Two local entrepreneurs are seeking a zoning amendment to allow them to open a cannabis retail shop across Second Avenue from Shipyards Park.

Jordan Stackhouse and Daniel Schneider appeared before city council Monday to seek the amendment that would allow them to operate the store at a distance of no fewer than 100 metres from a school.

Under the territorial Cannabis and Control and Regulation Act, cannabis retail stores must be at least 150 metres away from any secondary school, they pointed out.

Stackhouse said the required 150-metre buffer, however, puts them too close to the Individual Learning Centre.

Neither the city’s development review committee nor the Yukon government has raised any concern with reducing the buffer, Stackhouse said. The government gives municipalities the ability to reduce buffers, he added.

With the existing rent of between $7,000 and $8,000 a month in the same building as Marble Slab, Stackhouse said they are hoping to have a quick decision from council.

Administration noted the zoning amendment must go through the regulated bylaw process, putting the final decision on second and third readings to Oct. 10. First reading of the bylaw is scheduled for this Monday, and if it passes, a public hearing would be scheduled for Sept. 12.

Administration is recommending the bylaw be brought forward for consideration.

The administrative report prepared for council says the rezoning does align with the intent of the Official Community Plan.

The city’s zoning bylaw prohibits restricted retail services from being within 100 metres of a temporary shelter, a lot that provides for youth at risk or people suffering from substance abuse, a lot zoned for parks and recreation with a play structure or within 100 metres or another lot zoned for restricted retail services.

“The subject site is located more than 100 metres from any known temporary shelters, substance abuse treatment centres, youth at risk facilities, neighbourhood parks with play structures and other cannabis retail stores, as required by the Zoning Bylaw provisions,” says the report.

It says city staff met with the Yukon Liquor Corp. (YCL), which indicated it had no strong objections with the proposed zoning amendment.

The YCL researched the reasoning for the 150-metre buffer in the act and undertook a jurisdictional review of other legislation with school buffers.

“YCL could not find a rationale for the specific distance or evidence of greater harm occurring between 100 and 150 metres,” says the report. “They advised the buffer is not a critical piece of youth protection in this instance as other requirements will remain.”

The report says the Department of Education advised they did not have a strong objection with the buffer changes in general, but said any proposed change must be examined individually as to how it may affect the school community.

“If this application is brought forward for consideration under the bylaw process, a public hearing notice will be sent to the Department of Education advising that they may comment on the proposed amendment through verbal or written submission,” says the report.