Building now R1, discussion to shift to B1
KINGWOOD — Kingwood hopes to work out a way to follow its zoning ordinance and still allow a medical cannabis dispensary to proceed with its application to the state.
In February, Christine McDonald told city council she has applied for a state medical marijuana dispensary permit at 107B Pleasant Ave. The licenses are still under review statewide by the State Office of Medical Cannabis.
The location is half a building that Councilman Dick Shaffer said has been used by businesses for at least 30 years. In 2016, the building was sold. The business in 107B moved out.
Because no business has been in 107B for years, it lost its grandfather status and reverted to single-family residential zoning.
Council suggested McDonald request a variance from the BZA as a quicker fix than rezoning.
On March 9, the board said it didn’t have authority to spot zone and advised McDonald to go back to council and seek rezoning. The BZA would support that because of the adjacent businesses.
On March 19, the BZA and council met. BZA Chairman Joe Williams said it wanted to meet again with council after that “to achieve resolution,” but the meeting wasn’t set and the BZA heard nothing more until McDonald spoke to council on Oct. 13.
In October, council referred the matter back to the BZA. Councilman Mike Lipscomb asked why, if the zoning is so important, McDonald hadn’t gotten back to the city sooner?
After discussions Thursday, the BZA agreed that the city attorney will work with Simmerman on a letter to the state saying the process to adjust zoning is underway.
The BZA agreed informally that it will grant a “provisional” variance, with the understanding that council will rezone the property.
The BZA called the meeting Thursday to discuss the issue with city council. Recorder Bill Robertson and Council Members Karen Kurilko, Lipscomb and Shaffer attended.
The variance process takes about 30 days. That timeline concerns McDonald, Simmerman said, because she doesn’t know when the state will call to verify that zoning would allow a dispensary at that location.
So Simmerman requested a letter, saying a dispensary would be a permitted use at 107B, while the variance process continues.
Under Kingwood’s ordinance, getting a variance requires notifying neighbors of hte property, publishing the request and holding a public hearing before the BZA votes. The process takes 30 days.
Robertson said people should have a chance to comment on a proposed variance. He is hearing more people oppose the dispensary “in their backyards,” he said. Lipscomb noted the other half of the building contains a Hot Spot, so opposing a dispensary seems “picky.”
“I think the process needs to go through the proper procedures,” Robertson said.
BZA Member Randy Livengood agreed procedures have to be followed. Rezoning would take longer than a variance, L:ipscomb said.
Livengood said this is only the second time the board has been asked to grant a variance for R1 property to B1. “We felt it was very important that if the city needed more B1 property that the planning commission should meet and make those decisions and change the zoning.”
This building should have been rezoned since it was sold, “because it’s obviously a business,” Livengood said. “It should be zoned B1, it shouldn’t be a variance.”
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