Board of Zoning Appeals - Regular Meeting

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Welcome to the town of Avon Board of Zoning Appeals meeting. If you're interested in having a copy of the agenda, they're available on the tables to the right of the audience. This meeting is being recorded. Personal conversations are kept to a minimum and all cell phone ringers are turned to off with any phone calls taken outside the chambers. Hearings on individual cases will be conducted in accordance with the board's rules of procedure. Planning staff will first introduce the case, provide a summary, and make a recommendation. Petitioners will be given up to 10 minutes to present their case. Persons or groups opposed to the proposal will be provided a total of 10 minutes to present objections. Persons or groups in support of the the proposal will be provided with 10 minutes to present comments and support. Any individual shall be allowed a maximum of three minutes. A person representing a group or organization that shall be allowed a maximum of five minutes. The petitioner shall then have five minutes for rebuttal. No further testimony will be heard unless it is unless it is at the discretion of the board. If you are interested in commenting during any public hearing, please sign up on the sheets located on the tables to the right of the audience. When your name is called, please step forward to the podium and state your name and address for the record. Please address your comments to the board, not to staff or the appellent. Your comments should relate directly to the case at hand. We do understand that there may be several persons who wish to speak. The chair may therefore impose an alternate time limit for each person. Thank you again for your assistance in facilitating a respectful, fair, and timely meeting. Again, welcome to our meeting. Please stand for the pledge to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice

for all. [clears throat] May we have roll call, please? Paul Genberger, here. Annne Enman, here. Katherine Ransburg, here. Marcy Tashler, here. Marcus Turner, here. First item on the agenda is the approval of the minutes for 111825. Does I get that right? Yes, I did. Does anyone have any questions, concerns, comments? And if there are none, we'll entertain a motion.

I move we accept the meeting minutes from November 18th, 2025 as presented. A motion from Mrs. Ransburg. Is there a second? Second. Second by Mr. Genberger. Any discussion? All in favor say I. I. Anyone oppose? Say nay. Minutes are approved. [clears throat] Uh, next item is request for continuences or agenda modifications. We have none. Okay. Next item is public comment. We'll open up the floor for public comment at 6:34. Has anyone signed up to speak? We

just have we just have the petitioner for V EU2508 for public comment. Okay. And with no one else here, we will close public comment at 6:34. Going on to we have a old business going on to new business. This is VU25-08 Rise Avon Personal Services.

Thank you. Actually, I'll speak first. No, you're fine. [laughter]

Thank you, President Turner and members of the board. Uh, VR2508 Rise Avon Personal Services located at 1691 South Ronald Reagan Parkway is a request for variance of use to allow um a service use, specifically wellness and beauty services within one of the proposed buildings at this development. um that not being a permitted use within the I2 general industrial district. Um, this is about uh 13 and a half acre site located along the east side of Ronald Reagan Parkway in between uh 100 North, I'm sorry, 100 South um and Bradford Road or which at some points is 200 South. Um it's zoned I2. There are a variety of zonings around the property, industrial as well as commercial, residential, and agricultural. This property was reszoned for this development. Uh most of the property was reszoned in 2021 and a smaller portion was added in 2022 with development plan review granted in 2021 for the development that you'll see on the site plan which is in your packet as well. um which would be for a maximum of 20 buildings. And there were also waiverss related to um some of the architectural requirements and also to allow parking in excess of what the old zoning ordinance allowed because the old zoning ordinance had a parking maximum

