St. Charles grants Zen Leaf's request for more time to make its case

Zen Leaf representatives will have another chance to plead their case for selling recreational cannabis at their St. Charles medical dispensary.

The business has been petitioning the city for months to permit adult-use marijuana sales in the limited manufacturing district and ultimately allow the special use at its shop, 3714 Illinois Ave.

Both measures received a 5-4 recommendation from the plan commission in December, after which the city council has 90 days to make a decision. But rather than take final action Monday, the city council unanimously approved Zen Leaf's request for a 90-day extension, giving the business more time to "iron out some of the various issues" brought forth in previous meetings, Mayor Ray Rogina said.

Aldermen already cast a preliminary 5-4 vote to deny both of Zen Leaf's applications during last month's planning and development committee. The proposals will now return to the committee for additional discussion May 11.

Recreational pot dispensing is allowed as a special use in the community business and regional business zoning districts, according to regulations approved in October.

Zen Leaf's shop is outside those permitted areas. But it's also the only business that qualifies for a specific provision set by aldermen: One of the two dispensaries allowed in town must be linked to a medical cannabis facility that has operated in St. Charles for at least a year.

Rather than extend the special use into another zoning district, which requires changing the original ordinance, some aldermen have said they'd prefer to see Zen Leaf relocate to a more retail-friendly part of the city.

The problem is that the dispensary's state license is tied to its existing location in the St. Charles Commons complex. Waiting for a legislative amendment that would allow the company to move - and then finding and getting approval for a new site - could be detrimental to Zen Leaf's business plans, officials have said.

The coronavirus pandemic adds a new level of uncertainty to the situation, attorney Tyler Manic said in a letter to the city.

The extra 90 days gives Zen Leaf time to work with the city and neighboring businesses on any potential conditions that could be added to its applications, such as a sunset clause, he said.

Under contract to buy the unit next to Zen Leaf, Aamir Bandukda said he opposes having recreational pot sales in the building and was hoping the issue would be "put to bed tonight."

Rogina said the time extension offers him and other property owners another opportunity to voice their opinions.

"You can't knock St. Charles for not thoroughly vetting an issue," he said.