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I just couldn't do it!

By
Real Estate Agent with The Berkshire Group

My husband and I own a commercial building in Gilpin County, CO. It was a model home for Appalachian Log Homes, situated on a great lot on a scenic by-way in the mountains west of Denver. It is zoned commercial and was my office for over 5 years when I was the broker/owner of Premier Mountain Realty.

Due to our partner's relocating, we pursued a lease with a contract to buy which would close 2 years later. 60 days prior to closing, the buyer walked, leaving us with an empty building in a very slow/dead market.

We are trying to sell or lease the building and have reduced the sales price substantially, below market value as well as substantially below the appraised value.

So, we have maintained the building and have had limited inquiries. I recently received a call from an interested party that was prepared to lease the building immediately.....sounded great...until I found out that they were looking for a location to house a MEDICAL MARIJUANA DISPENSARY.  So, here I am, trying to figure out how not to lose the building, desperate to either rent or sell it....

I, by personal choice, do not smoke cigarettes or other dubies....and I have no problem with the use of marijuana to releave pain or use by choice...I could qualify for a use card here in Colorado....I have a metal plate in my neck and two shatttered wrists....I prefer Aleve....BUT, my building is located at the entrance of a mountain subdivision filled with families, many of whom have young children, including my husband's cousin. To me, it just didn't make sense and I couldn't do it to my friends and neighbors.

I told them no.....I suggested another close community that has many 1960's and 70's residents and I just heard that there are numerous dispensaries there already....

My building is still empty, but I now have someone who wants to put in a coffee shop/light lunch facility with other offerings including yoga classes. I truly hope it works out...Gilpin County needs such a place.

But, if you know someone who want a really beautiful location, just 10 minutes from Black Hawk and Central City, please let me know.

 

My building is still available

Comments (145)

Shelly Whitworth
MorSystems.com - Carmel, CA

Ethics and principles would not deter an educated person in the matter of medical marijuana. It helps those with glaucoma, cancer, those going through chemo treatments who have no appetite, those with chronic illnesses that "aleve" does not help.

Also, why the comment about smoking cigarettes or "dubies"? What do cigarettes have to do with anything? 60's and 70's residents? Wow. So are you saying they are the pot smoking hippies or that they are the ones with chronic illnesses that would benefit from legal medical marijuana use?

I think many posting on here need to do A LOT more research on the matter before they further judge the legal use of medical marijuana for medical reasons. I assure you ethics has nothing to do with it.

Getting addicted to pain killers or self medicating with alcohol for pain is often the other choice, both can cause life long addictions, deaths on the road, and other major medical problems.

Dispensaries do not ever allow for smoking on their premises and often deliver to patient's homes. Legally. If the owner of the business is legitimate, there would be no threat to your community or children near by. The drunk driving home, or the vicodin popping soccer mom is the real threat to their lives as they play in the streets.

My suggestion is more research for many of you.


I feel strongly on this b/c my 87 year old grandmother is currently going through chemo, drastically dropping weight because she is not hungry, her stomach hurts, and it's painful.

 

Jan 04, 2010 05:40 AM
Charles E. Jack, IV
Charles E. Jack Appraisal & Consulting - Las Vegas, NV
MAI

Sometimes emotions, ideals, and moral beliefs sometimes have to be separated from sheer economics in order for one to make a rational business decision.   I feel for you as this will be a tough situation. 

I had a client (an appraisal client) in a similar situation but it was a location that was approved for an adult book store / entertainment use in Las Vegas.  (Many think that these things are on every street corner in Vegas - not true...) 

These were "pillar of the community" types of people.  The only folks interested in the property in an industrial area at the time were these types of users.  They were also willing to pay twice the rent that an industrial user would typically pay in the same area.  So it made huge economic sense but at great consternation of the property owner. 

The hard decision made was to rent the property to the adult use tenants.  However, the owners/landlords could not stomach being involved with such operations occupying their property so they sold the building as soon as possible with these solid renters in place as they did not wish to own a building with those types of tenants.  (These are people with children as well.  She asked, "What do I tell my children?" if they found out.  I didn't have an answer for her.  I told her she may wish to just sell the property and that's what they did.) 

 

Jan 04, 2010 05:42 AM
Sabrina Kelley
ERA Herman Group Real Estate - Woodland Park, CO
Woodland Park Colorado Mountain Homes and Land

Emelyn,

Have you as of yet posted a postlet on AR to get this property really well indexed on Google. Don't give up the right buyer may be lurking nearby very soon. Best of luck.

Jan 04, 2010 05:46 AM
Charles E. Jack, IV
Charles E. Jack Appraisal & Consulting - Las Vegas, NV
MAI

Just a note.  I can't imagine there's any steering violations here at all.  There is NO compulsion for Emelyn to rent to anybody in a commercial scenario. 

