Title
Appeal of Planning Commission Approval of a Medical Marijuana Smoking Facility at 332 East Colorado Avenue - Studio A64. (Planning & Development - Peter Wysocki)
Body
Summary: This is a request by the City of Colorado Springs Administration ("Administration") to appeal and overturn the City Planning Commission's approval of an appeal of the Notice and Order issued against Studio A64 (see Attachment 1). In granting the appeal filed by Studio A64, the City Planning Commission ("Planning Commission") permitted a use of the property located at 332 East Colorado Avenue that is not permitted by Chapter 7 of the City Code ("Zoning Code"). Pursuant to City Code Section 7.5.906, any aggrieved person may appeal Planning Commission's decision to the City Council. The Administration believes it has the right to file the appeal as an aggrieved person.
Previous Council Action: There has been no previous consideration or action on this item or similar issue by the City Council.
Background: The Notice and Order to cease the operation of Studio A64 or otherwise abate the violation was issued by the City's Code Enforcement Division of the Police Department on November 21, 2013. The Notice and Order gave Studio A64 10 days to cease operations or otherwise abate the violation. Code Enforcement's Notice and Order was based on the Planning and Development Department's determination that a facility which allows the consumption of marijuana is not a permitted use within the Form-Base Zone - Central Sector zoning district (see Attachment 2), and otherwise not permitted by the City's zoning code. The investigation was prompted by City staff becoming aware of Studio A64 through media sources. Upon internal discussions between Code Enforcement (Police Department), Planning and the City Attorney's Office, the decision was made to issue the Notice and Order.
On December 2, 2013, Studio A64 filed an appeal with the Planning and Development Department, appeal the Noti...
Click here for full text