•  The Zoning Administrator is taking the position that a facility with exposed wires & decades-old electric kilns is a safe environment for lower income children. 
• Monopolistic practices hurt both the downtown community and the City of Tucson.
• The “school” is located between 2 liquor licenses, including 1 in the same building. There are some state laws about that.
• The “school” does not have permits or pictures to demonstrate code-compliant fire suppression systems.
• The building that the “school” is located in is classified under the retail tax code according to the Pima County Assessor’s office.
• The “school” can only accommodate 5 people in its showroom & appointments are required according to its website.
• The “school” has a Certificate of Occupancy as an “art studio” and does not meet current development standards for a school.
• Concerns about safety and insurance status should be taken seriously as large ovens, electric kilns, alcohol and children in one old building with a lack of fire suppression systems are a bad combination.

• When the Zoning Administrator took the position that Tile Works is a school, did they verify that it is in compliance with the ADA (Americans with Disabilities Act)?
• Is there an insurance company that is willfully underwriting an educational facility where children are attending classes around old electric kilns without fire suppression systems like sprinklers? 
• If Tile Works was really a school, what would be the maximum occupancy limit under the current City of Tucson Unified Development Code for educational use? Is Tile Works currently in compliance?
• If a building does not meet fire & other public safety codes for a school use, who is liable in the case of an accident if it is not privately insured for a school use? Is it the City of Tucson and its taxpayers because the Zoning Administrator said it is a school?
• If this ruling by the Zoning Administrator is not overturned, what stops competing bars, liquor-licensed restaurants, marijuana facilities & other strictly zoned businesses from opening up fake “schools” to stop competition from entering the same area?

The Downtown Dispensary has been working to expand its space since 2019 when they signed a lease to take over the whole building as well as the adjacent parking lot at 500 N 6th Avenue. In 2021, Mayor & Council changed the zoning ordinance so that dispensaries like Downtown can use 10,000 square feet as licensed space for cannabis sales. Today, Downtown Dispensary pays for almost 14,000 square feet but uses less than 4,000 square feet for the dispensary. Supporting this appeal is the only way to fix the problem outside of litigation in Pima County Superior Court.

Elisa Hamblin, AICP
520.837.4966