PLANNERS TOLD TO CHANGE MARIJUANA ORDINANCE

Once again the potential zoning regulations for Medical Marijuana
growers in the City of Clare is back with the City Planning
Commission for changes.

"You've been working on this since July," City Attorney Jaynie
Hoerauf told the board Wednesday evening.

Last month, the City Commission held a Public Hearing on the
ordinance developed by Hoerauf and the Planning Commission.

Several members of the "Clare Compassion Group" spoke at that hearing
objecting to some of the restrictions in the proposed zoning
amendments including limiting the number of plants per dwelling to
12; the requirement that transfers could not be compensated and not
allowing transfers from patient to patient at residences in the
residential district (R-1).

The City voted to have Hoerauf take the zoning amendments back to the
Planning Commission with changes recommended in the number of plants
per dwelling and compensation issues.

City Manager Ken Hibl said the board could make changes and resubmit
the amendments, resubmit the ordinance amendments without changes or
start the process all over. "I wouldn't recommend that," he said.

Hoerauf outlined possibilities at the meeting. She said, "The City
Commission is concerned over language we drafted about no exchange
(of marijuana) for value." She went on, "That was put in to prevent
dispensaries. The City questioned it because under the State Medical
Marijuana Act, caregivers are allowed 'reasonable reimbursement' for
their costs."

She suggested adding wording that would allow reimbursement but not
at the residence.

Hoerauf also suggested an alternative to limiting the number of
plants, saying one possibility would be a limit on the growing space
allowed in a residential district, either by square feet or a
percentage of the size of the dwelling. "I think that would be good
for both the growers and the City," she said, "a solution that would
satisfy both caregivers and the City."

Planning Commission members spent some time discussing the needed
size of a growing area, whether it would be in a dwelling or an
attached or unattached outbuilding and State requirements of locked,
safe and enclosed facilities for growing Medical Marijuana.

Ann Carter of Mt. Pleasant told the Commission, "This is a non-issue
we are spending a lot of time on."

Hibl told her, "Please keep in mind that this is a zoning issue,
specifically a land use question. Zoning is developed to limit the
impact on the community."

Hoerauf told of another alternative. "Grand Rapids has said they
don't care what you do as long as you conform to the requirements of
a home business."

Commissioner Darren Acton said, "We need to come up with a
percentage, or square feet [for growing marijuana for medical use]."

Commissioner Ben Walters suggested 100 square feet or 10 percent of
the living space or outbuilding used for the process, "whichever is
greater," he said.

Acting Chair Jan Winter said, "It seems to me that if we used the
size of an average bedroom, it would be a realistic way to determine
the space [needed]."

Audience member Russell Veenstra of Lake George said limiting the
space to one room wouldn't be realistic. "Different stages of the
plants require different conditions," he said, "you need more than one room."

Aaron Mester of Farwell said limiting the space in an outbuilding
that can be used is against the law. Hoerauf replied that local
municipalities have the authority to limit the space for growing.

Hoerauf asked if that was the board consensus, and when all members
agreed, she said she would develop the wording.

She said the monetary consideration could be addressed by adding the
verbiage, "except as otherwise provided by the Medical Marijuana Act"
to the limitation on compensation for growing the plants.

When asked by Hibl, the Commission agreed that they would like to
review the draft developed by Hoerauf before another Public Hearing
is scheduled. Hibl said two meetings could be held in January with a
Public Hearing at the second meeting.

During Public Comment, Carter invited commissioners to attend a Clare
Compassion Group meeting at the library. She said the next one would
be on December 11 at 2 p.m.

She questioned having to leave a residence to council sick patients.
"Where would we meet?" she asked, "in McDonald's parking lot?"

She went on, "A lot of the issues you've discussed are already
covered by the law. We are just trying to protect the rights of
caregivers and patients."

Veenstra added, "Limiting the space for caregivers [to grow plants]
could limit the number of patients they can serve."