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BZA grants smoke-shop variance on findings that tenant relied on prior representations
Summary
A use variance was approved to permit a smoke/tobacco shop at 1401 Veterans Parkway Court (Suite 200) after the applicant—represented by attorney Patrick Grooney—said the tenant entered a lease and obtained permits believing the use was allowed; staff noted other similar variances exist in the corridor.
The Board of Zoning Appeals approved a use variance May 27 allowing a smoke/tobacco shop to operate in Suite 200 at 1401 Veterans Parkway Court, concluding the applicant presented facts supporting the required findings of fact.
Attorney Patrick Grooney told the board his client had entered a lease and pursued sign and licensing permits before learning that the Veterans Parkway Corridor Zone does not list smoke shops as an allowed use. Grooney argued that reliance on representations by brokers, the landlord, or city staff created a hardship and justified a variance; he also said the tenant met state licensing requirements and distancing rules from schools or churches.
Staff noted two similar uses already exist in the corridor—one grandfathered and another that received a use variance in 2024—and stressed that the VPCZ use table does not list smoke or vape shops. A board member moved to approve the variance on the basis that the applicant reasonably relied on prior information and would face economic hardship under the lease; the motion carried by voice vote.
