Bessemer planners prohibit marijuana enterprise

By P.J. GLISSON

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Bessemer - The Bessemer planning commission voted Tuesday night to pass Ordinance No. 372 to amend the city's zoning ordinance to prohibit the establishment of recreational marijuana ventures within the city.

The vote was unanimous and resolved an impasse that had occurred at last month's commission meeting when the same ordinance resulted in a tie vote, with members Bill McDonald and Louis Miskovich voting against it and Chairman Dave Osier and member Terry Kryshak voting for it.

Commission member Kevin Nyquist, who was absent from the Feb. 5 meeting, was present Tuesday night, and McDonald since had been replaced by George Beninghaus, who was appointed to the slot by the city council when McDonald's term expired last month.

Miskovich raised additional concerns about the ordinance Tuesday, pointing out that the ordinance is written as though "it's meant to be confusing."

City manager Charly Loper explained that the city had opted to use a generic ordinance that had been created by a state consortium to serve multiple municipalities wishing to accomplish the same objective.

"It's not perfect, but we're saving a few thousand dollars by using this consortium," said Kryshak, who made the motion to pass the ordinance, which now will be forwarded to the city council.

He added it's important to have an ordinance in place "so that something doesn't come through the back door down the road."

In his inaugural meeting, Beninghaus said that, until the state finishes setting up related licensing and other conditions, "Why would you want to allow the recreational marijuana business?"

After the vote was made, former member McDonald said from the audience that he believes any ordinance should be even stricter. He added that the 12 plants now allowed for growth within individual homes translates to "a lot" of marijuana.

Kryshak conceded that the state law "sucks," but that the city must abide by the terms that resulted from citizens voting statewide to legalize recreational marijuana last November.

Beninghaus added, "You can't supersede state law."

Storage containers debated

In other news, commission members decided not to support Ordinance No. 371, which prohibits portable storage containers more than 100 square feet. The same ordinance had been tabled after a related public hearing last month.

On Tuesday night, Loper showed members a video on storage containers, and members resulted in agreeing that such units can be used for positive ends.

Miskovich pointed out they've been used in other areas for homeless vets, and Beninghaus said they can be quite useful and open to modifications such as adding a sloped roof to allow for better snow management.

Nyquist said he had no issue with them if they are set up properly. He said his research has shown that such units are durable, well sealed, and capable of being quite aesthetic.

Osier said that, since such units can be taxed, there may be a greater incentive for owners to take proper care of them.

The chairman asked Loper to compile a set of conditions for the allowable use of storage conditions and requested that one condition be that their placement would not obstruct views.

Loper said she would base her compilation upon the measures members discussed, which included use of an appropriate base, aesthetic attention such as painting when needed, and versatility in using such containers either for homes or storage.

Miskovich also requested that storage use be limited to back yards, and Beninghaus said that if owners decide to combine several units, they should have to abide by a formal building plan.

Everyone agreed that only shipping containers should be allowed, not semitrailers.

Osier opened the meeting by thanking McDonald for his service to the commission and expressing pleasure in him being present to continue providing informal input during public comment periods.

Osier also welcomed Beninghaus to the commission and added, "Hope you have as much fun as we do."