by Trevor Godfrey East Valley Tribune
(Editor’s note: Ryan Hurley did not represent the applicant in this case.)
The Mesa City Council on Monday voted against a request to rezone a parcel of land at 6350 E. Main St., just east of Recker Road, which would have allowed a medicinal marijuana dispensary to open there.
The would-be developer, Michael Richards, and the property owner, Judy Gaede, brought the request to the council in hopes it would be rezone the property from commercial to light industrial.
Gaede has owned the property since 1971 and insists she is only doing what she sees as the right thing for her property as well as the economic good of the area. She expressed her unhappiness, saying the hearing was supposed to have been about zoning, but turned into a debate over the merits of medicinal marijuana.
“I just think it’s unfair because I think it could have changed the whole thing,” said Gaede. “It is not a problem. It’s going to be like a doctor’s office. Nobody gets it.” Continued
Ryan Hurley, chair of Rose Law Group’s Medical Marijuana practice group and a founding member of the National Cannabis Industry Association, said while the real obstacle is conflicts between city zoning codes and DHS guidelines, the response from locals has also been stifling.
“There have been a number of use permit hearings that have not gone terribly well for some people,” said Hurley. “It’s unfortunate that we continue to see this sort of knee-jerk opposition to marijuana dispensaries. It’s tough to do business when people operate out of fear.”
To further discuss medical marijuana, Ryan Hurley can be reached at rhurley@roselawgroup.com
Mesa Councilman Richins responds to medical marijuana facility rejection – inappropriate location
I enjoyed reading your take on the medical marijuana zoning case. As reflected in my comments and the comments of those of my colleagues, this wasn’t about Med Marij. I have no opposition to Med Marij whatsoever. I think this case is a very important one to study in this regard. As a land use issue, the compatibility of industrial zoning, even light industrial, next to a residential neighborhood is difficult to rectify, even when it is done with the restrictions that were proposed for this case and in this context. Similar to your firms opposition to Curis Copper Mine, industrial zoning is rarely compatible with nearby residential development. It is an issue we work through regularly at Resolution Cooper where I work,and I see from time to time in other locations.
The claims of “redevelopment” of the applicant were spotty. One redeveloped building rarely results in the resurgence of an area or a single shopping center. But rather, as advocated by your firm on many occasions, careful, thoughtful planning and targeted public investment should come together to work on a solution to incompatible zoning or outdated land uses. A good case study is check cashing establishments. Many revitalized buildings. Clients coming out of those stores with fists full of cash. Other retail business shy away from locating near them. Why?
Also, for full disclosure, Resolution Copper is a happy client of your firm. I just happen to work there and be on the Mesa City Council. Again, appreciate your thoughts on the matter.
