Pubdate: Tue, 22 Jun 2010
Source: Denver Daily News (CO)
Copyright: 2010 Denver Daily News
Contact:  http://www.thedenverdailynews.com
Details: http://www.mapinc.org/media/4274
Author: Peter Marcus

ZONING ISSUE GETS STICKY

Council Introduces Bill To Prevent Zoning Loophole That  Could Allow
Dispensaries In Residential Areas

The Denver City Council yesterday introduced a bill  aimed at closing
a new zoning code loophole that could  allow medical marijuana
dispensaries in residential  areas.

The amendment aims at clearing up the city's new zoning  code as it
applies to the city's medical marijuana  ordinance so that
dispensaries banned under the city's  old zoning code in residential
areas can't open under  the city's new code if the zoning changes to
non-residential.

The special afternoon meeting yesterday included a  public hearing on
the new zoning code, which Council  members began debating on final
reading yesterday.  During the hearing, one local dispensary owner
accused  the Council of targeting his medical marijuana center
specifically with the amendment that would prohibit  dispensaries from
opening in areas of the city  previously zoned residential.

Altitude Organic Medicine in the Highlands is  experiencing this
problem from the front line. After  opening in November 2009, AOM will
likely have to shut  its doors because of a combination of rules set
under  the city's medical marijuana ordinance, the old zoning  code,
and the amendment introduced yesterday. The  Council must still give
the amendment final approval,  but that is likely to happen next week.

Brian Cook, owner of the successful 900-patient  Altitude Organic
Medicine dispensary at 1716 Boulder  St., opened his doors at the
location based on the  advice of counsel. Advisers informed him that
the area  was zoned R-MU-30, making it a residential mixed-use  zone,
which attorneys believed made the area eligible  for a dispensary
because of its mixed-use status.

City officials, however, disagreed, and in March denied  Altitude
Organic Medicine a dispensary license because  they believed the area
was zoned as a "primary  residential zone district." Cook and his
supporters  believed the area was zoned mixed, and therefore also
"encourages consumer retail."

All this confusion could have changed for Cook and his  supporters
with the adoption of the new zoning code.  The new code zones Cook's
area as a commercial  mixed-use zone, where his dispensary would have
been  eligible to operate.

Forced to close?

But by moving forward with the amendment, City Council  is prohibiting
Cook from enjoying the new zoning status  that would have allowed him
to keep his dispensary open  and obtain a dispensary license. City
officials have  already denied the license once, and therefore Cook
will most likely have to close his doors to his 900  patients.
Ordinance prohibits people who have been  denied a license the ability
to reapply for a  dispensary license in another location of the city.

Also, a statewide moratorium on all new dispensaries  takes effect
July 1st, so Cook would only have a week  to make his move --
something that is completely  unrealistic in the business world.

The amendment introduced by Council yesterday also  brings the city
into compliance with the statewide  moratorium. City officials will
not be collecting  dispensary permits for one year beginning July 1st.

Cook simply doesn't understand why city officials are  targeting him
and his business. He points out that  another dispensary is in the
process of opening just  700 feet away from his current dispensary in
the  Highlands. He says if the city approves that permit,  then it
will prove hypocrisy. He says the city should  at least offer a
grandfather clause, such as how it  grandfathered in dispensaries
located near schools and  other dispensaries.

Cook also points out that the city refuses to pick up  his trash for
free because it says he is located in a  business zone. Denver offers
free trash removal to  residents, but not to businesses in the area.

"Which is it, Denver?" asks Cook. "Are we a business or  a
residence"

"It targets us in a legal use commercial zone and says  we can't
operate here," Cook continued. "It's really  just unbelievable."

Cook owed 'just compensation'?

The dispensary owner believes the city owes him what is  known as
"just compensation" for forcing him out of  business. In the meantime,
Cook is going to meet with  attorneys and city officials to try and
work out an  agreement. He may have his attorneys file an injunction
and lawsuit to try and stop the closure.

"It is not fair, nor legal in any way we read it," said  Cook. "It's
just mind-boggling the resistance we've  encountered. We're legal, we
have 900 patients, we've  done everything legally, I've done
everything as  hard-working as possible, put everything in this -- we
can't sell, we have to lose everything." 
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MAP posted-by: Jo-D