which we don't have now under the unified development ordinance. Oh

yeah, apologize for the first note that says C2, General Commercial. It's all [snorts] um it was all zoned to I2, General Industrial. And so nine of the 20 proposed buildings have been constructed to date. And you'll see again, I'll show you that on site plan in a minute. These are just some uh gray and white photos with the snow and the overcast sky. Um that's the site looking northeast from Ronald Reagan Parkway. These are existing buildings here um that front Ronald Reagan Parkway. There are additional buildings back behind. This is Ronald Reagan Parkway out front here. Um the proposed building that we're going to be talking about would be just to the south of this existing building. That's another look just kind of looking due east from Ronald Reagan Parkway. Again, the proposed building would go right here. That's a look at the front entrance um from Ronald Reagan. And again, the proposed building would be to the south here. And that's just a view of the back of the site um where its county road 1050. So this is the site plan. The buildings in red are the ones that have been constructed in the first phase. The blue buildings are proposed in the second phase. And the building outlined here in green, again, Ronald Reagan Parkway is at the bottom of the page here. So, north is to the left, south to the right. The building outlined in green is the the subject of the variance. This building is proposed um to be constructed still. And that's the one where the petitioner is asking to have um personal services specifically wellness and beauty um such as a hair salon, nail salon, massage, barber shop, those type of uses. Um, so this site and the petitioner can talk more to specifics

of how it's developed and how it's currently used, but it's a it's zoned industrial, but it's not your typical industrial site [clears throat] that has large users and large buildings. Um, there's smaller buildings that are carved into smaller units. the the intent of the development is to provide a place for entrepreneurs who maybe started their business out of their home. They need a little extra space. Um so they they they need a bigger space, but they're not to the point where they could lease a typical commercial or industrial site. So this being a use variance, there's five required findings. I'm going to go through those. The first is that it not be injurious to the public health, safety, morals, and general welfare of the community. The concern that as a planning staff we would typically have with mixing more um retail type service uses that draw the general public as customers into an industrial zoned property would be um that oftentimes industrial typical industrial properties have a lot of frequent heavy truck traffic that we don't really want to mix with customers coming into an industrial site if we can avoid that. This type of site doesn't have um heavy truck traffic. Um and so we don't have that concern that adding uh uh spaces for hair salons and the like in one of the buildings would um that you'd have that conflict with heavy industrial traffic. So we don't believe that the addition of personal service uses in one building would be injurious to the public. So we believe that finding has been met. The second finding that the use and value of the area adjacent to the property not be affected

in a substantially adverse manner. Um, we don't see, especially with the the the mix of commercial, industrial, residential, agricultural zoning around this site, that the addition of the requested personal service uses would have a negative impact on adjacent properties. Um, we don't think it would change the character of this development or the surrounding area. So, we do believe the second finding has been met. The third fi uh required finding that the need for the variance arises from some condition peculiar to the property. [clears throat] We do believe that the design and layout of the site with smaller buildings and smaller tenant spaces that are intended for small businesses, [clears throat] excuse me, um is less attractive to some of your typical I2 general industrial businesses that are looking for larger spaces. So providing some flexibility here we think is reasonable and this is not a condition that would be typical of most I2 zone properties where you would have much larger um either larger single tenant buildings or even multi-tenant buildings that have much larger spaces that are um suited for your more typical industrial um businesses. So we do believe that this third finding has been met. The fourth finding that the strict application of the terms of the ordinance would constitute an unnec unnecessary hardship if applied to the property for which the the variance is sought. Um, similar to the last finding, the the small the layout of small buildings, the small tenant spaces is by its nature conducive to small businesses. Um but the ordinance does not have any zoning district where you can mix the small-cale industrial uses and smallcale

commercial service uses and therefore we do think that that would provide uh or would result in a hardship to this property. So we do believe that there's a a good case to be made that the fourth finding would be met. And then finally, the fifth finding that it not interfere substantially with the town's comprehensive plan. Now, you may be aware we just adopted a new comprehensive plan. However, when this request was filed, we were still operating under the old comprehensive plan. Um, for what it's worth, the new plan recommends industrial use here, but um, we should be looking at the plan that was in effect at the time this request was filed. And that plan recommends innovation use for this site. And the comprehensive plan indicates um the goal of embracing designation of areas and supportive programming to entrepreneurs and business producing innovation that encourage future potential for high investment, growth, and high wage opportunities. And so we do feel that it's not only does it not interfere substantially with the plan, we think it would actually meet the plan. Um, we think that the the intent of that recommendation is to grow uh small businesses and to allow entrepreneurs to to have a place to grow their small businesses. So, we think that dedicating a portion of one building to personal service uses it uses would not interfere with the plan and thus that finding is met. And so with our interpretation that all five of the required findings are met, we would recommend approval of this variance request. We would just ask that it be subject to um as has been requested that it be limited to what's uh labeled as building 16 on the site plan. And with that, I would be happy to

answer any questions that the board may have. questions for staff. Can you go back to the site plan that [clears throat] shows the buildings? [snorts] So would the var the variance would apply to the building or to the specific unit in the building? It would apply to the building that they would have several tenant spaces in the building that could be used for hair salons, barber shops, nail, massage, that kind of stuff. So, it would all be it'd be congregated in one building.

