A sign atop the public’s presentation table in Ellisville City Hall reads, “Here is where your story begins.” But for Ellisville resident Haven Overstreet and dozens of supporters, there was concern that her story might end there instead.
On Tuesday evening, a public hearing at Ellisville City Hall was called to discuss the operation of Overstreet’s business, Naomijoy’s Hopeful Hearts, on Ivy Street. The daycare and teaching center for children with special needs has been in business there for the past two months. Overstreet operates the business to provide resources to area children diagnosed with autism.
On Friday, Overstreet was informed by city officials that she would need to attend a public hearing in just two business days to address “zoning concerns” that had suddenly arisen. Overstreet had already received a privilege license from the City of Ellisville to operate at the location.
“Why are we here?” Overstreet’s attorney Lee Turner asked the council. “She has already been told at least twice that she is in compliance. Who is the complaining party?”
While Mayor Lynn Buckhaults did not identify the complainant, he did say that the city received a complaint and that he sent the code inspector and chief of police to the business, which is standard practice.
“At that time, she did admit that she did not live there, and that is the No. 1 thing on the home occupancy (requirement),” Buckhaults said.
Turner said, “We were not apprised of this meeting until close of business on Friday, and we really need more time to prepare.”
Buckhaults emphasized that “special-needs children are not the problem.” The problem is with being in compliance with R1 zoning.
“To say that she was in 100 percent compliance — that is not true,” Buckhaults said.
Overstreet shared with the council that she and her supporters knocked on at least 39 of the neighbors’ doors on Ivy Street and surrounding streets in the neighborhood, and all 39 signed a petition in support of her keeping her center open at its present location.
“Not a single person refused to sign,” Overstreet said.
Turner made a point that there are other more visible businesses located in the same R1 area, including a beauty salon and an assisted-living facility. It was thought that perhaps these were “grandfathered” in.
City Attorney Randy Laird read the current R1 Zoning requirements and made a point that the language used, such as “tea room,” is indicative that these requirements have been in place for decades. On Monday, he said “Ellisville has had zoning requirements for over 50 years.”
Neither the beauty salon nor the assisted-living facility have been in existence for 50 years, however, which would suggest they were not “grandfathered” in but instead received a variance. The ordinance apparently was put into place prior to the Americans with Disabilities Act being established.
The council unanimously agreed to give Overstreet and her legal team more time to make a proper request for a variance. Section 402.02 of the zoning ordinance gives the mayor and council the explicit right to allow “special exceptions subject to any limitations and restrictions deemed necessary.”
That hearing is scheduled for April 16 at City Hall. Overstreet was told that she could continue to operate the facility in the meantime.
“I feel pretty sad to be honest,” Overstreet said of the outcome. “I feel that this could have been settled a week ago, and I had no idea I even had to apply for a variance.”
For now, Naomijoy’s Hopeful Hearts will remain open, and Overstreet’s story will continue for at least another month.
ncG1vNJzZmivp6x7rbHAnZyrZZOWua16wqikaKaVrMBwstGenJimlazAcLjOnJilZaOlsqS1wKVkp52VmcBur8Snq56qXZiurbjEnWSipqSkerLBxKyroqeeZK6zwMico56XYmh9ebLBnGlmnWabgG59kJ6cZpllaq9ussVtaW9qaWuEprCXZ5%2BtpZw%3D