Avon zoning board continues Dutch Brothers special-exception and variance to Feb. 18

The Avon Town Board of Zoning Appeals voted to continue SE 2405 and VAR 2407, two related land‑use cases for a proposed Dutch Brothers Coffee at 7893 East U.S. Highway 36, to the board’s Feb. 18, 2025 meeting.

Staff told the board the petitioner requested the continuance and that staff supports the request after finding additional documents in old case files that may affect the parties’ positions. The continuance, moved by Catherine Ransberg and seconded by Anne Inman, passed on a roll‑call vote with all members present voting in favor.

Board staff said the two items are linked: SE 2405 is the special exception application and VAR 2407 is a variance of development standards. Staff recommended the continuance so the petitioner has time to evaluate the property owner’s obligations arising from earlier land‑use approvals at the site and respond to the newly discovered materials. Staff characterized the matter as a long‑standing issue related to the Lowe’s property and said the additional documents were located only recently.

During discussion the board confirmed the continuance is discretionary and that this will be a further continuance of a case previously continued. Staff said the additional documents were produced in the weeks before the hearing and that continued review may create an opportunity for the parties to reach agreement before the board hears the merits.

No final action on the substance of the special exception or variance was taken; the cases were continued to Feb. 18, 2025 so the petitioner can review and respond to materials newly provided by staff.

Details and next steps: the petitioner has requested the continuance; staff recommended granting it; the board will revisit SE 2405 and VAR 2407 at the Feb. 18, 2025 meeting.