Avon BZA adopts findings denying front-yard trash-enclosure variance and car-wash special exception

The Avon Board of Zoning Appeals on a procedural vote adopted findings of fact that preserve earlier denials of two development petitions.

For VAR2603 (Wrights Gymnastics, 8170 Kingston Street) the board read criteria from the Unified Development Ordinance and concluded a front-yard trash enclosure would be inconsistent with Avon’s aesthetic standards and that compliant locations were available on site; staff explained that recent court guidance requires adoption of written findings at a subsequent public meeting and that the 30-day appeal period runs only after findings are adopted. "It is 30 days," staff member Dan said when asked about the appeal window, and he added that the appeal deadline does not run until the findings of fact are adopted.

A motion to approve the findings of fact for the variance was moved (by the member identified in the record as Ransberg) and seconded (by Inman); a roll-call was taken and recorded in favor of adopting the findings that support denial of the petition.

On SE2601 (Wash and Roll, 6913 E. U.S. Highway 36A), the board read the applicable UDO criteria and the Avon planning staff report and concluded a standalone car wash would be contrary to the comprehensive-plan recommendation for a pedestrian-friendly mixed-use environment in the Midtown focus area and would be detrimental to adjacent property values and future pedestrian-oriented redevelopment. The board moved to accept the findings of fact; a roll-call vote was recorded in favor of the findings, which formalize denial of the special exception.

What this means: Both adopted sets of findings memorialize the board’s prior denials and start the statutory timelines for appeal. Parties that wish to challenge either decision have 30 days after formal adoption of the findings to file appeals, according to staff.