Planning Commission Meeting
Regular Session
3 items Tue, May 7, 2024 at 7:00pm
∙ Agenda item 2 of 3
∙ Case: 811-24-000037-TYP3
Major Variance Request - 1853 2nd Street Marijuana Retailer
The applicant plans to establish a marijuana retailer at 1853 2nd Street, but the location is 940-feet from Hamlin Middle School, which is within the 1000-foot straight-line distance of separation as required in the Springfield Development Code (SDC) 4.7.177(B)(2). The major variance request aims to consider geographic and physical barriers between the proposed marijuana retailer location and Hamlin Middle School, as well as state law that supports the use being located within 1000-feet of a school.


Agenda Item Summary for Byrd Major Variance ( 0.15 MB )
ATT 1 - Application & Narrative ( 1.02 MB )
ATT 2 - Location Maps ( 0.94 MB )
ATT 3 - PC Final Order - Major Variance ( 0.14 MB )
ATT 3 EXHIBIT A - Staff Report and Findings ( 0.82 MB )
Byrd Major Variance Presentation ( 0.71 MB )
SDC 5.21.130 - Major Variance Criteria
Each decision maker will follow the criteria below when voting on this item.

5.21.130 Major Variances—Criteria.

Major Variances involve discretionary decision-making and apply to those Variances that are not Minor Variances as specified in SDC 5.21.125. The Approval Authority may approve or approve with conditions a Major Variance on finding that all of the following approval criteria are satisfied, otherwise the request will be denied:

(A)       An unusual condition exists that is unique to: a lot/parcel, building or structure; lot/parcel size, shape or topography; the location or size of physical improvements; or other similar circumstances not anticipated by this code but related to the property that would deprive the owner of rights commonly enjoyed by other property owners similarly situated in the same land use district;

(B)       The Variance shall not be inconsistent with the development standards of this code or of any applicable Refinement Plan diagram, Plan District map, Conceptual Development Plan or other applicable plans or studies;

(C)       The Variance shall have no significant adverse affects on other properties in the same land use district and/or vicinity, or the request can be conditioned so that there are no significant adverse affects;

(D)       The unusual condition described in subsection (A) above shall not arise from a previous code violation or rely only on loss of profit or financial need;

(E)       The Variance requested is the minimum necessary to alleviate the unusual condition. (6443)

Public Comments
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Online comments closed at 6:00 PM PDT 5/7/24.
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