Yep. Just in building 16 is how they've labeled it. I'm not sure how they came up with a numbering system with 20 buildings and some of them are in the 60s, but it is what it is. Um, and it would be the one labeled as building 16 outlined in green. To rehash what I I think you've already said, everything in red is already built. Is that correct? Correct. So, blue does not ex the unit 16 does not exist yet. That is correct.

So, when we make our motion, um, do we need to be specific if we want it to be just to that building to indicate building 16? Well, if you if you do the motion as recommended um on the the motion that's before you, it would indicate that it'd be subject to that condition that I read that would make it subject to building limited to building 16. It it says to one proposed building, but it doesn't say specifically which building. Yeah, it's just the final clause says subject to the condition listed in [clears throat] the staff report, which would limit it to building 16. Sorry, I missed that. Okay. Oh, you're fine.

Okay. I do got to have a question. When you talked about on criterion three, I mean, this came forward for reason to the plan commission. Um, so why not instead of variance of use, why not a reszone here? Well, because we don't have a a zoning district that would allow these uses to mix together throughout the property. Um, so they'd have to reply it to get a lot to be able to do a zoning to a separate lot. [clears throat]

I mean, yeah, that would theoretically be a possibility, but I don't think that we would probably want to reszone one building surrounded by other buildings of a different zoning district all within one property. That would perhaps look like a spot zoning, which is we typically try to avoid. Okay. And then on criterion four on the hardship, I'm I guess I'm having a hard time with the hardship and maybe I'll I'll save this for general discussion here. What the petitioner has saved? Anyone have any other questions for staff at this point? We're right here from petitioner.

Thank you. We have Joel Bruns 5645 Castle Creek Parkway.

Okay. So, Rise Commercial District, we are a familyowned uh real estate developer and operator of small warehouses, flex spaces, small offices into a almost like a business incubator, incubator accelerator um for entrepreneurs and small business. Paul did a great job uh describing our our business model and and our sites. So, we've been around for about 15 years. Um we are thrilled to be in Avon and and looking forward to continuing our growth in Avon. So all of our sites, they have about a hundred different unique businesses on on each location. That's about 450, you know, employees within those businesses. We have a very diverse tenant base uh with service uh oriented companies, trades, general contractors, logistics, e-commerce, a very diverse tenant base. And so um you know, we have small offices on our space. We have flex spaces which are offices with a connected warehouse. Um along with some amenities, uh shared conference rooms, forklifts, uh all secured behind a a gate, uh with plenty of cameras for security for all of our tenants. So, it really does turn into a a small community of likeminded [clears throat] entrepreneurial business members and business owners. So um we have salon locations in a number of our other uh site sites. Uh we have 14 sites right now across five states and uh so we we've experienced this as a complimentary use to our majority sort of light industrial usage and it works very well in a lot of different locations. Um like Paul described, we're asking for the variance order to allow us to do that service-based um you know retail sales, service and repair um along with the typical uh light industrial uses on our site. So um we do