I am a commercial appraisal practitioner and I can't even count the number of times that I have seen USE COVENANT / RESTRICTION (CC&R'S) that restrict the types and kinds of uses.  I've seen restrictions for pharmacies, grocery stores, adult uses, industrial uses, cemeteries, restaurants, you name it. 

Typically these covenants are made when there is an ethical, economic, or neighborhood compatbility concern by an owner.  And these typically are upheld in court as valid covenants.   If Emelyn could create a USE COVENANT/RESTRICTION for a medical marijuana dispensary I see absolutely no reason why she couldn't also discriminate against them and refuse to rent to them. 

What is the functional difference?  None...

I think those who are concerned about Emelyn violating "Steering Laws" have been spending too much time in the warped, politically correct world of residential real estate to understand how the game is really played in the commercial arena or how the laws actually work in the commercial arena. 

I believe it is totally Emelyn's call here and her latitude to discriminate against any use is very deep and very broad in my opinion for a commercial property. 

My prior post is just an anecdotal story about how another client of mine solved a similar dilemma.  I surely do not wish to see Emelyn go broke here if this legal use is the only available use for her right now in this horrible economy. 

 

Jan 04, 2010 05:57 AM
Ken Speer
Alpha Global Associates - Phoenix, AZ

Emelyn, tough decision, right choice for you.  No apologies.  Great discussion and diverse opinions. Congratulations.

Jan 04, 2010 06:06 AM
Amy Nakos
Your Castle Summit - Frisco, CO

We are in Frisco, Colorado and own a mixed use building that is mostly vacant.  We hate having to carry it every month.  Almost weekly we are approached by someone wanting to sell, grow or otherwise handle medical marijuana.  We have turned away dozens of tenants and lots of money.  What we find is that is the prospective tenants want to turn a "passion" or "hobby" into a business.   We also find that 99% of them lie to us at the outset about their business plans.  Once it's time to sign the lease, they spill the beans that they are in the marijuana business.  Almost every one has not investigated the town's rules about medical marijuana. 

We don't want the liability that goes with this type of facility.  A few weeks ago in Breckenridge, two young adults, licensed to grow medical marijuana, were severly burned when butane gas exploded in their bedroom - butane being used incorrectly to grow marijuana.  Imagine being the landlord of that apartment!

So, we fight the good fight every day to find an appropriate tenant for our space.  Good luck to you and I hope your coffee shop opportunity works out.  Just double check that it really is a coffee shop!

Jan 04, 2010 07:21 AM
Anonymous
Emelyn Morris-Sayre

Hi Amy and others - the lovely people looking at putting in the coffee shop are locals and have the very best intentions for this property. Fortunately, we are a small enough community, that I can comfortably endorse them...and hope we can make it happen.

Amy, thank you for sharing your difficulties, especially with your close proximity to our mountain community.  With our limited population and the readily available medical marijuana dispensaries within a short driving distance, I find it hard to believe that another one would be successfully viable. The Denver Post supports this view as well.

Good luck to you in 2010.

Jan 04, 2010 07:41 AM
#132
Anonymous
Emelyn Morris-Sayre

Charles, thank you for your comments. I am looking at all options, legal as well as moral decisions, here.

Shelly, my heart goes out to your grandmother and I hope she finds relief in whatever form of medication...including mariuana. I said from the beginning that I have no objection to legitimite medical use of the drug...which has been passed here in Colorado.  Please read my comments after my original blog. There is so much misuse here in Colorado regarding the issuance of "user cards" that I cannot believe that there is need for additional facilities in a very rural area when there are existing "medical marijuana pharmacies" within a 10 minute drive....how many of the 5000 residents of our entire county qualify for such user cards?  Just a point...I do believe that marijuana can help people's pain...until the government says otherwise, let's make sure they (medically prescribed) are the ones that are getting the help!

 I do appreciate everyone's comments.

Jan 04, 2010 08:36 AM
#133
Anonymous
Emelyn Morris-Sayre

Thank you to all who have sent supportive messages.

Thank you also to those who have sent well-thought out comments that challenge my decision. I appreciate your input. I wish I could go in to more detail regarding the property, it's location, the county and what we are encountering here in Colorado....if I have time, I will try to expound.....

To those others....well....I wish you the best...

