An entertainment business shut down at a Burkhardt Road site and similar establishments will not be allowed there under current zoning, Riverside has told the landowner.
The 5814 Burkhardt property occupied by Oddbody’s Music Room before its April 20 court-ordered closing is designated as a business district and entertainment is not a permitted use, Riverside City Manager Joshua Rauch said in a letter.
The April 26 letter to Impala Capital LLC of California, which owns the Spin-Kemp Shopping Center, also said Riverside will not issue any permits for the site until “all outstanding violations have been resolved.”
The city filed a public nuisance complaint, citing heavy gunfire, attempted abductions and other crimes occurring near Oddbody’s — formerly home of McGuffy’s — before its shutdown by Montgomery County Municipal Court.
An April 6 letter from Riverside to Impala gave the shopping center owner 15 days to comply with the city’s request for corrective measures.
A Riverside Fire Department inspection in late April found more than a dozen violations, a city report states.
“The nuisance use has been corrected since the city’s public nuisance determination was finalized,” Rauch said in an email. “The property still requires fire safety code updates.”
The April 26 Riverside letter to Impala was addressed to Kevin Zhang and copied to Mike Zhang. The registration for Impala filed in Ohio lists Mike Zhang of California as its contact.
Dayton Daily News’ attempts to reach the Zhangs this week have been unsuccessful.
Rauch said “the city has reached out to the property owner to inquire about leasing status and opportunities to identify tenants that meet existing zoning requirements. These conversations are ongoing.”
The April 26 city letter stated “we understand your goal to find a paying tenant to fill the vacant space involved in this matter as quickly as possible.”
“This zoning does not permit an entertainment venue, concert venue, or similar use to operate on the property,” Rauch added in the letter.
“The city also reserves the right, per its code, to deny any future requests by the tenants involved in this case due to prior failures to comply with our code,” according to the letter.
“Our goal is always to work with the business community to attract high-quality jobs to Riverside,” it states. “We remain ready and willing to help you through that process to the best of our ability.”
A city notice in March to Impala Capital stated that since October 2017 police have responded to 52 calls at Oddbody’s.
They included six involving felony activities, among them a shooting earlier that month, according to Riverside records.
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