763 Atlantic Boulevard ZVAR20-0008 Packet (Curaleaf)-------------------------------------------------
FOR INTERNAL OFFICE USE ONLYVARIANCE APPLICATION
FILE # ________
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
City of Atlantic Beach
(P) 904-247-5800
APPLICANT INFORMATION
NAME Brian Plewinski EMAIL brian@ezpermitsinc.com
ADDRESS 4101 Ravenswood Road # 201 CITY Fort Lauderdale STATE FL ZIP CODE 33312
PROPERTY LOCATION 763 Atlantic Blvd PHONE # 954.583.9990 CELL # 786.200.2807
RE# 177653-0005 BLOCK# LOT #
LOT/PARCEL SIZE 21479 ZONING CODE CG Commercial General UTILITY PROVIDER
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Commercial (CM)
PROVISION FROM WHICH VARIANCE IS REQUESTED Sec. 24-169 distance from religious institution : Beaches Vineyard Church.
Please see attached No Objections Letter from Beaches Vineyard Church.
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
DYES I2J NO (if yes, this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning,
Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly
describe and depict the Variance that is requested.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not larger than
11 x17 inches are submitted. please provide eight (8) copies of any such documents.
5. Application fee of $300.00.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
BRIAN PLEWINSKI 04.07.2020 ~iGNATURE6F APPLICANT' PRINT OR TYPE NAME DATE
SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME DATE
Signed and sworn before me on this 3-frf1?t ~~ '7...D by State of 'fkday of-,-.l..1--=..:..=-________
B\'l,~~ e! -Ew 'cl~ County of ~V'J~
Id entification verified: ______________________________________________-,-_
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Oath Sworn: I}1Yes 0 No "-r~ -
,P, ..... , DOMfNIKSWABY ~-~.==::=::=~--~--------~ .W~ MY COM MISSION H GG5 1352 ~otary Signature , ~~~' EXPIRES: December [3 . 2020 \., ( I 1., ---.... >-,-~ y Com miss io n expires __-L---'7=--...!.--'=---____________-'---l--;>'-''-''' __19 VARIANCE APPLlCATION 07.08.2019
The following paragraph sets forth reasons for which a Variance may be approved, please check the
circumstances that apply to your request and briefly describe in the space provided.
19 VARIANCE APPLICATION 07.08.2019
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community
Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6)
months, beyond which time the Variance shall become null and void.
f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
1. Exceptional topographic conditions of or near the property.
2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
5. Irregular shape of the property warranting special consideration.
6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
Beaches Vineyard Church is located within 500 feet from the subject property.
Please see attached No Objections Letter from Beaches Vineyard Church.
Beaches Vineyard Church is located within 500 feet from the subject property.
Please see attached No Objections Letter from Beaches Vineyard Church.
ADDITIONAL COMMENTS:
19 VARIANCE APPLICATION 07.08.2019
This variance request does not have any materially adverse impact upon any of the following:
1. Light and air to adjacent properties.
2. Congestion of streets.
3. Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
4. Established property values.
5. The aesthetic environment of the community.
6. The natural environment of the community.
PUBLIC NOTICE
To whom it may concern,
Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map
below, that a Public Hearing regarding the case described in this notice will be held by the identified governing
body or bodies in Commission Chambers located at 800 Seminole Road on the provided date and time.
PROJECT Property Location Map
Item No: ZVAR20-0008
Address: 763 Atlantic Boulevard
Applicant: Brian Plewinski
PUBLIC HEARING(S)
Body: Community Development Board
Date June 16, 2020
Time: 6:00 PM
Request: Request for a variance to allow a medical marijuana treatment center dispensing facility
within five hundred (500) feet of a religious institution.
Summary: The applicant is requesting relief from the city’s regulation that requires medical marijuana
treatment center dispensing facilities to be more than 500 feet from a religious institution.
The proposed location is adjacent the property in which the Beaches Vineyard Church is
located.
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission
with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has
continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings
is made, which must include the testimony and evidence upon which the appeal is to be based.
All information related to the item(s) above is available for review on the city of Atlantic beach webpage under
Public Notices https://www.coab.us/960/Public-Notices.
Atlantic Blvd.
Interested parties may appear at the public hearing and be heard regarding the item(s). If you plan on appearing
and have written comments and/or pictures, please email everything 24 hours prior to the hearing. If you are not
able to attend the hearing, you can email your written comments to aaskew@coab.us 24 hours prior to the hearing.
The following measures will be taken to create a clean meeting environment and ensure social distancing:
1. Commission chambers will be cleaned and sanitized prior to the meeting.
2. Hand sanitizer will be available outside of chambers.
3. We ask that only people associated with each case come in when their case is called.
4. Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be
called. There is an outside speaker in the breezeway that will amplify the sound from chambers.
5. Audience chairs will be spaced 6 feet apart.
6. Masks will be required during the meeting.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with
disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office
at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C
CASE NO. ZVAR20-0008
Request for a variance to allow a medical marijuana treatment center
dispensing facility within five hundred (500) feet of a religious institution
LOCATION 763 Atlantic Boulevard
APPLICANT Brian Plewinski
DATE May 29, 2020
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is Brian Plewinski, the agent of record for 763 Atlantic Blvd. This property is located on
the northeast corner of Atlantic Blvd. and Royal Palms Dr., within the Commercial General (CG) zoning
district.
