SPECIAL EXCEPTION APPLICATION

Transcription

1 A0l7-0^ i^ ZONE* For Office Use Only CRITICAL AREA: IDA j^lda _ RCA L^/ BMA: Yes No NO. OF SIGNS { SPECIAL EXCEPTION APPLICATION NOTE: This form can be downloaded to your computer and filled out utilizing Adobe Reader (or simiiar product). It can also be printed and filled out by hand. Applicant(s): Maryland Natural Treatment Solutions, LLC (Applicant must have a financial, contractual, or proprietary interest in the property) Property Address: 7123 East Furnace Branch Road, Su^w- -ti-l0\ _^Glen Burnie, MD Property Location: feet(e feet of frontage on the (N ) side of East Furnace Branch Road/ MD Rt. 270 [Enter Street Name) ) of (Nearest intersecting street) Gov. Ritchie Hwy/MD Rt. 2 (Enter Street Name ] 12-digit Tax Account Number _Tax District (5 ) Council District (9 Waterfront Lot: Y N / Corner Lot: Y N / Deed Title Reference 26937/295 Zoning District C3/OS Lot # N/A Tax Map 0010 Block/Grid 0001 Parcel 0164 Area _ (Acres ) Subdivision Name Hammerlee Estates Description of Special Exception Requested (Brief, detail fully in letter of explanation) To permit the sale of medical cannabis in a commercial zone. Please see the attached statement in support for further detail. The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest equal to or in excess of 10 percent of the property; that he or she is authorized to make this application; that the information shown on this application is correct; and that he or she will comply with allapplicable regulations ofanne Arundel County, Maryland. Applicant's SignatunQ--*^-"- Owner's Signature Print Name Samuel Dorf Print Name Bro West, LLC Mailing Address 7 St. Paul Street, Suite 820 City, State, Zip Baltimore, MD Work Phone c/o Steven D. Hyatt, Esq. Home Phone 200 Westgate Circle, Suite 500 Cell Phone Annapolis, MD (410) Mailing Address 717 Sonn& Drive City, State, Zip Annapolis, Maryland Work Phone c/ Steven D. Hyatt, Esq. Home Phone 200 Westgate Circle - Suite 500 CellPhone Annapolis, Maryland Address shyatt@hwlaw. com Address shyatt@hwlaw. com * * * Below For Office Use Only * * * Application accepted by Anne Arundel County Office of Planning and Zoning: O/ ^ ^///7_ DESCRIPTION SPECIAL EXCEPTION TO ALLOW A LICENSED PREMISES OF A LICENSED DISPENSARY OF MEDICAL CANNABIS AS DEFINED IN COMAR IN A C3-GENERAL COMMERCIAL DISTRICT

2 CASES FEE PAID DATE For Office Use Only ^0(7-o^^-V/ ^(^- 8/^t rl ItS!1.^! WEJCJ\ For Office Use Only ZONE C3/OS CRITICAL AREA: IDA ^ LDA BMA: Yes No NO. OF SIGNS_i RCA VARIANCE APPLICATION NOTE: This form can be downloaded to your computer and filled out utilizing Adobe Reader (or similar product). It can also be printed and filled out by hand. Applicant(s): Maryland Natural Treatment Solutions, LLC (Applicant must have a financial, contractual, or proprietary interest in the property) Property Address: 7123 East Furnace Branch Road, ^u i+c-^l 0\, Glen Bumie, MD Property Location: 105 feet of frontage on the (N ) side of East Furnace Branch Road [Enter Street Name ) 210 feet( E ) ofcnearest intersecting street) Gov. Ritchie Hwy/MD Rt. 2-0<?2J:'-7(<?60 (Enter Street Name ) 12-digit Tax Account Number Tax District (_5_ District,2 Waterfront Lot: YQ N0 Corner Lot: Y Q N 0 Deed Title Reference 26937/295 Zoning District C3/p6 Lot # _ Tax Map )D BlocVGrid Area _(Acres ) Subdivision Name Hammerless Estates Description of Proposed Project and Variance Requested (Brief, detail fully in letter of explanation) Operation ofa licensed medical cannabis dispensary andvarainceto Code (1) 1, 000 ftsetback from residentially zoned property. Please see attached statement in support for further details^ Parcel )^ The applicant hereby cenifies that he or she has a financial, contractual, or proprietary interest in the property; that he or she is authorized to make this application; that the information shown on this application is correct; and that he or she will comply with all applicable regulations offline Aruru^el County, Maryland. Applicant's Signature Owner's Signature Print Name Samuel Dorf Print Name Bro West, LLC Mailing Address 7 St. Paul Street, Suite 820 Mailing Address 717 Sonn^ Drive City, State, Zip Baltimore, MD City, State, Zip Annapolis, Maryland Work Phone c/o Steven D. Hyatt, Esq. Work Phone c/o Stevec D. Hyatt, Esq. Home Phone 200 Westgate Circle, Suite 500 Cell Phone Annapolis, MD HomePhone 200 Westgate Circle - Suite 500 CellPhone Annapolis, Maryland Addressshyatt@hwlaw.com Address shyatt@hwlaw. corn * * * Below For Office Use Only * * * Application accepted by Anne Arundel County Office of Planning and Zoning: KevUS/03/16 DESCRIPTION s& VARIANCE TO ALLOW A LICENSED PREMISES OF A LICENSED DISPENSARY OF MEDICAL CANNABIS AS DEFINED IN COMAR WITHIN 1,000 FEET OF A DWELLING 81^1 n_ Date

