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Board approves variance to allow removable window film for proposed dispensary at 4389 W. Third St.
Summary
The Dayton Board of Zoning Appeals approved a variance allowing removable reflective window film for a proposed cannabis dispensary at 4389 W. Third St., reconciling state security requirements with local zoning. Approval carried with the condition that the film must be removed if the dispensary closes.
The Dayton Board of Zoning Appeals voted to approve a variance allowing removable reflective window film at 4389 W. Third St., a move staff said is necessary to reconcile Ohio Department of Cannabis Control security mandates with the city’s ENC zoning rules.
Planning staff member Ellen Sizer told the board the requested film addresses a direct conflict: state dispensary rules require window film for security while the ENC zoning district requires at least 50% of visible ground-floor wall area to be display-type windows and allows only 20% opaque window coverage. Sizer recommended approval with one condition: “Should the marijuana dispensary close, the window film be removed.”
Attorney Greg Gorospe, representing Farmaceutical RX LLC, told the board no viable alternative would satisfy both state security rules and the zoning code and noted the chosen film is removable. Board members asked about placement and transparency; Gorospe said state requirements necessitate coverage of all windows looking into the retail space.
The motion to approve found "a preponderance of reliable, probative, and substantial evidence" under R.C.G.O. §150.120.10 (D)(1). The motion was made by Ms. Diana Graham and seconded by Ms. Jacquelyne Patterson. Vote: Tim Bement Yes; Joe Shaw Excused; Diana Graham Yes; Jacquelyne Patterson Yes; Patrick Martin Yes; Joe Craig Yes; Chris Lewis Excused.
The board recorded the approval condition that the film be removed if the dispensary ceases operation; no additional operational limits were imposed.