Jan 04, 2010 08:49 AM
#134
Steve Edwards
Strait Realty - Port Angeles, WA

I strongly believe in karma....... and you made the right choice ...... and looks to me like Positive karma is coming your way....hang in there all will work out fine....Just keep on making good choices...:)

 

Jan 04, 2010 02:51 PM
Eric Helmers
Realty Group, Inc. - Maple Grove, MN
Your Trusted Real Estate Source

I've seen a couple messages wondering how come there are so many dispensaries popping up and who would be doing med. MJ.  Just a couple of quick numbers because I have done some volunteer work with the American Caner Society in the past.  Currently around 550,000 Americans die each year from cancer.  Number one cause of death in both men and women is lung cancer.  Number two in women is breast cancer and number two for men is a tie between prostate and colon cancer.  The last numbers I heard for survival rates was around 60-65% after 5 years.  In 2008 there were 1.4 million new cases of cancer and 565,000 died that year.  The 1.4 million did not include non-melanoma skin cancer.  There were also around 120,000 cases of blindness due to glaucoma.  So over the 5 year trend used for survival rates, 7million will be diagnosed and 2.75 will die from cancer alone.  Cancer and glaucoma are the top two deceases reported to have significant pain relief and diet increase when MJ is used. 

I do not use pot nor do I endorse it's use where it is not lawful, but if this many people are sick and in pain or dying and it's not addictive, I think it's time for a change in the national discussion on legalization and maybe we can start removing the stigma brought on by Cheech and Chong.  Fact is 45% of all Americans have tried pot. Compared to the Netherlands where it is legal, but only around 20% have tried it. (Time Magazine).  I also believe it is an un-winable war that contributes billions of dollars to really bad people and uses up tons of national and state resources our country could be using some place else.   Hope the numbers are as eye opening to you as they were to me!

Jan 04, 2010 10:11 PM
Anonymous
Emelyn Morris-Sayre

Eric - thank you for input and the numbers!

Jan 05, 2010 12:26 AM
#137
Anonymous
Jack Fleming, Weichert, Realtors

We don't have medical maijuana facilities in Pennsylvania so the issue is foreign to me. If it is a legitimate licensed business I'd do the lease. Pain and unrelieved suffering caused by that pain can be sheer hell for those affected.

 

Jan 05, 2010 04:37 AM
#138
Emelyn Morris-Sayre
The Berkshire Group - Lakewood, CO
CRS, REALTOR, Lakewood/Denver 303-517-5116

A friend of mine, Derec Shuler sent over this link to a blog by Denver attorney, Jim Thomas dealing with medical marijuana dispensary leases.

The Denver Post had another article in today's paper regarding medical marijuana dispensaries. This article is about municipalities and how they are trying to deal with the issue.

And on a sadder note - the Denver Post's other article related to marijuana sales .

Jan 05, 2010 05:52 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

I love log buildings. It would be a great place for a coffee shop and less hassle for you than the other use.

Jan 05, 2010 03:36 PM
Walter White
Better Homes & Gardens R.E. / Anderson (Trinity, TX) - Trinity, TX

Take the money...you cannot protect everyone from everything  (in fact, it's unfair, to restrict a legit commercial enterprise because you disagree with it!)

All the nice families can simply drive by without stopping, like they do the liquor stores and Victoria Secrets shop.

You do have a right to limit their signage, make them keep the premises neat, and avoid offensive behavior by themselves and their customers.

Jan 06, 2010 02:21 AM
Anonymous
LeAnn Walters

I have to agree with a previous comment that suggested you used the wrong wording when referring to the '60's and 70's community. I thought myself, what does that mean? I am from the 70's and I wouldn't want a medical marijuana facility in my neighborhood. I do have to tell you though that I applaud you for standing for something you felt was right and watching out for the community because of the family environment. Because you did, something good will come along, that is the way the universe works. I'll keep my eyes and ears open, I'm lived many years in that area and think it is God's country, absolutely!! Hang in there!

Jan 06, 2010 03:34 PM
#142
Charles Stallions Real Estate Services
Charles Stallions Real Estate Services Inc - Gulf Breeze, FL
Buyers Agent 800-309-3414 Pace and Gulf Breeze,Fl.

Come on 60's and 70's were the right answer and was the two worst decades in American history. After it is all said and done those will be the two decades remembered for the fall of America.

Jan 07, 2010 02:14 PM
Bob Force (REALTORĀ®)
Weichert Realtors - Aspen Hill - Mount Airy, MD
The FORCE in Maryland Real Estate

It has been suggested to me that if you remember the 60's, you did not live them.

 

Jan 07, 2010 10:51 PM
Emelyn Morris-Sayre
The Berkshire Group - Lakewood, CO
CRS, REALTOR, Lakewood/Denver 303-517-5116

Bob - I have heard that so many times (smile)....I graduated in '69 and went to school during the early 70's where alcohol was prohibited (unless you were 21+)...grew up with a mother who was a doctor and a father that was a PhD chemist and a lawyer....not exactly the foundation for exploration.....some would say, totally wrong, but I was raised with a conscience....and I didn't want to hurt my folks!

but since I started this discussion, Denver is going crazy ( certainly not because of my blog)....the paper is filled with daily updates on how the legislature is trying to address the issue.  The proposed legislature is going back and forth 180 degrees....

I just hope they come up with a reasonable solution. What is being proposed is pretty outrageous

Jan 11, 2010 10:47 AM