3 Special Exception & Variance - Statement In Support Licensed Premises of Licensed Dispensaries of Medical Cannabis East Furnace Branch Road, Glen Burnie - Maryland Natural Treatment Solutions, LLC Maryland Natural Treatment Solutions, LLC ("Applicant") proposes to operate a licensed medical cannabis dispensary ("Dispensary"), as defined in COMAR (B)(13), at 7123 East Furnace Branch Road, Glen Bumie, MD 21060, Tax Map 0010, Parcel 0164, Maryland Senatorial District 31 ("Premises"). The Premises, which is approximately acres, is zoned C-3 and OS. Licensed Premises of Licensed Dispensaries of Medical Cannabis are allowed in C-3 districts by special exception pursuant to Anne Amndel County Code, Article 18 ("Code"), (as amended by Bill No ). The Applicant will utilize a portion of the existing structure, which is approximately +- 5, 184 square feet, for the Dispensary operation. The interior of the Dispensary, and the day-to-day operation, will comply with all requirements set forth in COMAR and the Code. Code, sets forth the particular criteria for Licensed Premises of Licensed Dispensaries of Medical Cannabis, which are permitted by special exception. The Applicant requests a variance in regards to the 1, 000 foot setback, (1), as detailed below. A special exception with variances may be granted, as stated by the Maryland Court of Appeals in Dennis Alviani, et al. v. PhylUs Dixon, et al., 365 Md. 95, 775 A. 2d 1234 (2001), where the Code "does not exclude the section covering the relevant special exception from being modified by variances. " The applicable Code section for this application is not excluded from being modified by variances. The remaining provisions of the Code have been satisfied or will be met by operation. The special exception requirements for the Dispensary are as follows: (1) Premises located north of U. S. Route 50 or premises located north of the northeast shore of the South River may not be located within 1, 000 feet of a dwelling or residentially zoned property, the lot line of a public or private school, or the lot line of real property owned by the Board of Education. a. A variance is requested to Code, (1). The Premises is located approximately 768 feet, measuring from the Premises to property line, from residentially zoned property, 1020 Stewart Lane, Glen Bumie, MD 21060, which is split zoned between C2 and R5 ("Residential Property"). Thus, the Applicant is seeking a 232 foot variance from the 1,000 ft setback. The Premises and Residential Property are separated by the four lanes of traffic along East Furnace Branch Road/MD Rt. 270 and approximately six commercial businesses operating in the C4 zoning district. The physical Premises is located over 1,240 feet, by vehicular access, to the dwellings at the Residential Property. b. In accordance with Code, (a)(2), exceptional circumstances, other than financial considerations, warrant granting a variance to avoid practical difficulties or unnecessary hardship. The availability of property in District {HyattFiles/M10738/0001/ >

4 Special Exception & Variance - Statement In Support Licensed Premises of Licensed Dispensaries of Medical Cannabis East Furnace Branch Road, Glen Burnie - Maryland Natural Treatment Solutions, LLC 31 that complies with the Code, , and is not subject to the 1,000 foot setback of subsection (1) is extremely limited. c. The requested variance is (i) the minimum variance necessary to afford relief; and the granting of the variance will not (ii) alter the essential character of the neighborhood or district in which it is located, (iii) substantially impair the appropriate use or development of adjacent property; (iv) reduce forest cover in the limited development and resource conservation areas of the critical area; (v) be contrary to acceptable clearing and relating practices required for development in the critical area or a bog protection area; nor (vi) be detrimental to the public welfare. Code, (c)(l)-(2). (2) Vehicular Access shall be from an arterial or higher classifi cation road. Furnace Branch Road, Maryland Route 270, is classified as a Minor Arterial Roadway. (3) 'Wo loitering" signs shall be conspicuously posted in all parking areas. The Applicant will meet this requirement by operation. (4) The premises may not be located within one mile of any other licensed premises of a licensed dispensary of medical cannabis. No other such facilities exist within one mile of the Premises. (5) The premises may not have any displays of medical cannabis visible to its customers or the general public. The Applicant will meet this requirement by operation. (6) The premises may not have an on-site physician for the purpose of issuing written certifi cations for medical cannabis. The Applicant will meet this requirement by operation. The Applicant's proposal satisfies the general special exception criteria at Code, The Dispensary will not conflict with an existing or programmed public facility, public service, school, or road; will be no more objectionable with regard to noise, fumes, vibration, or light to nearby properties than other C-3 permitted uses; and will be compatible with the appropriate and orderly development of the area. (HyattFiles/M 10738/0001/ }

