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Agenda Item: 10(a) |
Prepared By: Joshua G. Ooyman, Planner II |
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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 has submitted 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. Please find attached the application, plans, and justification narrative to the criteria used for reviewing a variance pursuant to Section 4-36.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: 15 days prior to Planning Board hearing.
NOTICE APPEARANCE DATE(S): March 16, 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:
Move to approve Resolution 26-XX with the listed findings and condition of approval and forward a recommendation for approval to City Council