BOARDMAN, Ohio - The Boardman Zoning Commission made its decision on the conflict between homeowners on Brookfield Avenue and the recently built Dairy Queen on Market Street.

Zoning officials voted 3-2 to approve a variance to Boardman Township Zoning Resolution Article 6.01 (E) (10), reducing the two hundred and fifty-foot setback from a residential dwelling unit for a Drive-through speaker to sixty-five feet.

21 News checked in with neighbors in December after they met with zoning officials to take up complaints about the drive-thru being too close to their homes. Those neighbors said the drive-thru brought excessive noise and light to the area.

The owners of the Dairy Queen said they originally designed the building with the drive-thru on the side of the restaurant, further away from the neighborhood. They claim the former Boardman Township Zoning Director made them change it.

This had been an ongoing issue since July 2023 when the township ordered Dairy Queen to close its drive-thru since it violated zoning laws. That order was put on hold due to the legal battle. The owners argued that the drive-thru had to remain open because at least 60% of their business comes from the drive-thru.

The dispute had its first hearing in mid-October and a continuance was issued during a meeting in December, leading to Tuesday's hearing.