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07-03-2010, 05:30 AM #3
Senior Member
Cory Files first lawsuit since 1284 takes effect
I think Corry's argument is the right one to make, but I do not know if I agree. While a few kinds of clinics and apothecaries might be allowed to operate in residential areas, most retail businesses like liquor stores and pharmacies and natural grocers are not. There are good reasons for cities to restrict the areas in which certain activities are permitted; for example, some areas might not have the required parking, electrical or sewage capacity to support dispensaries and their large grow operations. I also believe neighbors could raise legitimate complaints about property value and safety. There are reasonable arguments on both sides.
Were I Denver czoning czar, I might split the difference and allow them in mixed residential-commercial zones while banning them from residential zones unless they complete the variance process. I agree that the order should be issued to allow them to continue operating while the matter is adjudicated.
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