The facility would house up to 16 teens in foster care, providing housing, supervision, social services and educational services.
City of Dayton staff and its zoning administrator say the proposed group home most closely fits the definition of a transitional housing facility, which is not permitted in that neighborhood.
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Griffin Academy’s appealed the zoning administrator’s determination that the proposed operation would be transitional housing.
Griffin Academy claims the group home is most like a residential facility, which is permitted in the district. The proposed site of the group home on Blackwood Avenue is a former nursing home that has been vacant for years.
But the Board of Zoning Appeals unanimously voted to uphold the zoning administrator’s refusal.
Griffin Academy did not provide clear and convincing evidence that the zoning administrator’s determination was incorrect and his interpretation seems reasonable, board members said.
City of Dayton staff said the scope of services, length of stay and foster youth clientele for the proposed facility most closely fits the definition of transitional housing.
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But Griffin Academy said transitional housing facilities, by the city’s own definition, are run by public or nonprofit agencies, and Griffin Academy is not that — it’s a private company.
Residential facilities, by the city’s definition, are for room and board and other services for developmentally disabled people in a family setting.
The Griffin Academy owners say they are considering taking legal action to try to move forward with opening the group home.
“You are zoning us out,” said Theresa Darr, the company’s owner. “Where are our children supposed to go if we can’t find a place for this in the code?”
“This is just devastating,” she said.
Greg Gantt, an attorney representing Griffin Academy, said other Ohio communities have faced litigation for fair housing law violations after attempting to zone group homes out of existence.
“I believe we fit residential, clearly and convincingly,” Gantt said.
Under the city’s zoning code, uses that are not specifically listed are prohibited, and only if the zoning administrator determines that a proposed use is substantially similar to a permitted use will it be allowed, said John Musto, city of Dayton senior attorney.
In March, some residents who live near the proposed site said a facility for at-risk teens would be a bad fit for the Wright-View neighborhood, which already struggles with crime, drugs and registered sex offenders.
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