Superior denies rezoning appeal of old Land Rover site, likely prompting litigation
Superior’s Board of Adjustments voted Monday to uphold a December vote to rezone the town’s former Land Rover property, denying an appeal by the site’s owner that leaves the used car dealership that recently took over the parcel out of compliance with town code.
Last month’s vote followed the rediscovery of a 20-year-old deal with Land Rover that granted the car company special privilege to occupy the parcel at 1500 Coalton Road. Once the company left in July, according to the deal’s specifics, the property reverted to an original zoning that prohibited other automobile business uses.
The board’s December decision restored community activity center zoning, “consistent with the terms of the 1998 rezoning approval and associated use agreement,” a staff report reads. Following the board’s decision, staff notified the property owner the used automobile dealership operating on the property was prohibited and must cease use for that purpose by Jan. 15, according to the staff report.
The property owner, Centennial Venture, appealed the decision Monday, suggesting the used car dealership was a “legal nonconforming use.” Bill Kyriagis, an attorney with Otten Johnson Robinson Neff and Ragonetti PC representing Centennial, said Monday that the property owner has no plans to shutter the current business, likely setting the stage for a legal battle with the town.
That proposal will have to go through the normal planning channels, according to town officials. In the meantime, multiple avenues exist for the town to fight the used car dealership remaining in operation at the site.
Among them, according to town attorney Kendra Carberry, would be some code enforcement available in its municipal court and injunctive relieve in district court.