[420 Girl]

Larimer County officials have their eyes on two medical marijuana operations that apparently have cropped up without receiving required land-use approvals.

One of the operations came to light two weeks ago after the sheriff's office investigated a report of a home invasion near Wellington during which medical marijuana was stolen.

Officials are not sure whether the property in the 600 block of East County Road 70 is being used as a medical marijuana dispensary, growing operation or a business at all, said Chad Gray, a code compliance officer.

But they intend to find out and advise the property owner that the land is in a zoning district that does not allow medical marijuana businesses. Under county regulations, dispensaries are permitted only in areas zoned commercial or industrial, unless an exemption is approved.

The situation with a dispensary near the intersection of U.S. Highway 287 and County Road 8 is more complicated. The dispensary — Herbal Rx — is in a leased building that is just outside of Berthoud town limits at 1621 W. Mountain Ave.

Under county regulations, a medical marijuana business must receive approval through a process known as a special review, which includes public hearings before the planning commission and the county commissioners.

An intergovernmental agreement between the county and Berthoud stipulates that the county may not accept special review applications for properties that are eligible for annexation unless they have applied for annexation and were rejected.

But without the special review approval, the dispensary is operating illegally, officials say.

Dispensary owner Chandra Geist said she discussed her business plans with Berthoud officials and believed she was following all the rules. The business has a Berthoud sales tax license, she said.

Now Geist said she will have to talk to county officials about what must be done to operate within the county's regulations.

"We're just trying to do whatever we need to do to keep everybody happy," she said.

Geist said the property owner may be open to annexing into Berthoud.

The county commissioners Tuesday directed staff to contact the business and property owners to advise them of the problem. A code compliance hearing concerning the business has been scheduled May 3, said Michael Whitley of the planning department.

So far, the county has received five applications for special reviews related to medical marijuana businesses, Whitley said.

The first special review hearing for a marijuana business before the planning commission is scheduled May 19 for Xzuberance, 2649 E. Mulberry St., Fort Collins.

Whitley said staff members will recommend against approval because the proposed business would violate distance restrictions in county regulations by being within 500 feet of a residential area as well as a church.

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