The existing building has been recently remodeled and the applicant is requesting a variance to 24-169 to
waive the distance requirement between this property and a religious institution for a medical marijuana
treatment center dispensing facility.
Per section 24-17 of the Land Development Regulations a medical marijuana treatment center dispensing
facility “means a facility licenses and
operated for the purpose of dispensing
medical marijuana, in accordance
with F.S. 381.986, and all other
applicable local and state rules,
regulations and statutes.”
This land use is a permitted use in the
CG zoning district subject to the
requirements of section 24-169. The
city determined that medical
marijuana treatment centers and
dispensing facilities are best suited to
particular zoning categories and
formulated regulations that govern the
use of real property.
Section 24-169 prohibits these uses
within five hundred (500) feet of
another pharmacy, schools and
religious institutions.
Page 2 of 3
This property is immediately adjacent to
a property with a religious institution
(Beaches Vineyard Church). They share
the same property line therefore, an
application for a variance has been
submitted. From the eastern most edge
of the building located at 763 Atlantic
Blvd to the front door of the Beaches
Vineyard Church is approximately 410
feet.
ANALYSIS
Section 24-65 states that “applications
for a variance shall be considered on a
case-by-case basis, and shall be
approved only upon findings of fact that
the application is consistent with the
definition of a variance and consistent
with the provisions of this section.”
According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this
chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be
either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation
of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section
24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic
Beach.”
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant stated that the Beaches Vineyard Church as no objections.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant stated that the Beaches Vineyard Church as no objections.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant also indicated that the “variance request does not have any materially adverse impact
upon any of the following:
1. Light and air to adjacent properties
2. Congestion of streets.
3. Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
4. Established property values.
5. The aesthetic environment of the community.
6. The natural environment of the community.”
REQUIRED ACTION
Page 3 of 3
The Community Development Board may consider a motion to approve ZVAR20-0008, request for a
variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a
religious institution upon finding this request is consistent with the definition of a variance, and in
accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in
Section 24-65(c) and as described below.
A variance may be granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR20-0008, request for a
variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a
religious institution upon finding this request is not consistent with the definition of a variance.
Request for a variance to allow a medical
marijuana treatment center dispensing facility
within five hundred (500) feet of a religious
institution
ZVAR20-0008
763 Atlantic Blvd.
Site Context and Details
Located on
the northeast
corner of
Atlantic Blvd.
and Royal
Palms Dr.
Zoned
Commercial
General (CG)
Medical marijuana treatment center dispensing facility (MMTCDF)
“means a facility licenses and operated for the purpose of
dispensing medical marijuana, in accordance with F.S. 381.986,
and all other applicable local and state rules, regulations and
statutes.”
Permitted land use in CG but subject to 24-169
24-169 requires MMTCDF are located 500 ft. away from another
pharmacy, school and/ore religious institution
763 Atlantic Blvd. is
immediately
adjacent to a
property with a
religious institution
(Beaches Vineyard
Church). They share
the same property
line therefore, an
application for a
variance has been
submitted. From
the eastern most
edge of the building
located at 763
Atlantic Blvd to the
front door of the
Beaches Vineyard
Church is
approximately 410
feet.
Shared prop. line
763 Atlantic Blvd.
Need for a Variance
763 Atlantic Blvd.
Beaches Vineyard Church
Approx. 410 ft from edge of 763 Atlantic Blvd to front door of church
Need for a Variance
Grounds for Decision
APPROVAL-existence of
one or more of the following
(Section 24-64 (c)DENIAL-
1.Exceptional topographic conditions of or
near the property.
2.Surrounding conditions or circumstances
impacting the property disparately from
nearby properties.
3.Exceptional circumstances preventing
the reasonable use of the property as
compared to other properties in the
area.
4.Onerous effect of regulations enacted
after platting or after development of
the property or after construction of
improvement upon the property.
5.Irregular shape of the property
warranting special consideration.
6.Substandard size of a lot of record
warranting a variance in order to provide
for the reasonable use of the property.
The CDB may consider a
denial upon finding that
none of the requirements in
24-65 (c) exist.
Vineyard Christian Fellowship of Jax Beach, Inc. Office: (904) 246-6707 Fax: (904) 246-6706 E-mail: staff@beachesvineyard.net Website: beachesvineyard.net
February 19, 2020
Dear Atlantic Beach Council Members,
As a life-long citizen of the Jacksonville area and Pastor of the Beaches Vineyard Church, I
want to voice the opinion that we do not oppose a medical marijuana or CBD use at
763 Atlantic Blvd. As a church located in the adjacent parcel of Atlantic Beach, we believe the
Landlord/Owner has the right to due what he deems appropriate with his property.
Sincerely,
Joe Vieira
445 Hopkins Street
Neptune Beach, FL 32266
904-502-6633