CITY OF MINNEAPOLIS Tobacco Moratorium Waiver Applications May 23, 2019 1
Tob obacc cco M Mor oratoriu ium • As a response to an increase in tobacco products shops that resulted from the menthol tobacco sales restriction, the City Council adopted a moratorium on the creation of new tobacco products shops in August 2018 2
Ha Hardship • 595.50. Hardship. […] A waiver may be granted where the city council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. 3
82 825 N Nicolle let M Mall all – Lew ewis Pipe & & Tobac acco • Lewis Pipe & Tobacco has operated downtown for 50 years • Previously, the store was located at 527 Marquette Ave S in Rand Tower • The applicant was required by the building owner to relocate and has a new location at 825 Nicollet Mall in the Medical Arts Building 4
Waiver F Findings • Hardship Due to store relocation, business licensing requires a new tobacco • products shop license New tobacco licenses are restricted by the tobacco moratorium • Ther • • Affect on Planning Process The moratorium was created to prevent the proliferation of new • tobacco products shops The proposal to relocate an existing tobacco products shop • approximately three blocks away will not result in a net increase of tobacco shops nor will it result in a concentration of tobacco shops in vulnerable areas 5
Reco commendation The Department of Community Planning and Economic Development recommends that the City Council adopt staff findings for the application by Rich Lewis for the property located at 825 Nicollet Mall: A. Waiver of Restrictions of Interim Ordinance . Recommended motion: Approve the application for a waiver of the moratorium on the creation of new tobacco products shops to establish a new tobacco products shop at 825 Nicollet Mall. 6
44 th Av 1701 701 4 Ave N N – Webber ber M Mart/Bo Bodeg dega Smokes es Webber Mart is a • convenience store that was first opened in 2016 The applicant has indicated • that the menthol tobacco ordinance has had a severe impact on his profitability The applicant has proposed • to subdivide a small portion of the store to create a new tobacco products shop If the waiver were to be • approved, this project would also require a rezoning from C1 to C2 7
Waiver F Findings • Hardship The applicant has cited the inability to sell menthol tobacco as a • hardship to successful operation of the business Staff has not identified any characteristics of the submitted • hardship application that are not shared equally by all convenience store owners subject to the interim ordinance • Affect on Planning Process The moratorium was created to prevent the proliferation of new • tobacco products shops There will likely be a tobacco policy adopted before the tobacco • moratorium expires that will guide where new tobacco products shops can establish in the City of Minneapolis The proposal to establish a new tobacco shop before the adoption • of such policy may undermine the planning process 8
Reco commendation The Department of Community Planning and Economic Development recommends that the City Council adopt staff findings for the application by Kevin Aldwaik for the property located at 1701 44th Avenue N: A. Waiver of Restrictions of Interim Ordinance. Recommended motion: Deny the application for a waiver of the moratorium on the creation of new tobacco products shops to establish a new tobacco products shop at 1701 44th Avenue N. 9
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