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Avon Board adopts findings documenting denial of variance for Wright's Gymnastics trash enclosure
Summary
The Avon Board of Zoning Appeals read and adopted findings of fact for VAR 26-03, confirming denial of a front-yard trash enclosure request for Wright's Gymnastics at 8170 Kingston Street; staff said the court of appeals requires findings to be voted on so the 30-day appeal clock begins at adoption.
The Avon Board of Zoning Appeals read criteria for VAR 26-03 (Wright's Gymnastics) and adopted findings of fact documenting the board's earlier denial of a variance to allow a trash enclosure in the established front yard at 8170 Kingston Street. The chair recited UDO standards and concluded the request would be inconsistent with local aesthetic and setback standards; the board then moved and voted to approve the findings.
Town planning staff explained the procedural reason for the separate vote: a court of appeals decision from Carmel requires findings of fact adopted after a denial to be approved at a subsequent public meeting so that the appeal window runs from the findings' adoption. Staff said, "The appeal deadline doesn't run until the findings of fact are adopted," and confirmed that the appeal period is 30 days. The board approved the findings by roll call; recorded votes during the meeting showed four affirmative votes on the motion to adopt the findings.
