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Clare Will Regulate Dispensaries!


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Michigan

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After a lengthy discussion and much confusion over the issue of medical marijuana distribution and growing facilities, the Clare City Planning Commission instructed City Attorney Jaynie Hoerauf to begin working on an ordinance regulating facilities in the city.

 

The Planning Commission met Wednesday evening to discuss that, vote on a proposed site plan for Coyne Oil Corporation, approve the Clare Municipal Airport ten-year-plan and hear an update on the Clare railroad Depot project.

 

Beginning the discussion of the medical marijuana issue, City Manager Ken Hibl told the board, "If you feel you are able to, you should instruct Jaynie to begin working on an ordinance."

 

Hoerauf told the board, "It is a confusing issue. The law was badly drafted. I've looked at ordinances from all over the State and they are all different. From what I've been hearing from you [the board], I think the Traverse City ordinance language will assist you."

 

Hoerauf stressed that the City cannot regulate growing and distributing by caregivers or patients - or a family group - in the city, but they can stipulate that the principal use of a property parcel be that it is a dwelling and prohibit any transfer of medical marijuana to any patient not living on the parcel.

 

Vice Chair Jan Winter said "My concern is, are we limiting patients that live in an apartment or cannot grow marijuana for their own use, are we limiting them unfairly?"

 

Agreement on that point led to the discussion about dispensaries, whether they should be prohibited in the city or regulated and limited to certain areas.

 

"You need to look at your Master Plan, and decide which locations are unacceptable and what is acceptable. Be very specific," said Hoerauf.

 

She continued, "I voted for the medical marijuana law. Patients needing it can grow it or, if they are too sick to grow their own, they have to find someone who can grow it for them. When that happens a dispensary is perfectly all right, but where it is located is important."

 

Hibl told the board, "You need to formulate a list for Jaynie." He added that like any new business, a dispensary would have to apply to the city for a permit. "We will know where they are," he said.

 

The board agreed on several criteria for dispensaries including limiting a facility to a commercial area; no home occupations; stipulating distances from schools, day cares, churches and limiting access to adults or stipulating that children under 18 must be accompanied by an adult to enter the premises; prohibiting a facility from the Downtown Development District; and prohibiting any sales of paraphernalia.

 

Next came the issue of grow facilities. Board member Ben Walters said, "I don't like the idea of putting a grow facility in the city."

 

Hoerauf said Traverse City's ordinance allows them in a Commercial - 2 [light industrial] district and prohibits any sales except for the transfer of plants.

 

Hibl said both types of facilities would have to apply for and be granted a zoning compliance certificate.

 

Hoerauf said she would begin working on a tentative ordinance for the boards review.

 

Meantime, the board approved a motion to request that the City Commission extend the moratorium on the issue for another 90 days.

 

Concerning the site plan submitted by Coyne Oil for property on the eastern edge of the city off the unused portion of Clarabella Road, the board voted 7-1 to approve with Jerry Forsberg voting no on the issue.

 

Coyne is planning to open a gas distribution point and office at the location which is just east of Benchley Brother's dealership.

 

During a Public Hearing on the site plan, adjacent property owner Paul Lapham said, "I am opposed to it, particularly if 30 feet of the 66 foot wide Clarabella Road there is abandoned." He continued, "36 feet would not be acceptable anywhere in the county for a road. It could affect access to other property."

 

Explaining the site plan for the project was Pet Lorenz of Lorenz Surveying and Engineering from Weidman. He said he would have to look at the site plan to see if it could be changed and not use the southern 30 feet of the roadway.

 

Board member Jerry Forsberg said, "We need to find out if this building would fit [on the property] without abandoning [part of] the road."

 

City Manager Ken Hibl said, "We have roads in the City that are only 30 feet from curb to curb. The City Staff recommendation is that the Planning Commission recommend approval of the site plan contingent on the City's approval of a request to abandon the 30 feet of roadway, and approval of permits from the Michigan Department of Natural Resources and Environment and the Michigan Department of Transportation.

