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Board of Adjustment approves 73-foot spacing variance for medical marijuana dispensary at 5808 S. Peoria
Summary
The Tulsa Board of Adjustment granted a variance reducing the required 1,000-foot spacing between medical marijuana dispensaries by 73 feet for a dispensary proposed at 5808 S. Peoria, with the board finding administrative processing confusion created an unusual hardship.
The Tulsa Board of Adjustment approved a variance March 25 to reduce the citys 1,000-foot spacing requirement between medical marijuana dispensaries, allowing a new dispensary at 5808 South Peoria Avenue to locate 926.9 feet from a previously permitted site.
Board action followed a presentation by the applicant, who said a neighboring permitted dispensary has been dormant and that administrative and jurisdictional confusion among regulators and property owners delayed final approvals. "We've just been kind of finger pointing for about six months now," the applicant said during the hearing.
The boards chair moved to approve the variance, arguing the application presented a narrow relief (73 feet) and that the citys spacing ordinances intent would not be frustrated. Board member Wallace said the ordinances purpose appears to be met and that the requested reduction is modest. The motion passed with three votes in favor and one opposed.
Why it matters: The citys 1,000-foot spacing rule is intended to avoid concentrations of dispensaries; this variance allows one additional dispensary within that buffer in a commercial corridor. Board members emphasized the limited scope of the relief and that the neighboring permitted business is not currently operating.
Details and next steps: The approval is tied to the case materials presented (agenda packet pages noted during the meeting). Board members discussed but did not require an expiration date for the variance; the board noted prior variances and the propertys commercial context in voting.
Votes at the hearing were recorded on the motion to approve the variance. The applicant was instructed to follow standard permitting steps with the city building and permit offices.
