Company operator accuses Glenwood Town Council customers of working with bias, not municipal code, to justify denial of particular use permit for retail marijuana retail store
4 min readThe Glenwood Springs City Council denied a particular use allow application for a retail cannabis dispensary at 2114 Grand Ave. on a 5-1 vote Thursday night time.
Council Member Shelley Kaup was the only a single in favor of making it possible for the permit Council Member Steve Davis was not at the assembly.
But just before the council took action, a letter from the applicant and proprietor of Sort Castle dispensary, John Dyet, was read through aloud for the history by Town Attorney Karl Hanlon.
The letter accused numerous council associates of biased behavior when justifying why they voted in opposition to a motion to approve the application throughout the May possibly 20 metropolis council assembly.
For the duration of that meeting, a motion to approve the software unsuccessful due to a 3-3 vote and it was determined to proceed the hearing to the up coming town council assembly and make it possible for Council Member Ingrid Wussow to cast her vote on the software immediately after examining the meeting recording.
Dyet wrote that the 3 council customers who voted towards his software prejudged the application and demanded that Mayor Professional Tem Charlie Willman and Councilor Tony Hershey recuse themselves from voting on the particular use allow the 2nd time all around.
“Tony (Hershey) mentioned from the beginning that he wouldn’t be in favor of this application in advance of we even submitted it,” Dyet wrote.
“Charlie is a shame, no explanation desired. Ingrid, while I hope she renders her determination with a honest technique tonight and would respect her examining this from how the ordinance is composed, she has obviously expressed biased actions and prejudged this software.”
Hanlon examine Dyet’s letter, noting that he obtained it in an e mail about an hour prior to the metropolis council meeting.
The letter also mentioned that Kaup’s vote on the unique use allow in the course of the May well 20 meeting must not have counted because it was dependent on the quantity of colleges in proximity to Hyland Park.
“Shelley centered her vote on info that is not outlined in metropolis code therefore she can not be trusted to vote as metropolis regulations call for,” Dyet wrote.
Nonetheless, it was Councilor Paula Stepp, not Kaup, who denied the allow primarily based on the quantity of universities and small children near the retail marijuana store’s proposed place.
Kaup stated Dyet should have confused her with a different council member while producing the letter, noting that she would vote the exact as she experienced in the course of the previous conference, which would be in help of approving the allow software. Kaup stated she voted in line with the city’s preparing and zoning fee determination to approve the permit as effectively.
Immediately after examining the letter, Hanlon recommended the council to afford the applicant more owing procedure for rebuttal even nevertheless the hearing experienced shut.
“I’d also warning the council not to make a decision tonight dependent on what have been, in some scenarios, really private assaults built towards you individually,” Hanlon stated.
“This is a land use hearing in which you have to sit as an neutral judge. I know these remarks may well be inflammatory to you and you could acquire some particular umbridge with them. I caution you to appear at the information in terms of earning a final decision this night.”
Trevor McGarvey is Dyet’s legal professional and spoke on his behalf throughout the five minutes allotted by the council for rebuttal.
“I consider we had considerations not only customers of the Type Castle, but also people in the general public experienced considerations about the way the past conference was taken care of and some of the reviews of city council associates that may well tend to indicate they weren’t giving this a fair shake or they weren’t neutrally determining it dependent on what the municipal code established ahead,” McGarvey claimed.
He said there is a historical past among the city and Dyet when it comes to Dyet’s programs for dispensaries in Glenwood Springs.
“A whole lot of funds was laid out, a large amount of time put into the method,” McGarvey said.
“Applications and licenses have been granted by the community licensing authority and the hearing officer in the previous and then overturned on charm by the town council. I feel some of Mr. Dyet’s aggravation is from putting so a great deal time and effort and hard work into creating this operate.”
When the approval of the software wasn’t assured, McGarvey claimed his customer relied on the checklist of circumstances set forth by the planning and zoning commission.
“We relied on that checklist and went ahead and experimented with to do every little thing they encouraged. In some situations those people points expense a large amount of income,” McGarvey said.
“I feel some of the metropolis council members’ explanation for denial didn’t conform to what the selection was supposed to be designed on per city of Glenwood Springs municipal code.”
Willman explained he built his choice to deny the permit with no any prejudgement or conflict of fascination.
“The truth that I was disparaged in the email does not influence my determination at all,” Willman explained.
“That’s Mr. Dyet’s position of view.”
Wussow claimed she would vote to deny the application, reasoning that the use of the building did not comply with the site.
“That’s exactly where my decision arrived from,” Wussow reported.
Godes was the only just one to transform his vote from approving the software to denying it.
“Wussow, your opinions have swayed me and I will be voting in favor of (denying) the motion as effectively,” Godes claimed.
Reporter Shannon Marvel can be arrived at at 605-350-8355 or [email protected].
