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Avon BZA clears Mobetha's drive-through at former Swenson's site on US‑36

Town of Avon Board of Zoning Appeals · January 21, 2026

Summary

The Avon Board of Zoning Appeals approved SE 25-04, granting a special exception to allow a mobile-pickup-oriented drive-through at 8894 E. US Highway 36 (the former Swenson's site), subject to staff conditions; the project proceeds to the Plan Commission for development-plan review.

The Avon Board of Zoning Appeals voted unanimously to grant SE 25‑04, a special exception to permit a drive-through pickup lane for Mobetha's at 8894 East US Highway 36 (the former Swenson's Drive In).

Staff described the site context — located on US‑36 near County Road 900, adjacent to a Costco fueling center and new multi-tenant construction — and said the property has been zoned C‑2 since 2020. Staff recommended approval, concluding the proposal met required special-exception findings and was compatible with the comprehensive plan's commercial designation.

Staff emphasized the proposal is for a mobile-pickup lane with no on-site order board proposed currently: "This would just be for mobile pickups, so you wouldn't you have to order ahead and then, show up to pick up here," the planner said. Board members asked whether adding an order/menu board later would require return to the BZA; staff replied that an order board would not automatically trigger a new special exception unless ordinance criteria (for example, stacking or front-yard intrusion) were violated, and added that the applicant will seek Plan Commission development-plan approval next week. Staff also said the applicant will add perimeter landscaping, terminal islands and additional tree plantings as part of the development plan.

The petitioner's civil engineer, Josh **** of Kimley Horn, introduced himself and said he had little to add beyond staff's presentation. With no public speakers signed up, a board member moved to approve the special exception "subject to the approved findings of fact and subject to the condition listed in the staff report," the motion was seconded and the board approved SE 25‑04 by unanimous recorded vote of the four members present.

The approval allows the drive-through pickup configuration under the conditions noted by staff; final site layout and landscaping will be considered by the Plan Commission at its next meeting.

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