Application is canceled for Fruita pot shop

The would-be owner of the first medical marijuana shop in Fruita has abandoned efforts to open the business for the moment after a day-care center opened nearby.

Fruita’s new zoning regulations don’t allow medical marijuana dispensaries to locate within 1,000 feet of several facilities, including day cares, schools and parks.

Anthony and Janet Brown of Fruita had applied for a conditional-use permit to open Med Tech within a small commercial building they own at 316 U.S. Highway 6&50.

Anthony Brown said they liked that location because it is visible and close to the Fruita Police Department.

Fruita Community Development Director Dahna Raugh said officials checked last fall with Colorado Department of Human Services for locations of licensed day cares as they were adopting their zoning regulations.

She said shortly after the city created a map and the Browns’ application was going through the review process, a new day care opened within 1,000 feet of the proposed dispensary.

“There’s no way staff could support it, or the city could have approved it, without violating the ordinance,” Raugh said.

The Browns pulled the application before the municipal election earlier this month, in which Fruita residents approved a 5 percent sales tax on medical marijuana. It’s unclear whether the Browns will try to locate the business elsewhere in Fruita.

“At this point, we’re not quite sure,” Anthony Brown said. “We’re holding off.”

Raugh said she gave out nearly a dozen packets to people who had asked questions about dispensaries or expressed interest in possibly opening one after the city adopted zoning regulations last fall. Inquiries had dropped off until the past couple of weeks, when she handed out two more packets.

“The people seem pretty well-prepared and serious,” she said.


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