Pubdate: Wed, 05 Jan 2011
Source: Durango Herald, The (CO)
Copyright: 2011 The Durango Herald
Contact: http://durangoherald.com/write_the_editor/
Website: http://durangoherald.com/
Details: http://www.mapinc.org/media/866
Author: Heather Scofield
Bookmark: http://www.mapinc.org/find?277 (Cannabis - Medicinal -  Colorado)

RESIDENTIAL LOTS OK FOR MEDICAL POT

County Allows Growing Operations but Cautious Before State Approval

La Plata County commissioners cleared the way Tuesday for some 
residential and agricultural property owners to build or modify 
secondary structures on their properties for the purpose of growing 
medical marijuana.

The move was made against strong opposition from Commissioner Kellie 
Hotter, who wanted to forestall action until impending state 
regulations are in place.

"We have until July to sort things out," Hotter said. "I just think 
it wouldn't be prudent to allow commercial operations on residential 
properties right now."

Commissioners last month adopted a temporary land-use permitting 
process for medical marijuana operations. The codes cover issues 
including setbacks, operating hours and odors. Codes will sunset 
later this year when permanent state and county rules are adopted.

Tuesday's decision added provisions to allow residents to obtain 
permits for secondary structures for growing operations on 
residential lots that are 10 acres or larger. Permits also will be 
available to agricultural property owners.

The permissable size of the secondary structures is 5,000 square feet 
for agricultural lots and residential lots of 20 acres or more, and 
up to 1,500 square feet for residential lots of 10 to 20 acres. The 
code dictates that the main dwelling on the property must be lived 
in, and only one secondary structure for medical marijuana 
cultivation is allowed. The code establishes setbacks and a minimum 
distance between the primary and optional buildings

Because of state mandates designed to protect the privacy and 
security of medical marijuana growers, the county cannot put their 
permit requests through the typical neighborhood notification and 
compatibility processes.

"We are struggling because we can't do the normal compatibility 
analysis," said County Manager Shawn Nau.

And residential areas are where most neighborhood or property 
incompatibilities tend to occur, Nau said.

Hotter said she feared opening the door to larger-scale growing 
operations on residential properties could create regulation 
nightmares for area homeowners associations that hadn't considered 
marijuana production impacts when creating their bylaws.

It could also "pit neighbors against neighbors," Hotter said.

Commissioners Joelle Riddle and Wally White, however, said they felt 
the temporary nature of the regulations made now a good time to test 
the issue. If problems or concerns arise, commissioners can address 
them as needed or in the county's permanent medical marijuana 
regulations set to be drafted later this year, they said.

There are few commercial areas in the county for medical marijuana 
businesses to take their cultivation operations, and some large rural 
properties in the area could be ideal for keeping growing operations 
private and reducing neighborhood impacts, Riddle said.

The commissioners and county staff repeatedly warned entrepreneurs 
and members of the public of the risks with building or modifying 
structures amid the current state and local regulatory uncertainties.

"These regulations are temporary, and at this point it is a risky 
investment to start building a large facility," White said.
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MAP posted-by: Jay Bergstrom