Grocerylane owner fights in court to turn store property into a gas station

Deep Patel, owner of the Grocery Lane, said he initially intended to rebuild and reopen the grocery store. But because he doesn't own the building, he wasn't eligible for Small Business Administration assistance, and the store suffered repeated damage from people breaking in and stealing copper wires the little remaining inventory. The building was eventually demolished.

Deep Patel, owner of the Grocery Lane, said he initially intended to rebuild and reopen the grocery store. But because he doesn't own the building, he wasn't eligible for Small Business Administration assistance, and the store suffered repeated damage from people breaking in and stealing copper wires the little remaining inventory. The building was eventually demolished.

The owner of the former Grocerylane property in Old North Dayton is challenging a Board of Zoning Appeals decision denying its request for permission to open a new fueling station and convenience store.

A company called 1451 Troy Street Investment LLC has filed an administrative appeal in Montgomery County Common Pleas Court that seeks to overturn the Board of Zoning Appeals denial of its conditional use application.

The Grocerylane building was badly damaged by the 2019 Memorial Day tornadoes and later torn down. The vacant property at 1451 Troy Street is just north of Stanley Avenue.

The administrative appeal claims the Board of Zoning Appeals’ decision was “arbitrary and capricious” and did not take evidence the applicant provided into consideration.

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The property owner said the board failed to follow the city’s zoning code and ignored testimony from city staff that the application satisfied all standards for a conditional use.

1451 Troy Street Investment LLC wants to build a roughly 4,500 square-foot store and fueling station on the former Grocerylane site. An architect on the project said the owner planned to invest $2.8 million into the site.

Grocerylane on Troy Street remains closed after the Memorial Day tornado.  TY GREENLEES / STAFF

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But some neighbors said they do not think a gas station is the right use of this site.

Some people said they want a new grocery store at this location. Others said the area already has too many truck stops, and another fueling station would contribute to traffic and safety issues.

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