Business owner testifies about process that led to Dec. 16 public hearing
On Dec. 16, as the Sarasota County commissioners worked through their 63-item agenda — with the work not having begun until after they heard nearly three hours of public comments on an array of issues — they were amid a series of what are dubbed “Presentations Upon Request” when a question arose about plans for a medical marijuana dispensary that would stand at 7349 S. Tamiami Trail in Sarasota.
Staff typically schedules board consideration of business as a “Presentation Upon Request” if the topic is not expected to be controversial. As the title implies, the commissioners usually do not ask for staff remarks during those hearings, though public comments always are allowed.
After Chair Joe Neunder read Item No. 56 into the record, Commissioner Ron Cutsinger asked for clarification about the location of the proposed business, whose owners were seeking the necessary board approval before opening the dispensary.
(Formally, the application was submitted by Eden Florida LLC. The Florida Division of Corporations records show that Eden Florida Holdings LLC is located in St. Petersburg.)
In years past, when Mike Moran still was serving as the commissioner for District 1, the board members agreed to limit new dispensaries within a certain distance of other dispensaries. They stressed that they did not want clusters of those businesses, expressing worry that problems might arise in such a situation.
On Dec. 16, county Planner Everett Farrell showed the commissioners a map depicting the locations, noting the site of the one under consideration that day. He added that, in 2019, the board members seated at that time approved the necessary Special Exception for a dispensary to occupy a building standing just south of the intersection of Gulf Gate Drive and South Tamiami Trail. The new business would be “within Coral Cove Mall,” the Dec. 16 county staff report said. The vacant building is zoned Commercial General, that report noted.
The location comprises 0.40 acres, the county staff report said, while the building has 2,335 square feet of space.
“We do not plan to make any significant modifications to the exterior,” the Eden Florida application said.
During the hearing, Commissioner Cutsinger told Farrell that he recalled the board’s denial of the Special Exception application for a dispensary at that site, given its proximity to other dispensaries. Cutsinger referenced the nearby “cluster of dispensaries” on the map, which — he said — meant that the proposal for the new one was not compatible.
Chair Joe Neunder told Cutsinger, “I happen to agree with you 110% on that one.”
Commissioner Tom Knight agreed with them.
After Curtsinger made a motion to deny the Special Exception application before the board that day, County Attorney Joshua Moye recommended that Neunder allow the applicant, who was present, the standard 5 minutes for rebuttal during a public hearing.
A woman with a baby in a carrier strapped to her chest came up to the podium. Identifying herself as the applicant, Viyda Junco explained that a member of the county Planning Division had told her and her team that a Special Exception already had been approved for a medical marijuana dispensary at the 7349 S. Tamiami Trail site. That was why she moved forward with the plans, she added.
Later, Junco continued, she learned from another county staff member that the Special Exception had expired.
Nonetheless, Junco said, “The county issued us a full building permit and a COC. (The Elite Permits website explains that “COC” stands for Certificate of Completion, in regard to a building where modifications were made after a Certificate of Occupancy was issued for the structure.)
Junco added, “And now I’m not totally understanding why we would be denied if [the Special Exception] was previously approved. … I would love to see if you guys would consider approving this site, as we did a full build-out” before another county employee told the team that the Special Exception had expired.
She indicated that the latter notification had occurred as she was seeking a Business Use Permit. The county website explains, “The Business Use Permit is the last step for new commercial construction and allows for the business occupying the building or tenant space to open to the public and conduct business. It is also required for any business moving into an existing commercial space, adding additional space to an existing business or when there is a change of use or ownership.”
County Attorney Moye then explained to the commissioners that county regulations allow a certain period of time for the applicant who has been granted a Special Exception to begin the approved use.
“It’s changed hands,” Commissioner Teresa Mast pointed out of Junco’s circumstances.
Moye also said that he believed a different Special Exception that was denied was the one Commissioner Cutsinger had recalled.
Then Chair Neunder asked Planner Farrell for more information.
Farrell noted that the Special Exception won commission approval in 2019. “This was one of the earlier medical marijuana dispensaries,” he added. (The Sarasota News Leader reported at that time that it was the fourth one to win approval.)
After a Special Exception has been granted, he continued, the applicant has 24 months to begin action at the site, including pulling building permits, for example — “whatever that Special Exception was for.”
In this situation, Farrell said, “The previous applicant did not begin within the 24 months,” so the Special Exception expired.
“This predates most of us on the board,” Chair Neunder responded. Then Neunder summarized Farrell’s prior statement, in an effort to be certain of the circumstances: The Special Exception was not used within the two-year timeframe.
