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." - --- MAP posted-by: Jo-D