Ron Strider
Well-Known Member
An application to establish a recreational marijuana business facility on Marrowstone Island has been denied by Jefferson County Hearing Examiner Stephen Casseaux Jr., and the proponent cannot resubmit an application for one year.
The order was signed Oct. 31, four months after a June 27 public hearing, during which the applicant, Olympus Gardens owner Austin Smith, testified alongside staff from the Jefferson County Department of Community Development (DCD), which recommended approval of the proposal.
While two members of the public also expressed their support for the proposed marijuana production and processing facility, which would be housed in a 10,000-square-foot building at 9272 Flagler Road in Nordland, the bulk of the public testimony in June asked the hearing examiner to deny Smith the conditional-use and cottage industry permits he was seeking.
In his conclusions Oct. 31, Casseaux wrote that the applicant "has not satisfied his burden of proof" showing that Smith's requests for conditional-use and cottage industry permits meet "all criteria set forth" in the Jefferson County Code.
When contacted by The Leader, Smith said he did not wish to comment.
Poulsbo attorney Bert Boughton, who submitted a presentation on behalf of several Marrowstone Island residents against Smith's proposal, declined to comment until he'd consulted with his clients.
ONE-YEAR PERIOD
Casseaux additionally noted that, while a denial without prejudice would authorize "reapplication of submittal of the application immediately," a denial with prejudice would prohibit "reapplication or resubmittal for a one-year period."
Casseaux wrote: "In the present case, the applicant should establish a bona fide residence on the parcel for a reasonable period of time prior to submitting a new application for a cottage industry permit. The applicant needs to provide evidence of a bona fide residence to staff in accordance with the findings above prior to resubmittal."
The findings to which Casseaux referred noted that Smith owns both the parcel of land and the single-family residential dwelling on the land for which he'd requested the proposed use. At the same time, Casseaux wrote that Smith "has presented no proof" that he or any other family member has resided permanently within the residence since he purchased it, "or that anyone is residing there at present."
Casseaux wrote: "To the contrary, the applicant testified that he continues to reside in Seattle with his family. He presented no utility or cable service billings mailed to the Flagler Road address, nor has he presented any documentation showing he is registered to vote in Jefferson County."
Casseaux went on to list a number of evidentiary documents that could have substantiated Smith's claims of residency, none of which Smith had provided, including residential phone records, cellular phone bills, electric or gas utility bills, records from the Department of Licensing "or any automobile insurance policy" to establish his or his family's address at Flagler Road.
"He presented no federal income tax return showing the Flagler Road address as his home address, and no personal checks, bank statements or credit card bills with the Flagler Road address," Casseaux wrote. "Thus, the applicant has not shown that either he or another member of his family resides at the Flagler Road address at the time the proposed use is being requested."
Casseaux also cited the section of Jefferson County Code that stipulates the applicant may not employ more than four employees "who reside off the subject property."
"The applicant asserts that his family will operate the business, but also asserts his business will bring employment opportunities to Jefferson County," Casseaux wrote. "The applicant has not specified the number of permanent and temporary employees, nor the number and identity of family members who will work in the business. Again, the applicant has the burden of showing compliance ... and has not done so."
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marrowstone marijuana plan denied | News | ptleader.com
Author: Kirk Boxleitner
Contact: Contact Us | Site | ptleader.com
Photo Credit: Getty Images
Website: ptleader.com | Your independent news source for Port Townsend and Jefferson County, WA since 1889.
The order was signed Oct. 31, four months after a June 27 public hearing, during which the applicant, Olympus Gardens owner Austin Smith, testified alongside staff from the Jefferson County Department of Community Development (DCD), which recommended approval of the proposal.
While two members of the public also expressed their support for the proposed marijuana production and processing facility, which would be housed in a 10,000-square-foot building at 9272 Flagler Road in Nordland, the bulk of the public testimony in June asked the hearing examiner to deny Smith the conditional-use and cottage industry permits he was seeking.
In his conclusions Oct. 31, Casseaux wrote that the applicant "has not satisfied his burden of proof" showing that Smith's requests for conditional-use and cottage industry permits meet "all criteria set forth" in the Jefferson County Code.
When contacted by The Leader, Smith said he did not wish to comment.
Poulsbo attorney Bert Boughton, who submitted a presentation on behalf of several Marrowstone Island residents against Smith's proposal, declined to comment until he'd consulted with his clients.
ONE-YEAR PERIOD
Casseaux additionally noted that, while a denial without prejudice would authorize "reapplication of submittal of the application immediately," a denial with prejudice would prohibit "reapplication or resubmittal for a one-year period."
Casseaux wrote: "In the present case, the applicant should establish a bona fide residence on the parcel for a reasonable period of time prior to submitting a new application for a cottage industry permit. The applicant needs to provide evidence of a bona fide residence to staff in accordance with the findings above prior to resubmittal."
The findings to which Casseaux referred noted that Smith owns both the parcel of land and the single-family residential dwelling on the land for which he'd requested the proposed use. At the same time, Casseaux wrote that Smith "has presented no proof" that he or any other family member has resided permanently within the residence since he purchased it, "or that anyone is residing there at present."
Casseaux wrote: "To the contrary, the applicant testified that he continues to reside in Seattle with his family. He presented no utility or cable service billings mailed to the Flagler Road address, nor has he presented any documentation showing he is registered to vote in Jefferson County."
Casseaux went on to list a number of evidentiary documents that could have substantiated Smith's claims of residency, none of which Smith had provided, including residential phone records, cellular phone bills, electric or gas utility bills, records from the Department of Licensing "or any automobile insurance policy" to establish his or his family's address at Flagler Road.
"He presented no federal income tax return showing the Flagler Road address as his home address, and no personal checks, bank statements or credit card bills with the Flagler Road address," Casseaux wrote. "Thus, the applicant has not shown that either he or another member of his family resides at the Flagler Road address at the time the proposed use is being requested."
Casseaux also cited the section of Jefferson County Code that stipulates the applicant may not employ more than four employees "who reside off the subject property."
"The applicant asserts that his family will operate the business, but also asserts his business will bring employment opportunities to Jefferson County," Casseaux wrote. "The applicant has not specified the number of permanent and temporary employees, nor the number and identity of family members who will work in the business. Again, the applicant has the burden of showing compliance ... and has not done so."
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marrowstone marijuana plan denied | News | ptleader.com
Author: Kirk Boxleitner
Contact: Contact Us | Site | ptleader.com
Photo Credit: Getty Images
Website: ptleader.com | Your independent news source for Port Townsend and Jefferson County, WA since 1889.
