Pubdate: Fri, 15 Apr 2011
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2011 The Arizona Republic
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Edward Gately
Bookmark: http://mapinc.org/topic/Dispensaries

FOUNTAIN HILLS FACES MEDICAL-MARIJUANA CHALLENGE

A business consultant whose zoning-verification request for a 
medical-marijuana dispensary was denied by Fountain Hills is 
threatening legal action to challenge the "reasonableness" of its 
zoning restrictions.

Ingrid Jolya, a member/manager of Phoenix-based ETD Systems, 
submitted an application for two suites in the strip center at 17005 
E. Colony Drive.

Only one medical-marijuana dispensary will be allowed within the 
town, and that would be in a commercial-zoning district that includes 
the area along Colony Drive off Saguaro Boulevard.

Jolya's application, along with two others, were denied by Bob 
Rodgers, the town's senior planner, because the locations are too 
close to North Chapel Community Bible Church, at 16929 E. Enterprise Drive.

Jolya submitted the application on behalf of an Arizona-based 
business group that includes one physician. She would not identify her clients.

Rodgers has verified that one application, submitted by Chandler 
resident Josh Levine, meets all town zoning requirements. Levine's 
medical-marijuana dispensary would be at 16935 E. Colony Drive, at 
Panorama Drive.

Attorney Jeffrey Kaufman was retained to represent ETD Systems and 
has sent a letter to Town Attorney Andrew McGuire asking the town to 
reconsider its denial of Jolya and others' applications.

"If they knew that (the church) was there, the church has been in 
there the last several months, then why would they allocate that area 
for dispensaries?" Jolya said. "Why would you put it there knowing 
there was no place to go? It's the only area, it's not like Phoenix 
with multiple sites."

The town believes it has adopted reasonable zoning regulations, McGuire said.

"There have been three denied and one has been issued, so clearly 
it's not impossible," he said. "There are other applicants still 
actively working to get approval who may be approved. We'll know as 
soon as their processes are done."

In the letter, Kaufman said 16929 E. Enterprise is a "commercial, 
multi-purpose office building in which North Chapel apparently 
maintains administrative offices." The office building houses several 
businesses, he said.

Jolya and Kaufman maintain that the location is not a church because 
North Chapel holds its services at another location.

"North Chapel is but one of many tenants in the commercial office 
building," he said in the letter. "Church services are not held in 
the administrative office, but are held at nearby Messinger Mortuary."

Marlo Hardy, manager of Messinger Fountain Hills Mortuary, at 12065 
N. Saguaro Boulevard, confirmed that North Chapel uses that facility 
for its Sunday worship services.

Dan Scruggs, pastor of North Chapel, said numerous church functions, 
including Bible studies and worship services, take place Monday 
through Saturday at the Enterprise Drive location. He also said the 
church encompasses most of the office building.

"There's more here for our congregation than for our administration," he said.

The zoning ordinance states the suitable distance for a dispensary is 
500 feet from a "place of worship," McGuire said.

The ordinance is so restrictive that there are only two possible 
locations for a medical-marijuana dispensary, a public storage area 
and a vacant lot, Jolya said.

"The voters said that they wanted this, it's in place and this is the 
way they're (town) able to exclude them," she said.

The Town Council should have known that applications would be denied 
based on the contention that an office building leased by a church 
for administrative purposes, and located in the middle of designated 
area, is considered a church, Kaufman said.

Kaufman's letter asks for a response within 10 days.

Jolya said her clients already have pinpointed a location in Phoenix 
for a medical-marijuana dispensary and are looking at a location in Sedona.

"They're actually, at this point, deciding whether they want to 
continue in Fountain Hills," she said.
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MAP posted-by: Jay Bergstrom