Planning commission 3‑2 recommends council approve interim use permit for Brockton Lane asphalt/concrete business with conditions

Dayton — The Dayton City Planning Commission voted 3‑2 on Jan. 9 to recommend the City Council approve an interim use permit (IUP) for a home extended business at 15430 Brockton Lane North, permitting outdoor storage of materials and limited overnight parking for dump trucks used by John & Jerry Asphalt and Concrete Services.

The permit was recommended with multiple conditions the commission added during deliberations: a 6‑foot opaque fence along the north property line; a site plan showing designated truck parking and outdoor storage (to be provided before the item goes to council); outdoor storage moved to the south side of the accessory building; limits on on‑site dump trucks (the draft condition capped large dump trucks at two plus one one‑ton truck, with additional vehicles requiring an IUP amendment); a cap on vehicle/trip activity (the commission set 12 trips per day); restrictions on outdoor maintenance, loading and material handling to 7 a.m.–8 p.m. Monday–Saturday; a three‑year IUP term; a requirement that the city provide 24‑hour notice for property inspections; and a revocation provision if the use remains noncompliant after a 60‑day cure period.

The conditions followed a lengthy public hearing and several hours of testimony from neighbors and the applicant. City planning staff presented the request and said the site, zoned A‑1, is 10.93 acres and the application asks to store sand, gravel, lumber, dump trucks and trailers and to use one accessory structure for equipment and materials. Staff noted the city code allows only one standard business vehicle under 18,000 pounds without an IUP; the applicant asked for flexibility to store multiple dump trucks to serve off‑site jobs.

Neighbors who spoke at the hearing told commissioners the operation is already under way and that trucks, material piles and equipment have created noise, visual and nuisance concerns. Daryl Zaire, who lives north of the site, played video of trucks and described repeated noise in his yard: “This is noisy,” he said. Several nearby property owners described dead or dying pine trees along the shared property line and warned the operation could reduce nearby home values. One resident, Terry McNeil, urged denial and flagged the five‑year interim period in the draft as effectively permanent for long‑term neighbors: “Five years? I just heard Daryl’s in his seventies. Five years? That might be a lifetime,” McNeil said.

Applicant John Herbst told the commission he lives on the property and runs the business primarily out of Maple Grove but needs this site for equipment staging and occasional maintenance. Herbst said he has tried to work with neighbors and apologized if he had caused offense: “I came over to Daryl’s house, and the first thing he said to me… I want to get along with all of you.” He told commissioners most materials are delivered to job sites and that any saved material on site is intended for reuse.

Commissioners split over whether the proposed use fits Dayton’s home‑occupation rules and the more intensive home‑extended‑business provisions. Commissioner Sarah read the code language that shaped much of the debate: “No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling,” and noted the code can be unclear about which requirements apply to extended uses. Several commissioners said the code needs revision but that the commission must act on the existing ordinance and recommend conditions to mitigate impacts if it advances the permit.

After deliberation, a motion to recommend approval with the conditions listed above passed 3‑2 and will be forwarded to the City Council for final action at a future council meeting. The applicant must supply the site plan before the council packet is finalized.

Votes at a glance • Interim use permit — 15430 Brockton Lane North (John & Jerry Asphalt and Concrete Services): Motion to recommend council approval with conditions; tally 3‑2; recommended to City Council.

What happens next The Planning Commission’s recommendation will go to the Dayton City Council for final action. Staff said the applicant will supply a site plan showing the IUP‑related area, the fence location and a designated storage/parking area; if the plan is not ready in time for the council packet staff will request a later hearing date.

Why it matters The decision touches on how the city balances small‑business needs and the rural/residential character on A‑1 parcels. Commissioners repeatedly cited gaps and contradictions in Dayton’s home‑occupation rules and urged staff and council to clarify code language to reduce future disputes.