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Avon Board of Zoning Appeals continues two petitions tied to Lowe's property; approves Feb. 18 minutes

3042583 · April 16, 2025
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Summary

The Avon Board of Zoning Appeals voted unanimously to continue two petitions affecting a parcel near 7893 East U.S. Highway 36 to the June 17, 2025 hearing and approved the board's Feb. 18 meeting minutes.

The Avon Board of Zoning Appeals continued two pending land-use petitions linked to an outstanding obligation at the Lowe’s property and approved the board’s Feb. 18, 2025, meeting minutes.

A town staff member told the board the petitions — listed as SE 24-05 and VAR 24-07 for property referenced as 7893 East U.S. Highway 36 — have been continued multiple times while the petitioner coordinates with the property owner, Lowe’s, to address an outstanding issue from a prior approval. "The petitioner is not the property owner, so there has been discussion with the property owner and the petitioner. We are hopeful that they're going to make some proposal before the June hearing," the staff member said.

Board members discussed the history of delays and the town staff's recommendation. A staff representative said progress has been slow but measurable and that staff preferred a continuance rather than immediate legal action so the parties might reach a resolution without litigation.

Votes at a glance - Approval of minutes (Feb. 18, 2025). Motion: "I move that we approve the meeting minutes of 02/18/2025 as submitted." Mover: Catherine Ransberg; second: Paul Gugelberger. Vote: unanimous (all members present voted aye). Outcome: approved. - Continuance of SE 24-05 and VAR 24-07 (7893 East U.S. Highway 36). Motion moved to continue both matters to the June 17, 2025 hearing "without additional published notice but with mailed notice to be sent by the petitioner." Mover: Catherine Ransberg; second: Anne Inman. Vote: unanimous (all members present voted aye). Outcome: continued to June 17, 2025.

The board’s action to continue the petitions was taken under the board’s discretion; staff told members the town could pursue legal remedies but preferred to allow the petitioner and property owner to attempt a negotiated solution before restarting hearings. The staff representative also told the board the matters were originally docketed in December and had been continued in January, February and at least once more prior to the meeting.

The board then opened public comment; no members of the public spoke and the public comment period was closed. The board moved on to a scheduled training session following the administrative business.

The matters will return to the Board of Zoning Appeals on June 17, 2025, unless a party requests a different procedural outcome in advance of that meeting.