The Town of Avon Board of Zoning Appeals approved VAR25‑06, allowing Harland Bakeries to build an addition with loading docks that technically face toward U.S. Highway 36. Staff and the petitioner said intervening outlot retail buildings and the distance to US‑36 mean the docks will not be visible from the highway and that strict application of the overlay would make a practical redesign impracticable.

Steph (planning staff) said the bakery property lies inside Tier 3 of the US‑36 overlay and is separated visually from the highway by a multi‑tenant retail building. The overlay prohibits loading docks that face US‑36 or any public street; staff explained the site's geometry makes placing docks on the north, east, or south façades impractical without a costly and awkward building shape, so docks on the north façade were proposed and would be screened by intervening development.

Petitioner Ben Culmer, representing Carbone/Harland Bakeries, said the planned addition is a freezer/warehouse and described the project as a major private investment for the town. “It's going to be a huge investment in the town, 30 to 35,000,000, employ 15 to 18 additional people,” Culmer said. He and staff agreed the proposed docks would be screened from the highway by existing retail buildings and that loading activity would not be directly visible from US‑36.

Staff recommended approval of the variance as the minimum relief necessary, and commissioners agreed the practical difficulty standard was met. Commissioner Ann Inman moved approval; Commissioner Catherine Ransberg seconded and the board voted unanimously.

The variance is conditioned on substantial compliance with the conceptual site plan dated Sept. 18. The board's action permits the bakery to proceed with design and expansion while requiring the petitioner to conform to the approved site concept.