believe that it fits very well with the zoning and the continuous properties around which includes a C3 property as Paul described um along with the Ray corridor overlay. um which is about innovation and supporting business growth um in that area. So currently yeah uh we we cannot uh do that with in the current zoning um district and we've had a number of potential tenants come to us and ask for this space um and we're not able to to rent them space because of the restrictions of the current zoning uh which which would this would allow us to uh to house them to rent to them um and help support their business. So um we are like it already has been discussed just focused on building 16. Um our building numbers by the way they do have a uh there's there's a method to that which the different numbers mean different things internally for our systems. An 80 series building is a certain size units versus 60 buildings or 50 buildings things like that. So um [clears throat] so the 16 building would be up front. It is facing Ronald Reagan and it would be a similar um front facade to the other buildings that are facing the street. So, um we talked about where that is on the site plan there. And this is the floor plan. So, you can see how the the salon area is just in the front of that building. It's a similar floor plan, honestly, to what we have in our building 15, which is where our small offices are located. Um, and our manager sits in building 15. So, uh, a number of smaller salon suites, uh, for for tenants to rent out. We have a break room, a laundry area, a number of bathrooms to service, uh, those salon stylists, um, and and their customers. So, it is just, our request is just focused on this building and primarily, as you can see, it's just in the front

of this building. So the back will have you know similar uses flex spaces uh in the back of the building which we've already been approved for um on our site and and we already have operated in a number of buildings. So um yeah I've discussed the the facade will be the same um will will fit in and unify with the rest of the site and you can see some pictures here of just the interior finishes of what we've done in other locations. So, uh, you know, intending for this to be a high-end space that, um, that that a lot of stylists, massage therapists, barbers, people of that, you know, type are going to want to be in, um, as well as their their customers. So, thank you for your consideration. Uh, I'd be happy to answer any questions.

Before we get into the questions, we'll open up the public hearing at, uh, looks like it's 653. Would anyone like to speak? And with no one coming forward, we will close the public hearing at 653 and we'll open it up for discussion and questions. And so, so how many of these projects do you have that have the salon services buildings? This would be our fourth. This would be out of how many? 14. [clears throat] Out of 14. And is this something you anticipate doing in future projects?

Okay. [snorts] I guess I was confused when I read this um because I I was wondering if you had a tenant for this, but it's this is actually something where you're building out the building ready for,

you know, 10 people who want to bridge bridge the gap and take the leap into. Okay. And so if we're to look back at the site plan, you would see all those buildings in red. Those are buildings that we are going to be building in this next phase of construction. [clears throat] I have that backwards, but um yes, we're building all of those. This would be one of those buildings in this phase of development. How close is that building to other um I mean light industrial covers a bunch of stuff from people who are actually building stuff to e-business you know that sort of thing. How how close are is the salon services building to other areas that might be more me machinery and that kind of thing. Sure. In terms [clears throat] of proof that we salon is facing the front parking lot along Ronald Reagan that's outside of our fenced gated area. Um so all of that is accessible to the general public and then the most of the heavier industrials which is we really truly are light industrial. Right. Right. But a little more industrial or mechanical like you describe storage warehousing like [clears throat] that are often times behind the gate. They want the security. They they want to just they're concerned about the warehouse area only. Um whereas this is facing the front, more accessible. Um and so yeah, the it's mostly geared towards the back of the site.

Okay, Paul, I had a Sorry, I wanted to go back to you for a quick before I get into my next question here. I just want to make sure is the variance the only thing that they need or do they need to go in and get a modification for their DPR for this? No, that just the variance. Um the DPR from I believe it was 2021, it allowed all these buildings to be built. Um so they wouldn't need to go back and modify that.

Okay. So my so my question based on that is this is on the Reagan. It's a right in right out. You know, I I don't think there's any question that that we're going to increase the amount of trips generated to this site with this use. And then you've got this mixture of um industrial traffic, which should be lighter with this with this more um I guess you call it a commercial trip like you'd expect to be generated through commercial use. Um and I guess I'm looking at one of two ways. number one that you know what is what is the addition of this one building do to the in garrison egress on that site and I guess the second thing I would go to is do you plan on developing more units do you plan on building more units like this on this site [clears throat]

um yeah so from the standpoint of how we looked at the traffic consideration was that some of the uses they already have here and some of the uses that are permitted in I2 are office uses that can be you know accountants um insurance agents lawyers offices any any professional office other than medical or dental um are permitted in I2 and so we looked at this type of use where our understanding you're typically going to have you know let's say a stylist they're going to be dealing with one customer, maybe they have one waiting that could be very similar to what you'd have, you know, with a professional office where a person um there is is dealing with clients just the same. So, we didn't really think that traffic would be um you know, especially heavier. And again, with the the nature of these industrial uses being so small scale, um we believe there's little if any large truck traffic to this site. So, we really didn't think there would be a conflict there. Um and then I think the second I hope that answered the part for me and then you had the question for him about future development.

