The City of Tempe Board Adjustment met on October 30, 2024, at 6:00 p.m. to consider a variance request to reduce the separation requirement between a tobacco retailer and a public school from 1,320 feet to 250 feet. The request was made by XL Society, operating as a private cannabis club. After presentations from staff, public comments, and board deliberation, the variance was unanimously denied.
Good evening, everyone. Welcome to the City of Tempe Board Adjustment Meeting for October 30th, 2024. The time is now 6 p.m. The City of Tempe Board Adjustment is authorized by the Arizona revised statutes in the City of Tempe's zoning ordinance. Its function is to grant relief where any literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance variances and to hear appeals from any person or city official agreed by the decision of a person responsible for enforcement of the zoning ordinance, zoning administrator or hearing officer. The board has the city of Tempe City of Tempe community development staff summary reports on the item being considered at this meeting, and we'll use that report in our deliberations. We're going to start with a roll call. We'll start from my right. And then we have two members present by virtual president virtually. Michael McCash. Mary Foley. Somebody else virtually. Oh no, we have uh somebody else from City Journey map. We have map from the City Attorney's Office. I can't remember. I can't read my own handwriting. Uh during the hearing, uh applicants and interested citizens um your request is called, or if you wish to address the board, please make sure you fill out a citizen's request form. Uh the step up to microphone, state your name, city of resident. Um public you'll be given three minutes to speak, and I have one already. With that, we will turn to item number one, consideration of the meeting minutes from September 25th, 2024. We had a very long meeting in September. Uh quite a few different items. Do we have any discussion on the meeting minutes? Seeing none, do we have a vote? I move to approve. We have a motion. Second. We have a motion and a second. All those in favor of approving meeting minutes can find raising hands by saying that. Um then online, do we have to have two gays? We have two gays. Uh seven in favor, zero against minutes are approved. Next item. Request for a variance to reduce the use separation requirement between tobacco retailer and a public school from 1,320 feet to 250 feet by XL Society Corporated located at 35 East Broadway Road. The applicant is the Rose Law Group. The project planner is Chris Jasper. Do I have someone from the applicant? This is where you get to make your deal. Okay. Oh, that's okay. Um we were cited in February after we became well, we uh opened in the city of Tempe as a private nonprofit private members club, which is no use permit is required in the city of Tempe. The city has acknowledged that. Um there's a court ruling after we were cited for becoming a tobacco retailer saying we are not a tobacco retailer, we don't sell tobacco and don't allow tobacco on premise. Um we are here today because the city attempty um doesn't think the court ruling means anything and tells us we need to become a TACA retailer to continue to operate. Um I will read you the ruling. The defendant is a nonprofit private members club. The defendant operates to provide its members the opportunity to engage in social interactions and entertainment, including games and snacks. The defendant is open only to members and their guests, and only by imitation or referral from other members. The defendant is not a retailer. The defendant has no related, does not sell tobacco or use tobacco on the premise.