Lakeway updates home business ordinance, daycare owner still sues

Lakeway City Council voted Monday night to clarify and streamline the city’s home business ordinance. Bianca King, who runs a home-based daycare center in the city, said the changes weren’t enough to drop her lawsuit over the unfairly restrictive ordinance.

King sued the city in March after she was denied permission to operate a small daycare business from her home. The zoning and planning commission rejected King’s permit application in November, arguing that the daycare didn’t meet all of the city’s 19 criteria for a legal home business. At the time, King’s attorneys argued that Lakeway’s Home Business Ordinance was unduly strict, to the point of violating the state constitution.

King is a single mother with education experience who provides child care for several local families. She opened her daycare after being laid off earlier in the pandemic and it is now her main source of income. King registered her business as a babysitting service with the Texas Health and Human Services Commission in January 2021 and is allowed to care for up to four children in addition to her own.

More:The Lakeway resident is suing the city for keeping her daily business at home open

With the new ordinance, the city streamlined the requirements to 10 and added a section specifically addressing home day care.

A number of the requirements remain the same, including that a cottage business cannot alter the residential character of the property and that the use of the building as a shop is secondary to its use as a dwelling.

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