Is subdivision wrong place for day care?

Ada Stone said she is just trying to operate her own business, providing quality child care for her clients as the State of Michigan has licensed her to do.
However, some of Stone’s neighbors in the Long Lake Woods Subdivision off Indian Lake Road say her home-based day care is causing traffic problems for the cul-de-sac neighborhood.
‘Or course, people usually buy on the cul-de-sac because they expect less traffic,? said neighbor Bryan Patton, who lives two doors down from Stone. ‘There is more traffic now.?
Patton, who is a real estate agent, believes having a day care housed nearby could decrease property values for other homeowners in the area.
‘When someone goes to sell their house, it would be unethical not to disclose there are two day cares on this cul-de-sac, one with 12 children,? he said.
‘I moved here intending to open a day care,? said Stone, who purchased her home on Wildbrook Lane with her husband over a year ago.
‘I went through the licensing process with the state,? she said. ‘I started with three children, one of them being my best friend’s child, who was the same age as my daughter Sydney (4).?
Stone has another daughter, Ashley, 11.
It’s always been her goal to provide quality day care for her friends? and referrals’children. She does not advertise her childcare business.
‘It’s a wonderful home-setting,? she said. ‘I run the day care in the basement of my home, and my husband and I have put in a lot to make sure everything is safe for the children.?
StepnStones offers a ‘play-based curriculum,? with some preschool.
Stone has eight families now, and is licensed by the state to care for up to 12 children. Only two currently attend the day care full-time.
Since Stone opened her business last August, she has heard some complaints from neighbors, and recently appeared before the Orion Township Zoning Board to address a zoning ordinance violation.
‘I put up a play structure in my backyard,? she said. ‘The next day, I received a warning from the township, citing me for violation of Ordinance 78.?
Stone said the citation was a warning, and that Ordinance 78 requires play structures to have a minimum four-foot fence surrounding them.
‘But the subdivision bylaws do not allow fences, unless it’s around a pool,? she added.
?(The township) also said I should not have more than six children (in the day care), and I would have to provide off-street parking,? said Stone. ‘Since I live on a cul-de-sac, I felt that wasn’t necessary.?
Some of her neighbors disagree.
‘This is a really nice neighborhood, and it’s a parking lot here now,? Patton said.
‘We purchased our home for privacy,? said another neighbor of Stone’s, who asked not to be identified. ‘My concern about this is, it obviously does increase traffic for a small, cul-de-sac subdivision.?
The same neighbor said recently there has been a mother picking up her child from StepnStones at the neighborhood’s bus stop.
‘It’s a little uneasy when you see a stranger sitting in a van,? they said. ‘And it’s not that (Stone’s) asking for permission to waive one variance, there are four…Why even have the rules and the laws? It should be a dead issue.?
Neighbor Koula Christi said there is already a day care with six children on the other side of the cul-de-sac.
‘We don’t want to live in a business district,? she said. ‘You expect a certain amount of peace. It’s like being in the middle of a commercial district.
‘I’m frustrated, because she’s only supposed to have six children (in a home setting),? said Christi.
‘This is a pretty big sore spot in the neighborhood,? agreed Ed Scarth, who lives directly across the cul-de-sac from Stone.
‘The township ordinance for home day care says you can have up to six kids, including (Stone’s two children)…She said she is licensed from the state for up to 12,? he said.
‘I personally believe she has more than 12, because there are so many cars going in and out of there.?
Stone said she tries to stagger pick-up and drop-off times for parents so that there aren’t more than two cars there at a time.
‘I’m in compliance with the state licensing,? she said. ‘And I am insured with daycare liability insurance…There are 14 group home (day cares) for children (in Orion Township), and not all of them can comply with the parking or fencing rules.?
Stone said group care, as licensed by the state, allows up to 12 children; where as home care allows up to six.
?(The township) says I’m also not supposed to be within 1,500 feet of another child or foster care home,? she said. ‘I know of three within 1,500 feet of each other.?
Stone was told by township officials that if no one complains about the neighborhood day cares, they are allowed to continue operating.
Stone was before the zoning board in September requesting variances for the fence and parking rules, but was denied.
?(Some neighbors) want me to reduce my day care to six (children), but then I couldn’t accommodate my families with more than one child,? she said. ‘That would be a huge burden.?
‘There are many home-based businesses in our subdivision,? added Stone.’I believe group homes are needed, because we have stricter rules (governing them), and we’re required to have 20 hours of training in college-related child development courses.?
‘Regardless of the township and (Long Lake Woods Association) rules, she went ahead and opened this thing,? said Scarth. ‘She’s trying to get variances after she’s already opened up her business.
‘If she had up to six children, I don’t think there would be as much opposition to this,? he added. ‘It’s just an unfortunate situation.?
Shelley Peek of Clarkston, who has been taking her one-year-old daughter Madison to StepnStones since she was three months old, said Stone runs her business ‘like a true professional.?
‘You don’t have to worry about your child,? Peek said. ?(StepnStones) always takes the time to let you know everything is OK.?
‘I don’t have anything against her and her husband, and their right to make a living,? said Scarth. ‘I just think this kind of business is better suited for some place like Lapeer Road.?
‘It’s been a long, long year,? Stone said. ‘And there were times when I felt it was personal.?
The Long Lake Woods Subdivision Homeowner’s Association, of which Stone is vice president, is currently working to amend the sub’s bylaws to not allow any more home-based businesses in the future.
‘Basically, it’s saying in the future you can’t do something to provide for your family,? said Stone.
Orion Township Trustee Matthew Gibb, also a member of the zoning board, is president of the homeowner’s association. He abstained from voting when Stone was before the zoning board.
‘Basically, our ordinance permits two types (of day care),? Gibb said. ‘Up to six children in a regular in-home setting, or up to 12, which requires additional improvements.?
Some of those improvements would include off-site parking or the ability for people to use the driveway without having to back out into the street, as well as fencing for play areas.
‘If you have 12 kids, you have to have a fenced-in play area,? said Gibb. ‘That’s where I had to abstain from voting, because deed restrictions in our subdivision do not allow fences.?
Gibb said Stone only asked the zoning board for two variances.
‘I brought up that our ordinance requires no 12-children day care be within 1,500 feet of another home care,? he said. ‘There is one across the street and also one on the other side of Indian Lake in Oxford Township.?
Gibb said in order to have 12 children, the ordinance would also require Stone to make additional improvements to her home, such as exit signs.
As for the township’s policy on not taking action unless neighbors complain, Gibb said he hadn’t heard about it.
‘I’m concerned about the enforcement,? he said. ‘There is nothing on our books that addresses it and there’s day care all over the place.?
Gibb said in the future, the township may want to consider having a stricter ordinance for home-based day care.
‘I think we need to create some type of policy for monitoring and enforcement,? he added. ‘But any amendments to the ordinance would have to come through the planning commission.?