Title
Adoption of Findings for Denial of VR-17-0005 - Variance from OCMC 17.54.110.(C)(1), to locate a marijuana retail dispensary at 1015 Molalla Avenue, within 250 feet of a public park (Mountainview Cemetery).
Body
RECOMMENDED ACTION (Motion):
Adopt the revised findings for denial of VR-17-0005.
BACKGROUND:
On September 11, 2017, after reviewing all of the evidence in the record and considering all of the arguments made by the applicant, opposing and interested parties, the Oregon City Planning Commission voted 6-1 to tentatively deny the requested Variance request, and directed Staff to prepare revised findings for adoption at the subsequent meeting on September 25, 2017.
The proposed application would allow the Green Planet to occupy an existing restaurant tenant space on the Property for the use of a recreational marijuana retail business. The proposed use involves the retailing of usable marijuana, marijuana concentrates, marijuana-infused products, immature marijuana plants, accessory products, and administration. This application proposed a Major Variance from the requirement that such a marijuana retailer be located at least two hundred fifty (250) feet from the Cemetery. The Cemetery is considered a park and is approximately 89 feet from the Property. No exterior alterations are proposed to the exterior of the property with this application.
The Planning Commission found that applicant has not adequately demonstrated compliance with all of the approval criteria for approval of a variance under OCMC 17.60.030 - Variance-Grounds. The attached findings further reflect that Mountainview Cemetery is an area where children and families would reasonably be expected to congregate and that the 250-foot separation distance from the park should be maintained, and that the impact of the variance cannot be mitigated, based on substantial additional testimony and evidence placed in the record.
The attached findings formalize the Planning Commission's position...
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