Good evening.

Uh welcome to the uh May 25th, 2016 uh City Attempe Board of Adjustments meeting.

Uh at this time I would like to uh call tonight's meeting to order.

The Board of Adjustments is authorized by Arizona revised statutes and the city attempts zoning ordinance.

Its function is to grant relief where a uh literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance and to hear appeals from any person or city official uh grieved by of the zoning ordinance and to hear appeals from any person or city official aggrieved by the decisions uh of a person responsible for the enforcement of the zoning ordinance.

The board has the city attempty community development staff summary reports on the items being considered at the meeting, and will use this report in their deliberations.

All applicants and interested citizens when your request is called or when you wish to uh address the board, please make sure you have filled out one of the citizen request forms located uh on the table in the back, then step to the microphone, state your name and address for the record, and please submit the white form to the staff member before you speak at the microphone.

Um at this time I would like to uh introduce city staff, uh Steve Abrahamson, planning and zoning coordinator, Ryan Lavey, uh Deputy Community Uh Development Director, and uh Diane McGuire uh at administrative assistance.

Uh tonight I would uh like to have each of the board members uh introduce themselves, starting with uh Commissioner uh Pascal at the end.

John Pazalskis.

I'm Richard Causewell, uh David Nogle.

I am David Lyon.

Kevin Cullins, Albert Dare.

Thank you.

So um tonight we have uh two two items uh before us.

Uh one is the uh consideration of the uh meeting minutes from the uh April 26th session, and then um so at this time is there a motion to approve the minutes from the uh April uh 27th session.

I move to approve the minutes of the April 27th, 2016 uh meeting minutes.

I do have okay, uh Commissioner Lyons would like to state a couple of corrections.

Uh very minor point.

Uh in a few places I am identified as David Lyons with an S.

That is not accurate.

My last name is L Y O Nor Point.

Okay, uh is there any other uh questions or concerns regarding the April 27th minutes?

So at this time, uh, do I hear a motion to approve the April 27th amendments?

I move to approve the minutes uh as amended.

Second okay, uh all in favor of approval of the minutes signified by uh a vote of aye.

Aye.

Aye.

Uh those opposed.

Let the record reflect that the uh minutes approved the minutes were approved by a vote of seven to zero.

I apologize.

I abstained.

Uh let the record uh reflect that the uh minutes were uh approved by a vote of six to zero and commissioner lyon uh abstained from that vote due to his uh non-presence at the meeting.

Uh so the first issue before the uh board tonight is pursuant to uh ZDC sections uh six-seven oh five reconsideration of the board adjustments decision dated February 24th, 2016, which denied the appeal of the zoning administrators decision regarding the application of a healing health care three incorporated, doing business as Swell Pharmacy, uh PL 150524 for a medical marijuana dispensary.

The board shall limit the their discussion to the issues raised in the motion for reconsideration dated March 9th, 2016, which is uh the asserted conflict of interest of board member uh lion and merits of that issue.

New evidence or testimony provided by the applicant or staff shall be limited only to the grounds upon which the motion for reconsideration was uh granted.

Um the applicant is uh Gallagher and uh Kennedy.

So uh at this time would uh the applicant wish to uh add any new evidence or testimony to the record.

Thank you.

Excuse me.

Uh Mark Fuller, Gallagher and Kennedy on behalf of the applicant.

That's um I noted both in the in the in the working session some questions about why on earth are we here.

We already had a meeting about this.

Uh and I noted some of the uh responses that were given.

I would like to start though, because um we actually have a transcript of the hearing the last time, so I know what was uh asked and I know what was voted for because I know the exact words.

And uh so, Mr.

Chairman and the board, uh I want to start by focusing on that.

Um Mr.

Chairman, you said we're here, that's at the last meeting to determine was there a mistake and is there a hardship or delay, and does it merit reconsideration?

And then your your motion was to vote for reconsideration of the previous board's decision.

That's what we asked for.

We had an entire hearing devoted to the question of not, and I want to be absolutely clear, no one's on trial, no one was on trial the last time.

The issue that we raised and we discussed was appearance of impropriety, the same standards that apply to the judiciary.

Uh we had an extended discussion about that and how the merits would then be decided at a later date if the motion was uh if if if you if you folks approved.

That was what was voted on.

There's a record of that, it's it's audio, it's video, and so forth.

Now, if uh if the board is going to take the position based on instructions from not from legal counsel but from staff that there's never going to be a reconsideration of the merits of this, even though that's what we asked for and the previous board's decision.

There was only one previous board's decision at the time of the last hearing to vote for reconsideration.

That was that was the vote that was taken.

I understand that.