“That’s correct,” Farrell told him, adding that another business ended up occupying the site. He said he believed it was a Sherwin Williams paint store.
‘Just a formality’
At that point, Neunder noted that Junco had testified that someone on county staff had indicated to her that it would be “just a formality” for Eden Florida to get approval for the proposed dispensary. “I’m not exactly sure how that line of communication was crossed,” Neunder added.
“Can you help me understand that?” he asked Farrell.
Junco and her team did pull the building permits for commercial renovations, Farrell responded. “It was caught at the Business Use stage,” he continued, “that the Special Exception had expired.”
“OK,” Neunder said.
Commissioner Cutsinger asked Farrell, “When they applied for the permits, were they told that this would be an acceptable use for what they were building out?”
Farrell indicated that he had no knowledge about what other county staff members may have told Junco and her team. “I do know that that is their understanding, that they had applied and were under the impression that they had an active Special Exception,” Farrell added.
Commissioner Teresa Mast asked whether someone with the business that had received the Special Exception told Juno about having won that approval, or whether someone on staff had told her. “That’s the question, right?”
“Well, this is, you know, unfortunate,” Cutsinger said. “Was there anything to show that we were giving them bad information?”
“I don’t have any information on that, unfortunately,” Farrell told Cutsinger.
County Attorney Moye pointed out that one option for the board would be to grant a continuance of the hearing. Otherwise, he said, Junco would have to wait a full year to apply for a Special Exception, in accord with county regulations.
Cutsinger withdrew his motion for denial and said he could substitute a motion for a continuance, so staff would have time to find out what exactly had transpired with the communications to Junco.
However, Mast asked, “What does that do for the current business owner?” Mast noted that Junco had testified that she and her team had completed a full buildout.
Without the Business Use permit, though, “They can’t operate,” Moye said. That was why he had suggested the continuance, he added.
Then Neunder noted, “Commissioner Mast had a really good question.”
After Junco came back to the podium, Mast asked her, “Was it information you received from the previous owner,” or Junco’s landlord, about the prior Special Exception. (Junco told Mast she is a tenant of the building where the dispensary would stand.)
Both county staff and the landlord told her about the approval of the Special Exception, Junco said; “that it was valid, and it would transfer.”
She added that she was nine months pregnant when she visited a county office and was told that the Special Exception would transfer to her after she went through the whole permitting process and then reached the Business Use stage.
Yet, after she received the building permit, Junco continued, someone on county staff told her the Special Exception had expired, “and we just [needed] to go through the motions to get it approved.”
“Who told you it expired?” Mast asked.
“The county,” Junco said.
Then Mast told Neunder she felt the continuance would be the best step. “I’m kind of leaning that way myself,” he responded.
“I agree [on the continuance],” Commissioner Mark Smith said, so Junco would not have to wait a year to reapply.
Smith also recommended to Junco that she gather together “all the paperwork, emails,” whatever she had in writing, so the board members could try to figure out exactly what had transpired.
“OK,” she responded.
Clarifying Cutsinger’s denial motion
Then Junco asked for clarification that Cutsinger had made the motion for denial because of concern that her business would be part of a cluster. She pointed out that it would be located the required distance from any other dispensary.
“Is there a different buffer zone we’re not aware of?” Junco asked.
“There’s no set thing,” Cutsinger responded, referring to the cluster issue. The commissioners just do not like to have too many medical marijuana dispensaries close together, he added.
It would be helpful, Cutsinger told her, if she would be willing to accept the continuance instead of a denial. “I’d just like more information from our staff,” he added, in regard to the permits she had received. “You got misinformation.”
“There’s serious economic harm if this gets denied,” Junco replied.
If the commissioners agreed to a continuance, Mast recommended that the hearing be rescheduled for the board’s first meeting in 2026, on Jan. 13. Mast noted that Junco already had spent money on the business.
“I got the permit in August,” Junco said. “I have staff hired,” she added, her voice wavering. “We were given all sorts of incorrect information here. … We do meet all of the criteria. We are the first and only family-owned one of these [dispensaries] in the state,” she added.
After hearing those remarks, Mast made a motion to approve the Special Exception, and Commissioner Tom Knight seconded it.
“God bless you all, and Merry Christmas,” Junco told the board members.
“We haven’t voted yet,” Mast pointed out.
“Well, still, God bless you all and Merry Christmas,” Junco said again.
“Thank you for your testimony and your honesty,” Cutsinger told her. “That’s very important to us.”
“It definitely is,” Mast added.
Junco noted that 75% of her workforce is made up of veterans, “and we’re looking to be good neighbors.”
The vote ended up being 5-0 to approve the Special Exception.