Dayton developers win suit against county and zone change request will be reheard

DAYTON - Two previously denied Dayton zone change requests have been ordered to be reconsidered.

The Third Judicial Court ordered Lyon County to rehear requests from William Mitchell and Michael Zacharias to change the zoning from 6,000 square foot residential to limited commercial on property located at 180 River Street and 155 Gates Street respectively.

As the first step in the process, the applications will be discussed tonight by the Dayton Regional Advisory Council.

Following the Lyon commissioner's approval of Mitchell's zone change request on Aug. 7, 1998 and Zacharias' request on Sept. 4, 1998, neighbors complainted that they had not been properly notified of these public hearings. The county determined the lack of notification was due to county error and in the fall of 1998 the board held a hearing to determine whether the zone change rulings were invalid.

Going against the Lyon County District Attorney's opinion that a decision to rehear the issue could subject the board to litigation, commissioners voted to reconsider the previously granted zone changes. The applicants claimed they were never made aware there was a problem with the prior decision.

At the rehearing on Feb. 4, 1999, neighbors continued their opposition to the requested zone changes, citing a desire to preserve the historic quality of Dayton, concerns with a lack of parking and opposition to increased commercial activity in the area. The board voted to deny the previously granted zone change.

Mitchell and Zacharias filed the legal action challenging the actions of the board.

According to the court decision, evidence was presented at the trial that there are several businesses in the area of the property and the master plan for the area provides for the zoning classification requested by the applicants.

The advisory council previously recommended denial of the request.