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Neighbor dispute over contractor driveway leads Dayton council to set removal deadline
Summary
Council reviewed a contested interim‑use permit amendment for a driveway at 15430 Brockton Lane; neighbors said truck noise and proximity cause a nuisance; council discussed surveys, compliance and timelines and set a removal deadline (extension to May 31, 2026 was proposed and discussed).
The Dayton City Council spent extended time Dec. 9 on an interim‑use permit amendment for a home‑based driveway and equipment operation at 15430 Brockton Lane, where neighbors and the applicant disagree over whether the north driveway should be removed as a condition of the permit.
Planner staff summarized that the IUP originally required removal of the north driveway to reduce noise and visual impacts. The property owner and applicant, John Herbis, told the council the north driveway is at least 10 feet from the property stakes and argued keeping it reduces backing maneuvers and may be safer for his trucks. Neighbor Darryl Zehr said truck movements continue to cause strong vibrations and noise that shake items inside his house and that the fence does not mitigate sound.
Council members asked whether the fence was on the property line, whether a formal survey was available, and whether a circular turnaround could be created on the south side to reduce impacts. Staff said the city typically treats property‑line disputes as civil matters unless a certified survey is submitted; they also noted a fence permit had been taken and that applicants have been cooperating with prior conditions such as putting up a fence.
After discussion the council directed staff to formalize a timeline for removal if needed and debated whether to amend the IUP to extend the driveway removal deadline to May 31, 2026; the transcript records a vote that the council carried on a motion related to the driveway deadline. Council emphasized that the administrative record must reflect any extension or amendment with a formal resolution if the council decides to change the IUP’s December 31 deadline.
The action leaves the IUP and related conditions on the record: the council expects staff to prepare any ordinance amendment or resolution needed to record a changed removal deadline or to require removal by the previously stated date.
