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.