5 Special Exception & Variance - Statement In Support Licensed Premises of Licensed Dispensaries of Medical Cannabis East Furnace Branch Road, Glen Burnie - Maryland Natural Treatment Solutions, LLC The Dispensary will meet the public's need for a secure and efficient licensed medical cannabis dispensary and will in no way be detrimental to public health, safety, or welfare. The Dispensary will meet the need test set forth in Lucky Stores, Inc. v. Board of Appeals of Montgomery County (270 Md. 513, 312 A. 2d 758, 1973) in that it will be "expedient, reasonably convenient, and useful to the public." The Premises is partially located within the critical area. The Applicant simply plans to renovate the existing stmcture and utilize the existing parking lot as they sit today. There will be no disturbance of the critical area. {HyattFiles/M10738/0001/ }

6 p COPYRIGHT AOC THE MAP PEOPLE PERUm-ED USE NO viciniry MAP SCALE 1"=2,000' GENERAL NOTES APPLICANTNAME:SAM DORF THE ACCURACY OF DISTANCESIS 5't. DATEOF LATESTFIELDNOTES;07/12/17. A SfTEVISITWASCONDUC-TCDON 07/12/17AND A DILIGENTSEARCHWASMADE FORANY DWELLINGS OR RESIDENTIALLYZONEDPROPERPr',PueDC AND PRIVATESCHOOLS.AND PROPERTYOWNEDBY THE BOARDOF EDUCATION,NONEOF WHICHWERE IDENTIFIEDWITHIN1000FEETOF THE SUBJECT BUILDINGENTRANCE.DIMENSIONSSHOWINGTHE DISTANCEFROMTHE ENTRANCEOF THE SUBJECT BUILDINGTO THE NEARESTIDENTIFIEDSTRUCTURE OUTSIDEOF THE 1000 FOOTBUFFERARE IDENTIFIED. Lic«n*edpnnui>MnfBctuul dlspuiurim utiawwcallabft. udefincdincomlydt 0) PTCUUBCSniOTIhofMmyUutd Route 10 and etui of the SouthRiver ma» cot mtflin fan of» (hwlmag or nsiltecttiituy zonsi property, Ite ta liw of» pubuc or pnvi ttt die Id thie of real vfvpcstf vmvicd by the Bouil oi'educalion. (2) Vriiiculuaxeo sha!]hr fmm *nartbri*!or iiightfdasaifimtiaurattd (3) "Mnkiitcring"aiiits thajihi:<»iiipjcuou.\ly poned in ail parkingattiu (.() The ]ffi;miics mny ticcnsad dispensary of medical CS) T^t pronii& ma.y >lbt loalu 1 widiin one i niif of my other t hiiveuii-i; lispliytofmcdical cannatiu visi] havr an cua for the piupo tiiiii;mi;»)public. W Tbc prcmiws nuy LCrtiticaIicns far mcdicd uumabis. f??s ^. THE DISPENSARY EXHIBIT SHOWN HEREON AND THE WORK REFLECTEDWAS PREPAREDUNDER MY RESPONSIBLE CHARGE BayEngineeringInc RIVAROAD, BUILDING800 Annapolis, Maryland M0.897.g290 ( , 9205 fax info@bayengjneerinig.com f. beyer^inbsring. com DISPENSARY EXHIBIT MARYLAND PROFESSIONA1- LAND SURVEYOR REGISTRATION# EXPIRATION/RENEWALDATE: AUGUST 3, 2016 THE ACCURACYOF DISTANCESIS 5'± DATE OF LATESTFIELDNOTES: "^..^^ _GRAPHIC SCALE 200 1"=200' FURNACE BRANCH ROAD TAX MAP 10, GRID 1. PARCEL 164 GLEN BURNIE, MARYLAND SCALE: 1"= 200' JULY FIFTH DISTRICT - A. A. CO. MARYLAND