Planning commission OKs day care expansion

Planning commissioners approved a special use permit that will double the size of Under the Magic Pine Tree over the objections of its only residential neighbor.

Neighbor Don Dixon asked planning commissioners to reject the permit, saying that children were throwing toys into his yard and at one point a child threw a rock that broke his garage window.

“I’m not in favor of this,” he said. “I understand the need, but I don’t see this getting better. I’m the only private residence that borders the property. Don’t double my nightmare, please.”

Planning commissioners voted to include a condition that the day care ensure that it isn’t a nuisance to the neighbors.

Under the permit, the day care would expand by 2,560 square feet which would increase its size to 84 students with three classrooms, five bathrooms and three storage areas. The day care also received a waiver to the required size of the parking lot.

Dixon could appeal the planning commission’s decision to county commissioners. He was advised to contact code enforcement if the day care continues to encroach on his property.

The day care has been operating under a court order since 1976 issued after more than 70 percent of the neighbors agreed to waive a deed restriction that prohibited commercial businesses in the community.

Originally opened in 1974 as the We Kare-A-Lot Child Care Center, the day care was sued by the homeowners association to enforce a deed restriction against businesses in Ranchos Units 1 and 2.

District Judge Noel Manoukian gave the day care until May 1, 1976, to move its operation out of the location off Mitch Drive. In the meantime, the owners obtained signatures from neighbors to waive the deed restriction. By the deadline, they were close enough that Manoukian stayed the order and assigned a clerk to verify signatures. By November 1976, the signatures were determined valid and the center had its approval.

It was renamed Under the Magic Pine Tree when it was purchased a decade later.