The business was once called Matt’s Auto Repair.
Business owner Matt Gregory appealed the violation, arguing the property has been used for motor vehicle repairs for many decades and should be “grandfathered in.”
But Dayton Zoning Administrator Carl Daugherty said staff research found that the business does not have a certificate of occupancy for automobile repair.
He said the property’s occupancy certificate was modified in the 1980s to automobile clean up and sales, which is not the same as auto repair or a junkyard. Auto clean up could mean detailing and other services.
“It stopped being a legal auto repair around 1987,” Daugherty said.
It’s unclear what may happen to Gregory’s shop, but he’s worried he’ll be put out of business.
“I’ve run a business and I’m trying to continue to run a business,” Gregory said. “I’ve put nine years of blood, sweat and tears into the property.”
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The Dayton Board of Zoning Appeals on Tuesday voted to affirm the decision of the zoning administrator, rejecting Gregory’s appeal of the notice of violation.
The city warned Gregory he needed to stop using the 515 Warren St. property for outdoor storage of inoperable vehicles and vehicle parts. Outdoor storage of this type is prohibited in the neighborhood.
Gregory said he’s been the sole proprietor of the mechanic’s shop for about nine years and the facility was built to be an auto repair shop.
Gregory said he doesn’t understand how he can run a mechanic business if damaged vehicles are not allowed to sit in his lot overnight.
He said he wants to stay put because he has an established clientele.
“If you enforce the outdoor storage, it’s going to put me out of business,” he said. “There’s no ifs, ands or buts about it.”
Gregory said he’s confused why the city is strongly pushing zoning just because new development is taking place across the street.
The Flats at South Park recently opened across the street from the auto shop, offering 43 new apartments and ground floor retail. Future phases of development call for new condos, townhouses and other housing.
The junk created an eyesore but a lot of debris and cars have been removed, said Bill Hibner, director of construction services with Oberer Thompson Company, which is developing the Flats.
“I think initially the amount and condition of vehicles was a visual detriment to the (Flats at South Park) project, but now it is not as noticeable,” he said.
Most of the junked cars and car parts have been removed, and the site is substantially compliant with the city’s outdoor storage regulations, city staff said.
But the future of the auto shop remains unclear, given its permit status.
BZA chair Tony Ciani said he sympathizes with Gregory and hopes he can figure out how to remain in operation.
Gregory may have to get a use variance.
Jeff Peterson, a local resident, said the new Flats development may be beneficial to the neighborhood but the city should not become overly aggressive to enforce zoning law just because developers don’t like having an auto shop as a neighbor.
“It’s very bothersome to me … if we allowed a use to go on for 40 years and then we don’t allow it anymore,” he said.
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