Beginning in May 2023, the City of Bryan began seeing an increase in calls for service to the Bryan Police Department based on inappropriate activity at Dad’s Place.
Some of the calls were for criminal mischief, trespassing, overdose, larceny, harassment, disturbing the peace and sexual assault.
In late fall, the city became aware that Dad’s Place was allowing individuals to live, on a transient basis, at this location. This use of the property at 226 S. Main St. is a violation of the city’s zoning code.
Dad’s Place is located in the C—3 zoning district of the city. This zoning district allows churches and other places of assembly to operate as a conditional use. It does not permit residential use on the first floor of any building in this district.
In 2020, Pastor Avell, showing that he knew the zoning laws applied, properly requested a conditional use at 226 S. Main St. so he could operate a church at this location. The city granted this request.
Pastor Avell never requested, nor was approval given, to use Dad’s Place as a residence or homeless shelter. The city enforces its zoning code equally to all.
A church does not have any special rights under the zoning code and the city expects Pastor Avell and Dad’s Place to follow the law as it does for all within the city.
Pastor Avell and Dad’s Place were given notice to cease the violations of the zoning code, and the city offered to assist in placing any persons living or staying there.
Pastor Avell, soon after receiving notice of the initial violations in November 2023, inquired as to whether he could get a conditional use permit to allow continued residential use on the first floor.
He was informed administratively that residential use in a C-3 is prohibited and cannot be approved as a conditional use.
The only reason this is still an ongoing fire/safety concern is because Chris Avell ignored the city’s notices in the fall, hence forcing criminal charges related to zoning.
The city also became concerned about whether Dad’s Place was complying with the Ohio Fire Code given the discovery that people were sleeping at Dad’s Place.
On November 21, 2023, the Bryan Fire Chief conducted a fire code inspection at Dad’s Place. The fire chief discovered 18 Violations of the Ohio Fire Code during this initial inspection.
Several of these violations were serious and potentially endanger the lives and safety of those in the building.
Some of the serious violations included improper installation of laundry facilities, inadequate or unsafe exit areas, LP cylinder for gas grill improperly placed inside the building, an unpermitted gas dryer installed with impermissible plastic duct outside Ohio Mechanical Code guidelines, no permitted and approved kitchen hood over the stove, and limited ventilation.
Immediate temporary solutions were implemented to address the most serious fire hazards and the fire chief gave Dad’s Place until January 9, 2024, to address these violations.
The fire chief conducted reinspections at Dad‘s Place on January 9 and January 16, 2024. In the reinspections, he found five violations that had not been properly corrected.
Again, most of these violations are serious and potentially endanger the health and safety of those individuals at Dad’s Place and residents in the apartments located above Dad’s Place.
The fire chief returned on January 16, 2024. to determine if these violations had been corrected. Upon arriving at Dad’s Place, the fire chief noted approximately 20 people who had been sleeping overnight at Dad’s Place on cots or on the floor.
The fire chief also discovered a gas leak due to improper installation of the unapproved gas dryer in Dad’s Place that had the potential to put people in jeopardy.
The fire chief, in conjunction with the local natural gas provider, corrected this gas leak. Since these violations of the Ohio Fire Code were not addressed. Dad’s Place was cited for these violations under City of Bryan ordinances.
The city takes its responsibility to protect the health and safety of members of the public seriously and will take appropriate action if these fire code violations are not corrected by January 23, 2024.
While the city has been addressing these issues, it has been accused of failing to support the homeless. Nothing could be further from the truth.
In fact, a homeless shelter, The Sanctuary Homeless Shelter, that fully complies with the zoning code and the code operates next to Dad’s Place.
The city works cooperatively with this shelter on an ongoing basis as it serves this population well while doing so in a safe and legal manner.
The city has been in contact with The Sanctuary to determine if there is room for people coming to Dad’s Place. Also, there are places in the city where Dad’s Place likely could operate a safe homeless shelter that would be consistent with the zoning code.
For example. the city also contacted individuals in charge of selling a facility in Bryan that, pending zoning approval, could be used by Dad’s Place. This facility is in an area of the city that would permit individuals to sleep in the building.
The city, additionally, has also sought assistance from various social services organizations to find help for the homeless.
Below are documents supporting Fire Code and Zoning Code violations. Incidents related to criminal activity will be produced at a later date due to the need to redact information in order to protect victim’s rights.
-Press Release / City Of Bryan
-PRESS RELEASE / CITY OF BRYAN
6 Comments
Just because something is legal, doesn’t make it right. Slavery, after all, was legal for a long time. While it may be true that the city was just doing due diligence, and actually was attempting to help citizens without housing, all of the documentation here appears to just focus on finding legal ways to close the shelter. Where is the documentation that the city is trying to help people on the streets find shelter? A city should be helping its residents. Show me that documentation.
Shame on you City of Bryan
Fuck you Bryan. People are dying on the streets. Y’all can find fire code and health code violations in literally every building ever. Someone helps the poor and you better shut it down, though, right? Is this where you want to be when Jesus comes back? Pilot was just enforcing the law, too.
You never once said there were sufficient beds immediately available for all the homeless that have slept there to keep them from freezing to death. If there were, you would have said it.
Saying someone having a little camp gas cylinder in a building or unapproved stove range hood as being a serious danger to everyone is ridiculous to the extreme. A serious, immediate danger to anyone’s life is sleeping outside in the winter.
And your regulations violate his religious beliefs of helping house the homeless.
Matthew 25:35-40
Leviticus 25:35-36
Isaiah 58:7
You can change the zoning rules. You’d rather people die, tho.
Hope a good lawyer fights this.
How can a homeless shelter be operated right next to Dads Place if that property is zone “commercial”. Who got paid off in Bryan to allow that. And yet this church is harassed?
Bryan Ohio sucks and the sooner you realize it and move on the better you will be