Pubdate: Wed, 15 Jan 2014
Source: Tri-City News (Port Coquitlam, CN BC)
Copyright: 2014 Tri-City News
Contact: http://drugsense.org/url/3X3xlf9Y
Website: http://www.tricitynews.com/
Details: http://www.mapinc.org/media/1239
Author: Janis Warren

NO PERMIT FOR GROW OP OUTSIDE COQ. SPECIAL ZONE

Growers Can't Find A Site, Says Lawyer

The owner of a Coquitlam industrial site has ordered her tenants to
stop growing medical marijuana.

On Monday, council unanimously turned down Melanie Balletta's request
for a temporary use permit at 970 Adair Ave. as the Maillardville
property isn't in the city's special M3 zone to grow pot.

Balletta, who has owned the land since 2002, told The Tri-City News
Tuesday she leased the space to the designated growers in 2012, five
months before council adopted the special M3 zone for growers.

City officials have been in discussion with Balletta about the
non-conforming use for about a year and suggested she apply for the
permit, which would expire March 31 when federal rules for growers
change.

At Monday's council-in-committee, the tenants' lawyer John Conroy - an
Abbotsford lawyer involved in a national class-action suit against
Health Canada that is seeking to have changes to the new medical
marijuana laws declared unconstitutional - said the grow op meets
electrical standards and is safe.

He also said his clients have tried to find space in the M3 zone to
grow for their four patients but nothing is available. The city has
five properties in the special M3 zone, all away from residences.

Conroy told council-in-committee the growers were wrong for not taking
out a city business licence and they are prepared to pay any municipal
fines. Conroy also said the growers want to avoid litigation.

On Monday night, council made no comment as it denied the permit
application. A city spokesperson said the site will be checked later
this week for compliance. "If our inspectors find the property to
still be used contrary to any city bylaws, then tickets may be
issued," she wrote in an email to The News.

Balletta said she's now looking for new tenants who will fit the M1
zone.  
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MAP posted-by: Jo-D