A decision by the Sylvania Township Board of Zoning Appeals has been upheld in Lucas County Common Pleas Court in a lawsuit which had challenged the BZA action.
The BZA decision upheld the township zoning department’s determination that Kent Riesen and Donna Schroyer-Riesen were using their home, 8752 Slate Ridge Rd. as an extension of Little Miracles, a licensed daycare facility.
The zoning office determination was reached after complaints were received from neighbors concerning noise from children using the pool at the home.
In July 2018, the couple was cited by the zoning department for operating the facility in an area zoned for residential use.
They operated Little Miracles and regularly brought children from the daycare to their home.
Mrs. Schroyer-Riesen told the board that due to safety concerns at public pools she began to bring 15-20 children to her home to use the pool. A bus from Little Miracles transported the children to the home and lifeguards were hired for the children.
Although the lawsuit argued that the use of the pool on less than a daily basis put it outside the definition of operating day-care facility the BZA determined that it was part of the daily operation of Little Miracles.
Judge Myron Duhart wrote that he “finds this reasoning persuasive” and affirmed the finding.
Written by: Mike Jones, Public Information Officer
Posted: January 7, 2019
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