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Commissioners will follow attorney rec.
ODESSA — An application to acquire a conditional use permit for an indoor marijuana production and processing facility just north of town was denied by the Lincoln County Commissioners per an attorney’s recommendation Monday, Aug. 7.
The facility, which would have been at 5458 State Highway 21 North, was applied for by Zack Schmelebeck on Ervin Schmelebeck’s land.
Wilbur-based attorney and former Lincoln County District Court Judge Joshua Grant, acting as land use hearings examiner, recommended the permit application be denied because the marijuana facility would be within one-half mile of a residence in a Zoom hearing July 12.
The commissioners unanimously followed the recommendation as requested by Lincoln County Planner Courtney Thompson Monday. An appeals process is possibly coming, Commissioner Rob Coffman said.
The facility would have been built next to an outdoor grow that is already in place through a grandfathering process on Schmelebeck’s land.
Lincoln County Zoning Code 17.01.075 requires a one-half mile setback for either outdoor marijuana production or any processing, Grant interpreted.
His recommendation came after a two-week hearing process for both sides to submit briefs on the process, according to meeting documentation.
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