Avon BZA approves Advanced Automotive expansion but with conditions tying occupancy to site corrections

The Town of Avon Board of Zoning Appeals approved a use variance for Advanced Automotive to expand into adjacent tenant space at 8397 East U.S. Highway 36, subject to town conditions requiring outstanding site improvements be completed before issuance of a permanent certificate of occupancy.

Planning staff described the property as four platted lots within a roughly 6.5‑acre parcel originally developed as a lumber yard. Paul Taylor said the building was renovated for commercial use around 2007 and that some site elements required by the earlier Development Plan Review (DPR) — including interior parking‑lot landscaping, a privacy fence along the east property line and properly marked ADA parking stalls — were not implemented.

Taylor recommended approval conditioned on the petitioner addressing those deficiencies: landscaping on the west property line to prevent double‑stacked parking, an overflow parking area on Lot 3, and either strict compliance with the 2007 plan or filing an amended DPR. He told the board that the town could issue a temporary certificate of occupancy for the expansion while the owner pursues permanent compliance, but a permanent certificate of occupancy would not be issued until the full site was brought into compliance.

David Gellman, representing Churchyard LLC, which owns the property, said the owner and tenant had agreed to pursue those fixes and committed to bring the entire site into compliance or seek an amended DPR. “We will bring the total site in compliance or seek a new development plan review before the plan commission,” Gellman said.

Board members discussed whether the variance rights would attach to the land or the tenant. Paul Taylor explained that a use variance is recorded to the property and would apply to future lawful occupants of the space. Commissioner Catherine Ransberg moved approval of the variance; Commissioner Ann Inman seconded and the motion passed unanimously.

The board approved the variance on the basis that the existing structure and prior approvals predate the US‑36 overlay, that the proposed expansion would not alter the building's facade facing the corridor, and that the conditions imposed (landscaping, overflow parking, DPR compliance and certificate‑of‑occupancy timing) would mitigate impacts to surrounding properties.