Pubdate: Tue, 04 Jun 2013
Source: Ahwatukee Foothills News (AZ)
Copyright: 2013 Ahwatukee Foothills News
Contact:  http://www.ahwatukee.com/
Details: http://www.mapinc.org/media/1337
Author: Allison Hurtado

MEDICAL MARIJUANA DISPENSARY DENIED BY CITY ZONING OFFICER

A zoning administrator for the city of Phoenix has denied a zoning
variance for a medical marijuana dispensary to go into a location in
Ahwatukee Foothills.

Peter Valenzuela, chief executive officer of the Genesis Group Public
Affairs, who is representing the owners of Nature's Healing Center,
said they will be appealing the decision to the Board of Adjustment.
If they are successful there, that decision will trump the zoning
administrator's decision. If they are unsuccessful, the case will be
appealed to superior court.

It's unknown when the case might go before the Board of Adjustment.

Nature's Healing Center was attempting to get a variance to go into a
location at 4902 E. Warner Road, which is within 1,320 feet of Child
Time Day Care and within 250 feet of a residentially-zoned
area.aE(c)Valenzuela said after an exhaustive search of commercial
real estate in Ahwatukee Foothills the location at 48th Street and
Warner Road was the best they could find.

Hearing Officer Teresa Hillner said in her decision that the two
variances would not be granted for this site because there are no
special circumstances that apply to that particular building.

"There is nothing physically unique about this site," Hillner wrote.
"In fact, the applicant had a commercial real estate broker look for
other commercially-zoned properties within the Ahwatukee Community
Health Analysis Area (CHAA). According to his testimony and supplied
information, there are other sites within Ahwatukee that would not
require this variance. The only hardship shown by the applicant is
that other property owners are not willing to sign a lease."

During the zoning hearing several Ahwatukee residents expressed
concern about a dispensary going into Ahwatukee. Owner Mike Richards
assured those present that he would apply all possible security
measures to his dispensary to make the neighborhood feel
comfortable.

Also during the hearing an attorney who represents other medical
marijuana dispensaries, Craig O'Loughlin, said he feared a letter of
approval from Maricopa County included in Richards' application to the
state had been falsified -- since his clients had not been able to
receive an approval from the county when they applied.

Richards was able to produce that letter from the county, which was
signed on April 29, 2011 by Deputy Director Darren Gerald. A
spokesperson from the state Department of Health Services said
Richards would not have been granted a license for the Ahwatukee CHAA
if his application was not complete.
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MAP posted-by: Matt