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station located immediately across the Oakwood Ave/Irving Ave intersection is open 24/7. The aforementioned businesses are located outside of Oakwood city limits and in the city of Dayton. Within the Neighborhood Business District, Firehouse Subs also located within the Routsong Retail Center is open on Friday and Saturday until 10:00 p.m. Having a business located in the Neighborhood Business District that is open until 2:00 a.m. is likely inconsistent with the residential character of the surrounding Oakwood properties.
C.

That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare.

PRELIMINARY STAFF FINDINGS:
➤ Having a business located in close proximity to surrounding residential properties remain open until 2:00 a.m. could impact public health, safety, and/or general welfare of the homes in the adjacent residential area.
D.

That the proposed use will not be injurious to the reasonable use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood.

PRELIMINARY STAFF FINDINGS:
➤ As previously mentioned, the introduction of a 2:00 a.m. closing time is likely inconsistent with the adjacent residential uses.
E.

The proposed use at the specified location will not significantly adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not significantly adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties.

PRELIMINARY STAFF FINDINGS:
➤ While not directly impacting the fully developed adjacent residential area, the introduction of late operating hours at this site represents a significant departure from the standard operating hours for businesses located in the Neighborhood Business District.
F.

That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood, or the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood.

PRELIMINARY STAFF FINDINGS:
➤ The architecture poses no problem, but the late-night business model is likely inconsistent with the character of the adjacent residential neighborhood.
G.

That adequate utilities, access roads, off-street parking and loading facilities, drainage and/or other necessary facilities, have been or are being provided at the applicant's cost.

PRELIMINARY STAFF FINDINGS:
➤ The applicant has met the requirements of this standard.