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Agenda Item: 13(a) |
Prepared By: Joshua G. Ooyman, Planner II, Community Affairs/Growth Management |
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Business: Resolution |
Department: Community Affairs/Growth Management |
Subject:
Title
Resolution - Variance Petition (VP-26-000020) Request Regarding Distance Requirements for the Sale and Consumption of Alcohol Beverages for Property Located at 989 Winterberry Drive, Marco Island, FL 34145 - Joshua G. Ooyman, Planner II, Community Affairs/Growth Management
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PROJECT DESCRIPTION:
Mr. Kramer, on behalf of Donna DiPromessa, LLC, the Owner of the property at 989 Winterberry Drive, Marco Island (the “Subject Property”) submitted a variance petition to request that the City Council grant a variance to Section 4-32 of the City of Marco Island Code of Ordinances to allow for the sale and on-site consumption of alcoholic beverages within 500 feet of a place of worship. attached to the staff report are the application, plans, and justification narrative to the criteria used for reviewing a variance pursuant to Section 4-36.
SUMMARY OF PLANNING BOARD MEETING AND RECOMMENDATION:
The City of Marco Island Planning Board held a public hearing and considered this request at their April 3rd and May 1, 2026 meetings.
April 3, 2026 Planning Board Meeting Summary:
The Planning Board discussed how the sale and on-site consumption of alcoholic beverages was not presented to the Planning Board during the site development plan approval at the Planning Board’s January, 2025 meeting. In addition, the Planning Board discussed the intent of the 500 feet separation requirement, how the sale of alcoholic beverages occurs at nearby properties, if the Jewish Congregation of Marco Island had provided comment to the variance request, and if the variance could be conditioned. Minutes from the meeting are provided. A motion was made and seconded to approve the variance; however, that motion was withdrawn, and a motion to continue the application to the May 1, 2026 Planning Board meeting was made and passed in order to allow for the Jewish Congregation of Marco Island to provide comment to the variance request.
May 1, 2026 Planning Board Meeting Summary:
During the May 1, 2026 Planning Board meeting, there was discussion regarding the Jewish Congregation of Marco Island’s letter submitted to the City and Planning Board. Mr. Kramer presented a subsequent private agreement between the property owner and the Jewish Congregation of Marco Island prohibiting alcohol from being served during certain dates and times. A motion was made and seconded to recommend approval of the variance with the conditions below:
• After 6:30 pm on Friday evening services.
• On the two days of Rosh Hashana services.
• On the day of the Yom Kippur services.
• After 4 pm on the dates of the outdoor Hanukkah celebration.
Minutes of the meeting are provided. After discussion, the Planning Board made a motion to approve the variance as requested. The motion failed 4-3. Based on that motion, the Planning Board is forwarding a recommendation that the City Council not approve the variance petition.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: 15 days prior to City Council meeting.
NOTICE APPEARANCE DATE(S): May 14, 2026
RECOMMENDATION:
STAFF RECOMMENDATION:
Staff recommend the Planning Board forward their recommendation of approval to the City Council with the findings below:
Findings of Approval:
(1) The separation requirement is measured as the shortest distance between the two lots, which is 30 feet. However, the structure-to-structure separation is approximately 160 feet and separated by the Muspa Way alleyway.
(2) As stated above, there is an alleyway and proposed landscape buffering between the site and the place of worship.
(3) It is reasonable to expect that most, if not all, religious services are conducted indoors and not subject to noise and light disturbance produced by the subject business.
(4) Alcoholic beverages will be sold in conjunction with food at the proposed café.
Condition:
(1) The Owner shall install a 10-foot-wide landscape buffer along the property line between the site and the Jewish Center Property.
POTENTIAL MOTION:
As deemed appropriate.