P&Z URGES DENIAL OF USE PERMIT; NEIGHBORS OBJECT TO HOME DAY CARE

The Cape Girardeau Planning and Zoning Commission resolved Wednesday that a home day care center in a residential neighborhood converts into a business when its operators move out.

The commission unanimously recommended denial of a request by Jerry and Melba Keele for a special-use permit to operate a day care center at 1820 Delwin St.

Although Melba Keele has operated "Melba's Little Playhouse" on Delwin since 1980 as a licensed day care provider for up to 10 children, she and her husband moved two years ago to a home on Hilldale Circle.

City zoning laws restrict day care centers in residential areas to six children or fewer and require that operators reside in the home.

Keele said she was unaware there was a problem with the center because she has always complied with state licensing requirements.

But Commissioner Tom Mogelnicki said that regardless of the state requirements, the center now is a commercial operation.

"It's a vacant home in a residential area operating as a business, and that's what we're voting on tonight whether to give it a permit for commercial use," Mogelnicki said. "We've got to focus on today's issue, not 10 years ago."

Commissioner Tom Holshouser said he also thought the center was operating as a commercial business.

"I see it as a commercial venture, and that's not the place for a commercial venture," he said. "I don't think we need to set the precedent."

Commissioner R.J. McKinney said: "As I see it, the Keeles created the problem for themselves when they moved out of the house."

Several residents of the neighborhood also attended Wednesday's meeting to object to the Keeles' request.

Bruce Watson, whose home is next door to the center, complained of increased traffic and parking problems on Delwin as a result of its operation. He said parents have also mistake his home for the center.

"People have come up to our house at 6:30 in the morning and 8 at night wanting to pick up or drop off kids," he said.

Cindy Watson said she doubted the Keeles would welcome a similar situation in their new neighborhood.

"I'm concerned that if we try to sell our house and the potential buyer asks about who lives on either side, what will I tell them?" she said. "I would have to tell them that no one lives there; that a business is next door.

"I think they would be upset if we moved next to their new home and opened a business."

Adjoining property owner Jeff Hutson said he also is opposed to the center, which he called a commercial business in a residential neighborhood.

Jeanine Hayes of 1816 Delwin said parents of day care children repeatedly park in her driveway.

"I have come home from work and couldn't get into my driveway because people were using it for parking," she said. "It's a pure and simple business not a residence although it's in a residential area."

Walter Hartje of 1825 Margaret said he wouldn't be opposed to the center if the Keeles continued to reside there. He said with the house vacant except during "business hours," it's likely to lower adjoining property values.

But Jerry Keele said he was surprised that neighbors who haven't complained for 12 years while the center was operating now are opposed to it. He also said his son, a recent college graduate, plans to live in the house this summer.

Keele suggested the controversy might have originated from a personal disagreement that grew into a vendetta.

Melba Keele said she was surprised to learn the day care center violated city zoning laws.

"We have owned the home for 16 years, and I've had a state day care license for 12 years," she said. "I've had a license for 10 children for 10 years.

"I was given permission by the state of Missouri in 1990 to operate a day care home, and own and live in another home. I wasn't aware that the city doesn't allow that."

The Keeles can still petition the city council for approval of the permit. The council already discussed the matter briefly at its May 18 meeting.

Prior to that meeting, the Keeles apparently complained to individual council members because the city's planning services division notified them the center would have to be shut down. The council asked that the city staff send the Keeles a letter notifying them of their right to seek a special use permit to continue operating.