OCALA, FL (352today.com) – The Marion County Planning and Zoning Board unanimously recommended approval of a special use permit request with conditions, for a monthly flea market at an American Legion Post in Dunnellon, at their meeting on Sept. 29, 2025.
The item will come back before the Marion County Board of County Commissioners on Oct. 20 at 1:30 p.m.
Carl (CJ) Kester serves as the post commander of the Wall-Rives American Legion Post no. 58 and was requesting a special use permit to allow for an outdoor flea market on a 1.69-acre parcel. The site address is 10730 S. Hwy. 41, just north of the City of Dunnellon.
Five owners were notified prior to the planning and zoning meeting. No letters of opposition were received until the time of the meeting on Sept. 29. The land is currently zoned for commercial use.
The surrounding area is composed of state property, with both commercial and residential property located nearby–the Chatmire community is directly across the way on U.S. Hwy. 41.
Bringing the Flea Market Up to Code
Until now, the American Legion post has been operating without a special event permit or permission from the county to carry out operation of the flea market on a monthly basis. The post has been operating a flea market on the site for a number of years. They operate on a weekend day, either a Saturday or Sunday, and they lease spots out.
The county had the American Legion post put together a list of the different activities that they hold annually, with many of them being military remembrance days and certain holidays. However, the monthly flea market is the largest event that occurs. The other events typically take place inside the American Legion Post, although they do hold flag retirement ceremonies outside.
The request for a proper permit came about as a result of a code case. Planning and Zoning Board staff are recommending approval, to bring the post and market into compliance. There are five conditions that an applicant would need to meet to come into compliance that are fairly standard. The permit would only apply to the American Legion post; if there’s any change in ownership, leasing or outside use of the site, the special use permit would be terminated. The flea market operations are limited to one weekend per month, on a Saturday or Sunday or 12 times per year.
There Was a Dissenting Voice
David Porter, Dunnellon, representing landowner J.H. Lybass Jr. Family, LLC, spoke in opposition of the special use permit request.
The family LLC owns approximately 45 acres, with approximately 2300 linear feet on U.S. Hwy. 41 across the street from the American Legion Post no. 58., said Porter, with the family asking the board to deny the request, citing the high-volume traffic density and congestion that’s only going to get worse because of the area’s exponential growth. Porter also mentioned that the J.H. Lybass Family, LLC has been working with the county to close off one of the four entrances to Chatmire before his time before the board expired.