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Commission denies proposed amendment to marijuana facilities overlay after planning staff cites unfair drafting

2167382 · January 29, 2025
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Summary

The commission voted unanimously to deny a business‑sponsored amendment to the marijuana facilities overlay district after staff and the planning commission said the submitted ordinance language would unfairly privilege one applicant.

The Muskegon City Commission voted unanimously to deny a privately sponsored request to amend the city’s marijuana facilities overlay district.

Commissioner German moved to deny the request to amend section 2331 of the zoning ordinance as proposed; Commissioner Kilgore supported the motion. Planning Director Mike Franzak told the commission the application came from a private business identified in the record as Grama Newell. Franzak said the applicant initially sought 24‑hour sales in 2024 and was denied, and the new submission sought extended hours until 2 a.m. but failed to provide ordinance language that would apply fairly to other businesses.

Franzak said the language submitted by the applicant identified only the applicant’s operating hours and effectively excluded other businesses. He recommended denial on that basis. The planning commission had unanimously concurred with staff’s recommendation.

Commissioners asked whether other dispensaries had sought extended hours; Franzak said there had been interest but not universal requests and that staff had discussed a survey or a summit of businesses to gauge interest. No applicant representative attended the planning commission meeting, Franzak said. The roll call adopting denial showed all voting yes.

Ending: The denial closes the current application; staff said it could return with revised, more broadly drafted ordinance language or a city‑initiated proposal after further outreach to businesses.