Avon planning board denies variance to allow trash enclosure in front yard for Wright's Gymnastics site

The Avon Planning Board voted to deny VAR26-03, a variance request to allow a trash enclosure in the established front yard for a proposed multi-tenant building that would include Wright's Gymnastics at 8170 Kingston Street. A board member who moved the denial said the petitioner had not met the statutory standard for practical difficulty and that the proposal reflected a developer preference for a particular building size and layout rather than a necessity.

Planning staff had recommended approval, saying the enclosure would be significantly set back from Kingston Street, would match building materials required in the US 36 overlay, and would lessen impacts on adjacent properties. "We do believe that all the required findings have been met," planning staff told the board, noting the enclosure would be about 170 feet from the Kingston right-of-way and would be constructed of masonry to match the building. Developer representative Dylan Reynolds, SpaceCo's civil engineer for Alt Construction, described the enclosure as "just gonna be a masonry wall that matches the building," and said drainage, driveway alignment and the proposed building footprint drove the current layout.

Several board members disagreed that the petitioner demonstrated practical difficulty under state law, pressing that alternatives — rotating or reducing the building footprint or providing a rear access aisle — could avoid placing the enclosure in an established front yard. One member said, "I don't believe that's been met," arguing the petitioner had not shown the standard required for a variance and that subsequent tenants might not maintain the enclosure. After discussion the board moved to deny VAR26-03. The motion to deny was seconded and passed on a roll-call vote, with the minutes recording the vote as unanimous in favor of denial.

The board and staff also discussed that if the variance had been granted, the planning commission would still need to approve an alternate location under the US 36 overlay as part of the development plan review. The board's denial means the applicant would need to revise the site layout or pursue other alternatives before returning for approvals.