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Middletown board tables request to convert property to used-car lot after enforcement concerns
Summary
The board tabled a use-variance request to allow automotive sales at a Corner parcel after staff reported a notice of violation and the absence of zoning compliance documents.
The Middletown Board of Zoning Appeals on Nov. 2025 voted to table a use-variance application from Dylan Mohammed that would allow automotive sales at 2019 Oxford State Road / 3228 Omaha Street so the applicant can appear and staff can supply outstanding enforcement records.
Staff told the board the parcel (approximately 0.8183 acres) was purchased by the applicant in March 2025 and that records show a prior notice of violation for operating a used-car lot without a certificate of zoning compliance. "Ms. Savage found no certificate of zoning compliance application or certificate of occupancy applied on file for the operation of the new automotive sales and leasing business for the current property owner, Mr. Mohammed," staff reported. The certified-mail notice of violation sent in July 2025 was returned unclaimed, staff said.
City counsel John Roach warned the board that a use-variance approval would apply to the entire parcel, potentially allowing automotive sales across the lot including where a single-family dwelling currently stands. "If the use variance is approved here, it would be applied to the whole parcel," Roach said, and reminded the board that the applicant bears the burden of showing unnecessary hardship from enforcement of the zoning resolution.
Board members expressed concern about parcel-wide consequences and the absence of the applicant to explain the property's operating history. Commissioner discussion noted the applicant had claimed the business operated for years, but staff said the permitting record does not show a certificate of occupancy or zoning compliance for automotive sales.
Given the open questions about prior enforcement actions, mailing receipt records and the parcel-wide legal effect of a use-variance, the board voted unanimously to table the application to the December meeting and directed staff to provide the enforcement history and certified-mail evidence ahead of that hearing so the applicant can respond.
Next steps: the application will return to the board at a scheduled December meeting; staff will prepare the enforcement and notice records for the board and the applicant was strongly encouraged to attend.
