Avon plan commission dismisses dormant 1137 N. Avon Avenue c-store petition for lack of prosecution

The Avon Advisory Plan Commission voted to dismiss DPR 25‑04, a petition for a convenience store and gas station at 1137 North Avon Avenue, citing a lack of prosecution by the petitioner.

Town planning staff told the commission the petition was filed in late February or early March, was reviewed by the technical advisory committee March 20 and then missed several hearings because revised plans were never filed. “We have still received no responses or revised plans to all of the issues that were raised at the technical advisory committee over 6 months ago. Therefore, we would recommend that you dismiss this for want or lack of prosecution on behalf of the petitioner,” a staff member said.

Commissioners discussed the rules of procedure that limit continuances to six months beyond the original scheduled hearing date and several members said the petitioner had ample opportunity to respond. Commissioner Dave Kaufman said, “I think there’s no movement from the petitioner on this and…I don't see a reason to continue this another month.” Commissioner Catherine Ransberg and other members agreed and a motion to dismiss was made, seconded and carried by roll call.

Staff also noted pending code enforcement at the property, saying, “There's a lot of garbage, and the retention pond has got, I think there's more debris in it than water.” The staff member said enforcement activity is pending but did not provide a citation or enforcement timetable.

Under the commission’s rules, dismissal or withdrawal typically triggers a six‑month waiting period before refiling; staff said the petitioner could refile after that interval but provided no timeline for resubmittal. The commission’s action was limited to docket management and did not approve site plans or other permits.

The dismissal vote was recorded by roll call; the motion carried and the case was removed from the docket.