Agenda Item: 9(a)
Prepared By: Joshua G. Ooyman, Planner II
Business: Resolution
Department: Community Affairs/Growth Management
Subject:
Title
RESOLUTION - Continued from April 3, 2026 - 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
Body
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.
PLANNING SUMMARY APRIL 3, 2026
After discussion, Planning Board continued this item to give the applicant time to obtain a letter from the adjacent property owner, The Jewish Congregaion of Marco Island. Attached is the requested letter and additional documentation from the applicant.
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 pr...
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