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File #: 081571    Version:
Type: Resolution Status: Passed
File created: 3/3/2009 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 3/25/2009
Effective date:    
Title: Substitute resolution relating to Board of Zoning Appeals consideration of variance and special use permit applications for day care centers.
Sponsors: ALD. DAVIS, ALD. BAUMAN
Indexes: BOARD OF ZONING APPEALS, DAY CARE CENTERS, ZONING
Attachments: 1. Fiscal Note, 2. Board of Zoning Appeals Response, 3. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/23/20091 MAYOR SIGNED   Action details Meeting details Not available
3/25/20090 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
3/20/20091 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
3/20/20090 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Individuals present: Kari Egerstrom - Board of Zoning Appeals Ald. Davis - co-sponsor of the legislation Jeff Osterman - Legislative Reference Bureau Proposed Substitute A accepted.
Pass5:0 Action details Meeting details Not available
3/20/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTIONPass5:0 Action details Meeting details Not available
3/10/20090 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
3/9/20090 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
3/5/20090 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
3/3/20090 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
081571
Version
Substitute 1
Reference
081482
Sponsor
ALD. DAVIS AND BAUMAN
Title
Substitute resolution relating to Board of Zoning Appeals consideration of variance and special use permit applications for day care centers.
Analysis
This resolution requests that the Board of Zoning Appeals defer consideration of special use permit or use variance applications for a period of 6 months commencing on the effective date of this resolution and/or apply strict scrutiny to all such applications in accordance with the applicable criteria specified by the Zoning Code.
Body
Whereas, The City’s Zoning Code defines a “day care center” as “an establishment in which the operator is provided with compensation in return for providing individuals with care for less than 24 hours at a time”; and

Whereas, This definition also includes a “family day care home” (facility providing care for 8 or fewer children) in which the operator does not reside; and

Whereas, The Zoning Code requires operators of day care centers located in various zoning districts or in certain other specified circumstances to obtain special use permits from the Board of Zoning Appeals; and

Whereas, In circumstances where a day care center is classified as a prohibited use, an interested party may still apply to the Board of Zoning Appeals for a use variance to allow operation of the facility; and

Whereas, A recent investigation by the Milwaukee Journal Sentinel uncovered numerous examples of fraud, deceit and loopholes within the State of Wisconsin’s $340 million taxpayer-funded “Wisconsin Shares” child-care assistance program, as well as evidence of inadequate caseworker oversight, regulatory leniency within the program and an overall lack of accountability for how taxpayer dollars are spent; and

Whereas, In response to the Journal Sentinel expose, a comprehensive audit of Wisconsin Shares has been initiated, with the objective of formulating new rules to cut fraud within the program, a...

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