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Roseville objects to proposed dispensary on Warren border

By: Brendan Losinski, Brian Louwers | C&G Newspapers | Published February 7, 2020

 A marijuana dispensary has been proposed for property at E. 14490 11 Mile Road in Warren, just west of Hayes Road and across the street from a Roseville neighborhood.

A marijuana dispensary has been proposed for property at E. 14490 11 Mile Road in Warren, just west of Hayes Road and across the street from a Roseville neighborhood.

Photo by Brian Louwers

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ROSEVILLE/WARREN — Roseville officials are taking action over public concerns regarding a proposed marijuana provisioning center just across the border in neighboring Warren.

Among its legal provisions regarding marijuana dispensaries, Warren’s ordinance requires dispensaries to be at least 500 feet from any residences in the city.

It says nothing, however, about residences in other cities. And that’s a problem on the Roseville-Warren border, where a proposed provisioning center at 11 Mile and Hayes roads is raising concerns among Roseville officials, who claim that their residents weren’t notified about a Warren Planning Commission meeting in which the site was discussed in early January.  

“We believe the city of Warren has failed to comply with the Zoning Enabling Act regarding notice to property owners within 300 feet of the proposed site plan,” Roseville City Attorney Tim Tomlinson said. “Under the act, if you are conducting a public hearing, you are required to give notice to anyone living within 300 feet of that, and they have not been sending them (the notices) out across municipal borders.”

That much was confirmed by Warren Planning Director Ron Wuerth at a Committee of the Whole meeting of the Warren City Council Feb. 3. Wuerth told council members that the city’s zoning ordinance includes the 300-foot provision, but that it does not address notifying residents beyond the city’s borders.

“State law says that we are to notice extraterritorially, correct?” Councilwoman Mindy Moore asked. “So we need to amend our ordinance?”

“Yes, that’s exactly right,” Wuerth said. He added that notices were sent out to affected homes in Roseville when the “oversight” was discovered. The matter was tabled at the Warren Planning Commission’s meeting Jan. 13.

The Warren City Council also discussed a tweak to the city’s zoning ordinance to extend the 500-foot buffer for that particular use to some properties, including homes, that fall outside the city’s borders.

The proposed property at 14990 E. 11 Mile Road is east of Groesbeck Highway and west of a Roseville neighborhood across Hayes.

Moore asked, “So if there’s a house that’s 30 feet away from a provisioning center, and it’s not in the city, we’ll approve that?”

“There’s nothing in the ordinance that speaks to anything beyond the boundaries of the city,” Wuerth said. “The answer is yes.”

The matter was referred to Warren city attorneys for possible ordinance revisions. Council President Pat Green said the city will follow state law, while Moore and Councilman Jonathan Lafferty expressed a desire to be “good neighbors” with all bordering municipalities.

“I want to make our friends in Roseville happy. I want to get this right, not just for Roseville, but for everybody going forward,” Moore said. “I think everybody on this council is dedicated to doing the right thing, and the more information we have, the better job we can do.”

Roseville City Councilman Steven Wietecha and local property owner Richard Platt also attended the meeting and addressed the topic during audience participation.

“I just appreciate your comments. We’ve got Roseville residents right across the street from there,” Wietecha said.

Tomlinson explained Roseville’s position.

“We would like them (Warren) to honor the 500-feet buffer requirement. The negative effects they are trying to prevent by instituting that requirement should apply equally to Roseville residents as it does to Warren residents. … Clearly the city of Warren has gone through their medical marijuana ordinance process, and they have determined there is a need to have space between these facilities and residencies due to factors like odors, and they are not taking Roseville residents into account.”

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