Dylan Mohammed, who identified himself as the owner of the parcel at 2019 Oxford State Road, said he bought the property believing it was operating as a car dealership and that the state issued a dealer’s license and inspection. "I got a certified dealer's license... the state came out, inspected it," Mohammed said. He told the board he is "more than willing to comply" after the city posted a notice of violation.

Staff told the board it found no record of a certificate of zoning compliance or a certificate of occupancy for automotive sales and leasing on the parcel and said a notice of violation was sent to a previous owner in February 2024. The planner read use-specific standards from the Middletown Development Code, including that "automotive sales and leasing must be located on lots no smaller than 4 acres in size with a minimum lot frontage of 200 feet," and that outdoor display and storage must be screened and meet other conditions.

John Roach, counsel for the city, told the board the law distinguishes nonconforming uses from use variances: "If a use is nonconforming and it ceases for 12 months, then it's no longer ... you can't reestablish it. But if a use variance is granted, that variance runs with the land." Roach also noted the board can impose conditions on any approval.

Board members probed enforcement and neighborhood impacts. One member said approving the variance for the whole parcel could allow a future owner to expand commercial operations; another urged limiting display to the front of the commercial building or requiring a fence to prevent rear expansion. A commissioner argued Oxford State Road is a thoroughfare and suggested the car lot would be "much more aesthetically pleasing" than the previous outdoor appliance storage on the site.

Mohammed said the business currently averages about "10 to 12" cars on site and can fit about "20." He said hours of operation are Wednesday–Saturday, 10 a.m.–6 p.m., and that no mechanical work is performed on-site.

Staff told the board that because the lot is smaller than the code’s lot-size standard for automotive sales, the applicant would also need to pursue a conditional-use application to meet use-specific standards. Staff recommended attaching conditions (screening, limits on outdoor speakers/hours, dealer license display, and a permanent principal structure among them) if the board were to approve a variance.

Near the end of deliberations a board member indicated support for treating the parcel as existing commercial and another board member stated, "I will second that motion." The transcript does not record the precise motion language or any subsequent vote.

Next steps were not recorded in the transcript; the hearing includes staff guidance that approval, if granted, should carry specific conditions and that conditional-use review will be required for the undersized lot.