 

"This body's authority is to approve or disapprove the site plan only." He continued, "The City has the authority to make a decision on abandoning a portion of the road."

 

Lapham cautioned the board, "If you approve this site plan, contingent on the three issues, it means you agree with those three issues, particularly the abandonment of the road."

 

Hoerauf said under "use by right," if the ordinance criteria is met, it is beyond the authority of this body to make additional requirements."

 

The board also approved the new ten-year plan for the Clare Municipal Airport. Hibl said the plan includes a parallel taxiway, an $800,000 project that would be completed over several years in phases. He said eventually, the Airport Advisory Board would like to extend the 3,200 foot runway to 4,200 feet, a $1 million project and "20 years out, to construct another taxiway."

 

Finally Hibl updated the Commission on the progress of the project to move and renovate the Clare Railroad Depot.

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Hoerauf stressed that the City cannot regulate growing and distributing by caregivers or patients - or a family group - in the city, but they can stipulate that the principal use of a property parcel be that it is a dwelling and prohibit any transfer of medical marijuana to any patient not living on the parcel.

 

Vice Chair Jan Winter said "My concern is, are we limiting patients that live in an apartment or cannot grow marijuana for their own use, are we limiting them unfairly?"

 

Agreement on that point led to the discussion about dispensaries, whether they should be prohibited in the city or regulated and limited to certain areas.

 

 

I think they have our best interest in mind actually. But even if they do what you are concerned about they will end up with a lawsuit.

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Hoerauf stressed that the City cannot regulate growing and distributing by caregivers or patients - or a family group - in the city, but they can stipulate that the principal use of a property parcel be that it is a dwelling and prohibit any transfer of medical marijuana to any patient not living on the parcel.

 

Vice Chair Jan Winter said "My concern is, are we limiting patients that live in an apartment or cannot grow marijuana for their own use, are we limiting them unfairly?"

 

Agreement on that point led to the discussion about dispensaries, whether they should be prohibited in the city or regulated and limited to certain areas.

 

 

I think they have our best interest in mind actually. But even if they do what you are concerned about they will end up with a lawsuit.

This attorney is related to one of the girls my girl friend works with... so funny.But hey on our side she voted for it...

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  • 1 month later...

One of our members sat in on there meeting last night.. the comissioner Ben thinks He should be allowed to know the medical conditions of each patient they can identify and he also beleives that they should search and inspect all patients and caregivers if presented with a card. Although this looked promising at the 1st public meeting on MM at the comissioners meeting and the following newspaper articles looked promising as well.. When not being observed by the medical comunity they seem to have a different tone to their conversations. Hmm

So the second public meeting is this next Monday. WE NEED TO PACK THE HOUSE.. Also.. they have written in that a cg in the city limits can only have 12 plants.. HELLO.. I will post more info when i get it like the time and the address.. The date is Nov 15.. WE NEED TO PACK THE HOUSE!!

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I am quite certain Elkisland has this one covered but, that person needs to be shown the law - especially the portion regarding no inspections and a patients privacy. Perhaps he maybe able to get a better view of it if it was protruding from his colon.

Even tho i have spoken to elkisland and he will be there.. Hes only one Man.. We need to show up in numbers and pack the house with clare county residents and beyond hopefully to show them the scope of how many of us there are that may be sueing them.

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The City of Clare City Commission will hold a public hearing on Monday, November 15, 2010 at 6:00 p.m. at Clare City Hall, 202 W Fifth Street, to receive public comments pertaining to revisions to the City of Clare Code of ordinaces Zoning.

Please come to this if you can folks.. The clare city commission has some crazy rules on the plate here.. i would elaborate but when we went to the city clerks office to get a copy of the proposed ordinance changes they said it was only available online.. but when we went online it said it was only available at the office.. sheesh..

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