[420 Girl]

A woman who wants to open a medical marijuana dispensary in Albany is running into opposition from residents and city officials quick to point out that the proposed site is too close to Albany Hill Park to be legal under city law.

Marcy Nolin sent a letter March 3 to the Albany Planning and Zoning Commission expressing her desire to open a medical marijuana dispensary — The Stoned Cherry Collective — at 533 San Pablo Ave. The building is only 940 feet from Albany Hill Park, disqualifying it under the city's medical marijuana ordinance, which requires that dispensaries operate at least 1,000 feet from parks, schools and the like.

"If she wants to pursue an application (for the business), she'd have to find another location or try to get the City Council to change the ordinance," said Jeff Bond, Albany's planning and building manager.

Nolin could not be reached for comment. But in her letter to the city, she wrote that she helped to develop and open The Green Door, a medical marijuana facility in San Francisco, and that she is confident she could prevent the kind of security and public nuisance problems that neighbors and city officials are often concerned about.

"The spirit of the 1,000 foot rule will be upheld as a condition of our operation," she wrote. "We will meet and work with the neighbors, police and fire departments over any concerns they may have on an ongoing basis."

Nolin has not submitted an application to the city but wrote that she would like an exception for several reasons, including that the building is only 6 percent short of the 1,000-foot requirement; that the distance was calculated aerially, not based on walking from the building to the park; that she believes the park is primarily geared toward adults; that the dispensary in San Francisco is less than 1,000 feet from a children's museum and has had no problems; and that she would take extensive safety precautions.

Some residents and at least one City Council member didn't seem interested in making an exception.

"The space that they're wanting to occupy is probably not going to work," said Albany Councilman Robert Lieber. "This ordinance was approved by the voters. To go outside of the approved ordinance (and grant an exception) would be to disrespect the voters' wishes. There are plenty of other spaces that fall completely within the ordinance."

Resident Brian Parsley, who said he lives 422 feet from the proposed site, was concerned about the building's proximity to Albany Bowl.

"In the past, (the bowling alley) had some problems with crime, and they've worked really hard to remedy that," Parsley said. "My concern is it would just increase the potential for crime in the area. If they could find a location that would fall within the ordinance, that would be acceptable. "

In addition to the 1,000-foot requirement, the ordinance, which took effect in early 2007, requires that a background check be performed on the owners and staff, and that extensive security measures be taken in and around the business. An approval from the Planning and Zoning Commission would also be subject to annual review.

Medical marijuana dispensaries already exist in Berkeley, Richmond and El Sobrante. One dispensary in Richmond, on Pierce Street across from the Pacific East Mall, is feet from the Albany border, not far from Albany Hill Park.


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