Lakeway updates home business ordinance, daycare owner is still suing

The Lakeway City Council voted Monday night to clarify and streamline the city’s home business ordinance. Bianca King, who operates an at-home day care in the city, said the changes are not enough for her to drop her lawsuit over the ordinance being unfairly restrictive.

King sued the city in March after she was denied a permit to continue operating a small day care business out of her home. The Zoning and Planning Commission denied King’s permit application in November, arguing that the day care did not fit all of the city’s 19 criteria for a legal home business. At the time, King’s lawyers argued that Lakeway’s home business ordinance is unreasonably strict to the point of violating the state constitution.

King is a single mother with experience working in education who provides child care for several local families. She opened her day care after she was 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 watch up to four children in addition to her own.

More:Lakeway resident sues city to keep her at-home day care business open

With the new ordinance, the city streamlined the requirements down to 10 and added a section that specifically addresses at-home day care.

A number of the requirements remain the same, including that an at-home business cannot change the residential character of the lot and that the use of the building as a business will be secondary to its use as a home.

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