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Dayton BZA approves use variance to allow market at 3515 Cornell Drive with conditions
Summary
The Dayton Board of Zoning Appeals approved a use variance for 3515 Cornell Drive to allow a market and select retail tenants in an Eclectic Multi‑Family (EMF) zone, subject to conditions limiting hours (7 A.M.–11 P.M.), window signage (≤20%), requiring tenant zoning certificates, and restricting certain uses to BZA review.
The City of Dayton Board of Zoning Appeals on March 24 approved a use variance allowing redevelopment of 3515 Cornell Drive for a market and compatible retail uses, provided the applicant meets four conditions set by the board.
Planning staff Elizabeth Dakin presented the application PLN2026-00041, describing the site, zoning context, and a prior building fire that left the lot vacant; staff recommended approval after reviewing the standards for a use variance and noting the North Central Land Use Board's recommendation to approve.
Applicant Matthew Sauer described the proposed site plan and how the project meets the variance standards, and owner Gaindha Singh outlined prospective tenant types and operating plans. Singh said the project was not, at this time, pursuing a liquor license. Zoning Administrator Kyrsten French clarified that commercial district hours are 7 A.M. to 11 P.M.
Nearby resident Gary Daniels urged the board to consider park or housing alternatives and said he believed the market "would primarily be a chips and alcohol store," citing nuisance issues at the site in recent years. Board members and the owner discussed security and screening; the owner said security would include cameras and "an individual security person for the site." Staff reminded the board that sale of alcohol and tobacco would be regulated at the state level.
After discussion about limiting future uses and protecting neighbors, Board member Joe Shaw moved and Joe Craig seconded a motion finding the clear-and-convincing-evidence standard in R.C.G.O. —7150.120.10(D)(2) had been met and approving the variance with four conditions: hours of operation limited to 7 A.M.–11 P.M.; window coverage for signs/advertisements not to exceed 20%; a Zoning Certificate of Use required for each new tenant; and any uses outside retail, personal services, or small offices would require Board of Zoning Appeals approval. The motion carried with five votes in favor and one opposed (Chris Lewis). Jacquelyne Patterson was recorded as excused.
The board's action allows the site to be redeveloped for a market and similar ENC‑type retail uses within the EMF zoning district, subject to the conditions and to any state approvals required for regulated items such as alcohol or tobacco sales. The record of the decision is signed by Jeff Green, Secretary of the Board of Zoning Appeals; the minutes note the board approved the case.
