08 June 2017

MMJ Here in Mesa: Appeal of Board of Adjustment Hearing Continuance Goes To City Council

ADJ 17063 BA17-032 1842 W. Broadway Road and 1911 W. Broadway Road (District 3) Consider an appeal of a Zoning Administrator interpretation regarding the proximity of two medical marijuana dispensaries. 
The Zoning Administrator’s interpretation is that the two medical marijuana dispensaries were registered as approved locations on the same day, and for this reason both locations are considered legal but non-conforming uses. 
The applicant is appealing this interpretation. (PLN2017-00188)
Staff Planner: John Wesley
Staff Recommendation: Continuance to July 12, 2017

CONTINUANCE MEMO
Source: Council, Board and Committee Research Center

Board of Adjustment Staff Report 
CASE NUMBER:     BA17- 032 (PLN2017-00188)

STAFF PLANNER:  John D. Wesley, AICP – Planning Director
CITY’S LEGAL COUNSEL:  Mesa City Attorney’s Office - Mary Grace McNear, Esq.; Charlotte McDermott, Esq.
LOCATION/ADDRESS:  1842 and 1911 W. Broadway
COUNCIL DISTRICT:   3
APPELLANT:   Nova Dispensary 
APPELLANT’S LEGAL COUNSEL:  Jeffrey Blilie, Esq., Bues Gilbert  

REQUEST:  An appeal of a Zoning Administrator interpretation of the separation requirements for medical marijuana dispensaries located at 1842 W. Broadway and 1911 W. Broadway.  
The appeal of the interpretation raises, as one of its issues, whether the City should have approved VHG because of the code required separation between dispensaries and churches. 

The separation requirement in the code is 1,200 feet and there is a church less than 1,000 feet from the VHG facility. 
A text amendment has been drafted by staff to remove this separation requirement for churches located in non-residential zoning districts. 
This ordinance modification has been recommended for approval by the Planning and Zoning Board and will be considered for action by the City Council on June 19.  If approved by the Council, this issue will become moot. 
For this reason, staff recommends continuance of this case to the July 12, 2017 Board meeting to allow Council to act on the proposed text amendment prior to consideration of this case.  The appellant has not objected to this continuance.

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BLOGGER NOTE ABOUT THIS NEW INDUSTRY HERE IN ARIZONA
Here's the web site for Arizona's Marijuana Industry. After attending an educational conference here in Mesa, perhaps a better term is Cannabis, the scientific name for the genus.
There are many new research studies about the beneficial uses of Cannabis in different forms: edible, extracts and oils. There is a cannabinoid system in the human body.
Here to the right is a mapping of the already existing medical marijuana dispensaries here in Arizona uploaded from the industry website https://azmarijuana.com/dispensaries/
 
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Welcome to the future home of Nova Dispensary, an Arizona Wellness Collective, Inc. Brand.
We are a Phoenix based non-profit seeking to provide Arizona medical marijuana patients with access to safe and reliable medications while giving back through community outreach and veteran oriented programs. 
Our website is currently under construction, we apologize for any inconvenience
Location Map > http://novammj.com/
Nova Dispensary. Do good. Be good.TM
Nova brings out the good in nature by providing the highest quality tested products for both new and experienced patients.

Quality Products Nova's commitment to quality extends far beyond state requirements. From flower, pre-rolls, edibles, extracts and more, we are committed to bringing you a superior selection of quality-tested products.
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Nova Dispensary (@novammj) | Twitter

https://twitter.com/novammj?lang=en
 
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Nova Dispensary | LinkedIn

https://www.linkedin.com/company/nova-dispensary
Learn about working at Nova Dispensary. Join LinkedIn today for free. See who you know at Nova Dispensary, leverage your professional network, and get hired 
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Board of Adjustment Document Links
 
On agenda: 6/7/2017
Title: BA17-032 1842 W. Broadway Road and 1911 W. Broadway Road (District 3) - Consider an appeal of a Zoning Administrator interpretation regarding the proximity of two medical marijuana dispensaries.  The Zoning Administrator’s interpretation is that the two medical marijuana dispensaries were registered as approved locations on the same day, and for this reason both locations are considered legal but non-conforming uses.  The applicant is appealing this interpretation. (PLN2017-00188) Staff Planner: John Wesley Staff Recommendation: Continuance to July 12, 2017
Attachments: 1. Continuance Memo, 2. Vicinity Map 


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