Yeah, I I would concur with that. The majority of our site is very low on full semi-tra, heavy industrial traffic. And so, you know, we have some straight trucks, box trucks, things like that for deliveries. Um, but overall the gate count uh on our sites is it's very low traffic. We're probably about 150 cars a day. Uh, so we're very low traffic. And yes, this would increase some, but like Paul mentioned, it's very similar to the office component that we have, which is a similar footprint in building 15 to what we're describing um in building 15. And secondly, to answer your question, no, this would be the only building that we are planning a salon or beauty use uh for this entire site.

Okay. You've got two retail locations already on site with your existing clients. What what retail do you have? Uh actually not sure exactly the retail uh because I would think it'd be about similar category. Um I can I can find that out much. Mo most are our folks um you know whether it's e-commerce or some of the professional office type folks. Um you know they may have some customers come in you know to a flex space for example that they have a little larger space. They they may come in meet with a client or a customer and then you know do transaction transaction the deal. We call that retail. Okay.

Yeah. And so that some of those just from an industry standpoint probably have gotten included in that sort of retail category by by someone on our on our team. So [clears throat] I I I wouldn't say that we are typical in the sense of retail as in people are coming in buying goods you know from a store like a typical retail uh center. And if I can just add to that, um, because I I've been working with Joel's colleague, Zach, um, throughout the process here, and I included that tenant list because I had asked Zach just to kind of give us an understanding of what kind of businesses are currently operating there. So when he sent that, he had indicated to me that two tenants listed as retail, um, that those are retail companies utilizing our warehousing units for their retail brands, but do not sell or exchange on site. So, from a zoning ordinance standpoint, it would sound like those businesses don't meet our definition of a retail sales.

Like, it could be the financial office for a clothing store or or something like that. Perhaps [gasps and clears throat] we have a number of businesses that will do packaging or, you know, routing of some some items, things like that that are more, you know, consumer goods or retail oriented type businesses. that we're doing helping them some of the back end service. So question for you Paul then um if this is approved is this a use in addition to all the other uses that have been approved.

That is correct. It would add just these specific uses of wellness and beauty services um to the the list of uses that are already permitted in I2. Okay. But it that allows them that if for some reason the demand for this business goes away, they can still use it for any other use there. It doesn't restrict them to just this. That is correct.

Okay. And then um do you anticipate with getting the the demand for beauty and wellness um seeing that there's another building to the south that has proposed is that anticipated that you might get has there been other types of businesses that have come in that have asked and it's not approved right now?

I wouldn't anticipate that. No, I think the the overall um approval from the zoning standpoint fits and allows us to uh you know run our business fairly well. this would be the one that that we like I mentioned we have added it in a number of different locations and we find it to be acceptable complimentary use and so uh no we don't anticipate any other you know various requests or or petitions uh after this and everything else will fall within the current zoning approvals do you have a date that you're ready to move forward we're tenants or do you Yeah,

yeah, we have tenants who are interested now. Um, obviously it's going to take us a little time to finish construction and so that the construction is uh just getting ready to get going. Um, and we're we're hoping to get this approved so that we can adjust plans accordingly uh in order for us to to construct this and get it done hopefully by end of spring, early summer next year. And Paul, I I think I was going down the same road as you are with respect to criterion 4 and the the unnecessary hardship. Um, boy, the the explanation in here is weak. At the same time, they I think they're just asking for a little bit more flex in there. What I'm calling flex space. It's definitely reaching, but I could be appreciated to reach a little on that. Yeah, it's not it's not a huge ask.

