The township’s zoning board voted thumbs down for a medical marijuana dispensary in the Highland Park section of Upper Darby after a public hearing.
Matt Darin, owner of AES Compassionate Care LLC, was seeking a variance to convert a building at 130 S. State Road, in a C-1 zoning district, into a dispensary.
Attorney Theodore Flowers contended AES has already received a state permit to dispense marijuana and the company was in compliance with zoning until the township changed the ordinance in April to only allow the dispensaries in C-4 areas and with a special exception in C-3 sections.
The owner of the property, Larry Dillon, claimed a hardship due to his difficulty selling the 6,900 square-foot building used for business-to-business soliciting.
Township Solicitor Kelly Sullivan, representing the council and Mayor Thomas Micozzie, opposed the application, noting it is not permitted in C-1 zoning districts.
“I’m here to express my constituents’ concerns,” Fourth District Councilman Marc Manfre said, opposing the application due to the additional traffic and close proximity to schools.
“There are no schools or day care centers within 1,000 feet of the property,” Flowers said. “And you will see a limited amount of traffic.”
During a show of hands, three people were in favor of the application and eight against it.
The three-member panel, with one alternate, unanimously voted 4-0 to deny the relief.
Zoners also denied the application of Retnamma Sadasivan to use the second floor of 7590 West Chester Pike for an assembly hall to rent out for parties.
He needed relief for insufficient off-street parking.
Manfre, represented by At-Large Councilman Jack Bierling, opposed the proposal due to the lack of parking.
“I passed it today and there is not a lot of parking,” Bierling said.
Applications by two long-standing businesses in the township that proposed expansion and improvements were approved.
Bealake Corp. (Beatty Lumber), 1835 State Road, was granted a variance to reduce the rear-yard setback and reduce parking from 77 required spaces to 65 proposed to expand the design center in the business bounded by an abandoned railroad and Bond Shopping Center.
Weinstein Plumbing Supply, trading as 265 N. Wycombe Partners, received a special exception to rebuild on the same footprint of the non-conforming existing building while increasing the height at 265 ½ N. Wycombe Ave. in the Lansdowne post office section of the township.
Seventh District Councilwoman Sekela Coles and Bierling spoke in favor of the proposal, noting the renovation will be an improvement to the property.
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