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. - --- MAP posted-by: Jay Bergstrom