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BZA approves use variance for single‑family home at 112 S Dutoit with conditions

City of Dayton Board of Zoning Appeals · May 26, 2026
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Summary

The Board approved a use variance allowing a single‑family residence at 112 S Dutoit in the Urban Business District, subject to conditions on fencing/landscaping, parking repairs, abatement of property‑maintenance issues before occupancy, and limits on outside storage.

The City of Dayton Board of Zoning Appeals approved a use variance to permit a single‑family residence at 112 S Dutoit Street in the Urban Business District, with explicit conditions intended to eliminate site violations and ensure code compliance before occupancy. Planning staff (Jeff Green) recommended approval with conditions; applicant Austin Klaus presented a site plan and described plans to limit tree removal and clarify storage arrangements.

Staff told the Board the proposal could meet the intent of the code if the recommended conditions were applied. The Board voted to approve the use variance and associated variances after reviewing the standards and negotiating site conditions. The approval motion (moved by Joe Craig; seconded by Joe Shaw) specified these conditions: (1) fencing plan approved with necessary landscaping to meet code; (2) all utilized parking areas be repaired/repaved as necessary to meet code; (3) all property maintenance issues on the site be fully abated before occupancy; and (4) outside storage must be incidental to the primary use, located in the rear yard and screened; any outside storage not incidental to the primary use must be removed before occupancy.

The vote was recorded as: Bement Yes; Shaw Yes; Graham Yes; Patterson Yes; Martin Yes; Craig Yes; Lewis Yes. The Board recorded findings required under R.C.G.O. §150.120.10(D)(1) and §150.120.10(D)(2). Staff will monitor compliance with the stated conditions before issuing occupancy approval.