Title
A use-variance to allow the establishment of a Medical Marijuana Cultivation Facility use consisting of 2.4 acres located at 3758 Astrozon Blvd. (Quasi-Judicial)
Presenter:
Allison Stocker, Planner II, Planning and Neighborhood Services Department
Kevin Walker, Interim Planning Director, Planning and Neighborhood Services Department
Body
Summary:
Owner: Astrozone Plaza Investments LLC
Developer: N/A
Representative: Ryan Moore
Location: 3758 Astrozon Blvd
This application proposes to reestablish a Medical Marijuana Cultivation Facility in the same commercial center unit where one was previously operating for nearly ten years. This use lost its legally non-conforming status prior to completing the proper licensure procedures with the City Clerk’s office, and therefore must go through the use-variance process. The Applicant proposes no changes to the existing commercial center.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed application.
Review Criteria:
Below are the Use-Variance review criteria per Section 7.5.527:
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of uses in the same zone so that a denial of the Use Variance would result in undue property loss and not solely a mere inconvenience or financial disadvantage;
2. That the Use Variance is necessary for the preservation and enjoyment of a property right of the and if not approved, the property or structure cannot yield any beneficial use;
3. That the Use Variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements of other owners of property;
4. That the hardship is not the result of the applicant's own actions;
5. That because of these conditions, the application of the UDC prohibition on the requested use on the subject property would effectively prohibit or unreasonably restrict the use of the property; and
6. That the Use Variance is not being requested primarily to avoid the time or expense of complying with UDC standards generally applicable to similar properties and development.
Staff finds that the proposed application meets the review criteria.
Previous Council Action:
N/A.
Financial Implications:
N/A.
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted to recommend approval of the proposed use-variance to Council on September 11, 2024. This vote passed on a 7-2 vote, with Jen Cecil and Jack Briggs voting to recommend denial.
Recommended Action
Proposed Motions:
Approve the Use Variance to establish a Medical Marijuana Cultivation Facility based upon the findings that the request complies with the criteria as set forth in City Code Section 7.5.527.
Deny the Use Variance to establish a Medical Marijuana Cultivation Facility based upon the findings that the request does not comply with the criteria as set forth in City Code Section 7.5.527