This is a when when this first came to us, [clears throat] it was presented to us as a a unique project providing something that isn't available elsewhere. And you know, it it's it's the stepping stone between people who are just doing working for someone else and wanting to go on their own versus getting a big commercial space. And I was I loved that idea because I like it. It's very entrepreneurial. It's it makes it puts some having your own business financially within the reach that you might not otherwise be able to do. and beauty and wellness services are absolutely in that category of people who've been working for a salon for years want to go out on their own. Same [clears throat] with massage therapists and stuff. And I to me this this feels especially with it being limited to one building and it being away from the larger more industrial mechanical type of stuff and with it being right off Ronald Reagan so customers are not having to drive through the rest of the property. They're able to turn in and park. I I really like this.

Yeah. where I was going when I first looked at this is like typically [snorts] it's the or what I've seen is I want something different than what I came to before when I presented this because [clears throat] of whatever factors I just want or demand but this is really another service and I don't disagree I agree with the discussion here it's a service that's in demand it just doesn't meet our zoning and and we just there and there there is no zone I mean we're kind of in a um no not a no man's land but we're new territory when it comes to zoning for this particular type of type of uh project.

Yeah. I mean if the if a business took off and they say well now we'd like the entire building to be a salon. Is that something that you accommodate that or is like now it's time to move on and okay our business model is focused on those smaller spaces like the size of our warehouses for example around 300 to four 4ish thousand square feet 300 is where self storage stops right we fill and there's a lot of spaces that are getting into small bay industrial it's 5 10,000 square feet so we fit this nich that's right in between there that's very underserved in the market And we are laser focused on that.

You use the word on you use the word incubator and maybe we need to have a zoning that is entrepreneurial incubator [laughter] because that's [clears throat] that's really what this is and you know commercial and industrials kind of sort of fits but but um yeah I I I like this and I I would vote to approve this. We would love that. [laughter] We have this conversation often live area and so the flexibility here yes would be great.

No, I love the concept. I love what you've done with it is something that we've needed. I think the co-space is the co-working space is wonderful. Um, and yeah, if you've already got, you know, the accountants and and guys like that already in there, again, it's uh the explanation is reaching, but like I said, I'm I'm I'm willing to reach a little bit on this one.

Yes, sir.

Yeah. You know, I'm really skeptical about unnecessary hardship. You know, you've heard me talk about it before and but I I think I think staff hit this nail right on the head as I read it. Um, and [clears throat] I think it goes to what Katherine was talking about is that if you had an entrepreneurial flex incubator zoning district that you could have, you know, put a different color on this zoning map that that is really when you heard the reason that's that's what you would have done. We just didn't have that. And so now it fits into it fits in this crack, you know. But um I thought I thought Paul did a really good job of explaining um criteria four and and saying well you know the there are a lot more intense uses that could be in there

and and and we're okay with that. uh there are less intensive uses like offices and um and what I do think like back-end retail you know where they assemble things or they package things or whatever and so that they don't have to have as big of a store you know in a retail setting but that's that's a little more active in their deliveries and in and out so uh but I thought you know again being a skeptic of when someone says there's unnecessary hardship um I really thought I really agree with the logic and the rationale. It's because we don't have uh the zoning district for these types of projects. So, we just put the round peg where it fit closely close as we could. So, this is a in that way a really perfect case for use variances and I'm not very fond of them, but this is to me exactly. I I think your discussion is is right there. Just thought I would have

[clears throat] Do anybody else have anything? [snorts] If not, we'll entertain a motion. I move that we approve VU 25508 Rise Avon personal services a variance of use to allow wellness and beauty services within one proposed building which is not a permitted use in I2 because it will meet all the requirements for a variance of use under state law subject to the adopted findings of fact and subject to the condition listed in the staff report. We have a motion by Mrs. Ransburg. [clears throat] Is there a second? I'll second.

Second by Mrs. Tashler. Any discussion? Roll call vote, please. Gener Turner four. Thank you. Next item is other business. Do we have any other business for tonight? We do not. We've already we've already approved our calendar for 2026. Correct. That was a couple months back. Okay. So, your next hearing will be on uh January 20th. Wonderful. And if there's nothing else for the good of the cause, we are adjourned. Thank you.