Board grants use variance for assisted-living plan at 236 North Briel Boulevard with owner-tied condition

The Middletown Board of Zoning Appeals voted to grant a use variance that allows a proposed assisted-living (personal care) facility at 236 North Briel Boulevard, with a condition tied to the applicant/owner.

Asia Mustafa, the applicant, told the board she intends to operate a small assisted-living residence with five suites for Medicaid-eligible seniors, staffed 24/7 by certified caregivers. Mustafa said the operation would provide personal-care services (bathing, feeding, assistance with activities of daily living) and would not offer skilled nursing procedures such as insulin injections or IV infusions. "We would be housing staff members, which would be classified as STNAs or certified caregivers, who are going to be full time, 24 hours a day, 7 days a week," Mustafa said.

Staff summarized the code background: the O-1 office district generally permits medical and dental offices but lists skilled-nursing and personal-care facilities as a prohibited use in that district. Planning staff said the applicant requested the use variance because the property’s size, layout and proximity to services make it difficult to repurpose under the existing allowed uses. Fetters also noted two written public comments in the record — one expressing concern about who would use the facility (and how a future owner might change use), and another expressing support.

Board members asked whether the defined use classes ("skilled nursing" and "personal care") limit residents by age; Fetters said the code definitions do not limit recipient age and that the concern voiced by neighbors about potential future uses (for example, a higher-intensity rehabilitation or treatment program) was not explicitly precluded by the definitions. Mustafa told the board that her plan targets older adults and that the operation would contract with the Council on Aging and the Ohio Medicaid system, which in her account limits the program to over-60 clients.

Because several board members expressed concern about the indefinite consequences if the property later changed hands, the motion to approve the use variance carried an explicit condition tying the variance to the current applicant/owner. The board’s legal discussion noted that a use variance typically travels with the land, but the board may attach conditions. The board approved the variance with the condition that the permitted use would terminate if ownership changed (the board discussed enforcement practicalities and noted the variance would expire if the authorized use ceased for the period the ordinance/code specifies).

Vote and conditions

- Case 8-25, 236 North Briel Boulevard (use variance to allow a skilled-nursing / personal-care assisted-living use in O-1 office zoning) — Outcome: approved with condition. Roll call: David Cash: yes; Stefan Wanamaker: abstain/recused from this case; Gary Gross: yes; Jerry Heidenreich: yes; Thomas Evans: yes (4–0–1; one recusal/abstention). Condition: the use variance was tied to the current applicant/owner; transfer of ownership or a prolonged cessation of the use will terminate the special-use approval, per board action and code enforcement processes.

Applicant’s proposal and operational details (as described at the hearing)

- Proposed capacity: five resident suites; each suite with sleeping area and basic kitchenette setup as described by applicant. - Staffing: rotating 24/7 coverage by certified caregiver staff (STNAs); nurses available on-call as needed; the applicant said the facility would not perform skilled nursing procedures that fall under higher medical licensure. - Meals and services: applicant described in-house meal preparation or contracted meals (e.g., Meals on Wheels/Council on Aging programs) and transportation for residents under Medicaid arrangements.

Public concerns and staff notes

Neighbors asked whether the variance would allow other types of congregate care or treatment facilities if the property were sold. Staff described the code definitions as broad and noted that board decisions traditionally focus on the application before it, but the board may attach conditions to address long-term concerns. Members emphasized enforcement challenges and that the variance may expire if the authorized use ceases for the period specified in local code.

What happens next

The applicant may proceed under the conditional use variance to seek building- or occupancy-permit actions consistent with the granted use and the condition tying the variance to the current owner; the planning department will document the condition in the permit record.