Pubdate: Sun, 25 Jul 2010 Source: South Oakland Eccentric (MI) Copyright: 2010 Observer & Eccentric Newspapers Contact: http://www.hometownlife.com/contactus Website: http://www.hometownlife.com/section/NEWS20 Details: http://www.mapinc.org/media/5175 Author: Steve Kowalski, Eccentric Staff Writer Bookmark: http://www.mapinc.org/topic/Royal+Oak Bookmark: http://www.mapinc.org/states/mi/ Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana POT 'GROW ROOM' GETS AUGUST HEARING ROYAL OAK - On a night when a public hearing was set for a request to turn a vast and vacant industrial building into a "grow room" for registered medical marijuana caregivers, a city commissioner and a prospective tenant gave a preview of what will be heard. Mayor Jim Ellison had to remind City Commissioner Chuck Semchena and David Greene, vice president of First Commercial Realty & Development Co. Inc. in Southfield, to save the discussion for Aug. 9, the date unanimously agreed to by the City Commission at its July 12 public meeting. "If (Aug.) 9 works for you, prepare your presentation and the City Commission will decide where to go on it," Ellison told Greene and the petitioner, James Canner, the managing partner of AFKF, L.L.C., which owns the building at 2521 Torquay. "We're getting bogged down in details that will be presented (during the public hearing)." Ellison said the City Commission may vote at the public hearing to lift a 180-day medical marijuana moratorium, enacted in April, and let the petitioner proceed with the request for a certificate of occupancy. The City Commission approved the moratorium in April to further study the Planning Commission's recommendation that medical marijuana facilities be permitted as a special land use in the general business district. In May, about one month after the moratorium went into effect, Canner approached the city about turning half of the 23,000-square-foot vacant building into a medical marijuana facility for 20 to 25 caregivers to grow and collect in separate rooms. "You've asked to waive the moratorium and that's a very simple question for us," Ellison said. "Do we waive the moratorium or not? Argue your case and bring all the information you want." Prior to the vote to set the public hearing, Semchena and Greene debated over whether the building would qualify to grow and collect under the state law legalizing medical marijuana, approved by voters in November 2008. "I am not 100 percent sure, and not accepting at this point, the statement you're proposing is legal in the state," Semchena told Greene. "I have not seen anything that allows a grouping of caregivers under one roof. I haven't seen anything in state law that encompasses what you're proposing. "Federal law prohibits what you're proposing. Some attorneys say state law trumps federal law. It's something we need to address legally at the hearing." The vacant building is in an industrial zone at the southeast corner of Torquay and Delemere, a short walk from the Meijer shopping center, north of 14 Mile and east of Coolidge. Semchena said The proposed building is less than a half mile from the closest subdivision and Semchena suspects "a lot of residents will have interest in what's going in down the street." "If you follow the intent of the law, the caregiver is limited to five patients, then you can limit the scope," Greene said, answering Semchena. "What we're proposing is 20 to 25 growers, 100 to 125 patients serviced. Sixty-three percent (of Michigan voters) voted for this, 31,000 approved this law (in Royal Oak). We're suggesting a facility that will (provide medical marijuana for) less than one-half percent of 31,000." Canner would need to prove that there are no other possible uses for the facility and a rezoning would also be required before a certificate of occupancy could be granted, according to City Attorney David Gillam. "I'm subject to foreclose by financial institutions and desperately looking for a tenant," Canner said. "It's been vacant for a while." - --- MAP posted-by: Richard Lake