L16, 17 B1 BMBC Tattoo Parlor Temp Use RODn
PLANNING AND ZONING COMMISSION FINDINGS OF FACT ,von
AND RECORD OF DECISION `°`°"k°O
DATE OF PUBLIC HEARING: February 6, 2024
TYPE OF APPLICATIONS: Temporary Use Permit
PROPERTY LOCATION: 331 Metcalf Road
FILE NUMBER: TMP23001
APPLICANT: Jeff Maus
This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1)
PZC DECISION ON #TMP23001: Approval With Conditions
FINDINGS:
TMP24001: TEMPORARY USE PERMIT
1. The temporary use shall comply with all applicable general and specific regulations of this
Section, other Town ordinances, and state and federal law unless otherwise expressly stated;
2. The applicant has demonstrated that they possess the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
3. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and
fire protection, roads and transportation, as applicable) are available to serve the proposed
temporary use;
4. The temporary use or structure shall not cause unreasonable negative impacts to properties,
residents, business or public uses in the vicinity;
5. The temporary use is not of a nature that will become impractical to cease or remove over
time, much like other uses within the existing building;
6. Guarantees for restoration are not relevant to this Permit;
7. All signage associated with the temporary use shall be properly permitted pursuant to Chapter
15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs
first;
8. The temporary use or structure shall not violate any applicable conditions of approval that
apply to the principal use on the site;
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits;
10. The temporary use shall not disturb exterior factors such as floodplains, etc. as all services are
within an existing structure;
11. Tents and other temporary structures are not applicable to this use;
12. Off-street parking is adequate to accommodate the proposed temporary use as this is a
limited, "appointment -only" type of use.
PZC Record of Decision: TMP23001
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services;
14. The size, nature or location of the temporary use is not reasonably likely to cause any clear
and present danger of injury to persons and property;
15. This is the only Temporary Use Permit for this property and for this use;
16. The location of the temporary use is within an existing structure and will not substantially
interfere with any construction or maintenance work scheduled to take place upon Town
streets; and
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby
properties.
GENERAL CRITERIA FINDINGS:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020
of the Development Code, and has been applied for by a qualified lessee as is permitted;
2. The development application provides sufficient information to allow the reviewing
authority/PZC to determine that the development applications comply with the relevant review
criteria;
3. The development application complies with the goals and policies of the Avon Comprehensive
Plan; and
4. There is no extra demand for public services or infrastructure exceeding current capacity and
no mitigation is required for this use.
CONDITIONS:
1. The approval is valid until February 6, 2027, and shall run concurrent with the underlying lease for
this business owner. If this business ceases operations prior to the expiration of this Permit, this
Permit shall also terminate accordingly.
2. The Applicant shall obtain and maintain a Business License in good standing with the Town of
Avon for the duration of the Temporary Use Permit.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY: ' DATE:
P CUlpers
PZC Record of Decision: TMP23001