Council approves interim use permit for Brockton Lane storage and truck staging with conditions

The Dayton City Council approved an interim use permit (IUP) Feb. 11 allowing an extended home business for storage and truck staging at 15430 Brockton Lane, subject to several conditions the planning commission recommended and the council clarified.

The applicants, John Herbis and Justine (family name given in the application), applied to use a roughly 11-acre property as a staging area for John and Jerry Asphalt and Concrete Services. The planning commission recommended approval 3-2 with conditions; the council discussed the permit at length and then approved it with specific requirements.

Key conditions adopted by council include: - A 6-foot opaque fence along the north property line (extent identified in site plan) to screen the neighboring residence. - Materials and aggregate storage limited to the south side of the eastern accessory building and out of view from Brockton Lane. - Vehicle limits tied to the permit: two large dump trucks plus one smaller truck (the planning commission recommended and the council approved this cap); additional vehicles would require a formal IUP amendment. - Work and on-site vehicle operation limited to 7 a.m. to 8 p.m., Monday through Saturday (the planning commission tightened hours from a 7 a.m.–10 p.m. seven‑day standard in the code). - Daily trips related to the business were capped at a flexible 12 trips per day (planning commission recommended this in consideration of employee trips); the permit requires compliance and staff inspection if complaints arise. - The permit term: three years from the effective date, with city right to inspect property during business hours with at least 24-hour notice; noncompliance could lead to revocation after staff follow-up.

Council debate focused on noise, visual impacts, prior unpermitted work (driveway paving/impervious surface), property cleanup, and enforcement. The neighbor to the north, Daryl Zayer, testified that noise and truck movements had affected his horses and property and noted tree damage and fill placed near the lot line. The applicants described mitigation steps they would take, including buying vibration devices for the trucks to reduce tailgate banging, limiting materials to specified areas, and erecting the requested fence.

During council deliberations members proposed and the council added firm timelines: the applicant must remove outdoor debris along the north property line within 60 days of council approval, install the 6-foot screening fence by June 1, 2025, and relocate the commercial access/driveway to the south side of the accessory building by the end of 2025. The council also required the applicant to secure any required permits for driveway and paving work.

The final motion to approve the IUP passed with three votes in favor, one opposed and one abstention (a council member noted a family relationship and recused). Staff will monitor compliance and may bring a revocation hearing if permit conditions are not met.