PERMIT LIKELY FOR GUERNEVILLE POT DISPENSARY

A Sonoma County zoning board Thursday is set to approve an operating
permit for the Guerneville medical marijuana dispensary Marvin's Gardens.

Formerly in Rio Nido, the shop has been open in its present location,
on Armstrong Woods Road next door to the Community First Credit
Union, since October 2009.

Both the Guerneville Regional Library and a public plaza are within
200 feet of the shop. But county officials have recommended permit
approval, finding the pot facility does not conflict with the
county's dispensary ordinance, which limits the proximity of such
businesses to places that primarily serve youth.

The library and plaza don't meet that description, county staff said.

A previous legal dispute between the county and attorneys for
Marvin's Gardens led to a December 2009 court ruling in which a
Sonoma County judge struck down the county's dispensary ordinance. It
was reinstated by a state appellate court a year ago.

Four dispensaries, including two approved by planning commissioners
last month, now operate under the rules.

Five others are operating on an interim basis while they complete
their permit application -- a group that included Marvin's Gardens --
or are continuing to do business outside the county code, officials said.

The Board of Zoning Adjustments is set to take up the issue at 1:30 p.m.