Recreational Marijuana Store Dealt Another Setback In Burlington

Katelyn Baker

Well-Known Member
Burlington - A retail marijuana license-rights holder in Burlington was recently dealt another setback to open a store after the city denied his remodel permit for a location on Burlington Boulevard.

Jason Kitzman, who owns the marijuana store High Society in Anacortes, has attempted to open a recreational marijuana store in Burlington for more than two years. The state Liquor and Cannabis Board awarded Kitzman retail license rights in 2013 for Anacortes and Burlington.

His Anacortes store has been open for more than a year, but in Burlington, the process has dragged on so long that the Liquor and Cannabis Board gave Kitzman a 60-day "use it or lose it" notice for the rights.

He bought a vacant building April 1 near the intersection of South Burlington Boulevard and Haggen Drive to avoid losing the license rights.

The problem with opening a marijuana business in Burlington lies within what he calls the city's marijuana-unfriendly zoning laws. City law prevents marijuana-related businesses from being located within 1,000 feet of a single-family residence, a restriction that goes above and beyond state requirements.

That requirement, in addition to the city's zoning laws, has left Kitzman, and anyone else who wants to open a marijuana business in Burlington, with few viable options.

He said the building passed an inspection and the state approved his retail license, but he was denied a city permit to renovate it on May 24 on the grounds it conflicted with city zoning laws.

"We can't authorize a use that is contrary to our zoning," Burlington City Administrator Bryan Harrison said.

Based on Kitzman's proposed plan, the city issued a stop-work order, Harrison said. Kitzman was not allowed to continue renovations until he proposed a business plan that was acceptable for the location's zoning.

"We're waiting to hear from him," Harrison said. "Is he going to propose a use that does meet our zoning?"

Adjusting the 1,000-foot setback rule, which the city could consider in its 2017 Comprehensive Plan, wouldn't help in this situation, Harrison said. The site is not zoned for marijuana-related businesses.

Kitzman said he will continue to work with the city. He doesn't want to lose his license rights, which he said are now valued between $500,000 to $600,000.

While Kitzman's retail store is on hold, the city is in the process of approving a business license for a marijuana processor in the business park on the city's north end.

"There are properties in town that would support the use," Harrison said. "But apparently they're not of interest (to Kitzman.)"

A retail business such as Kitzman's could also be located in that business park, Harrison said.

Kitzman previously said he tried locating near the business park, but the landlord wouldn't lease to him.

The city will consider adjusting the marijuana zoning issue when it completes its 2017 Comprehensive Plan, scheduled for sometime between September and December, Harrison said.

"We will know more then," he said.

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Full Article: Recreational Marijuana Store Dealt Another Setback In Burlington
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