The owners of a cannabis store in Calgary have won an appeal of a decision to refuse an application based on a distance requirement from a nearby school that opened two years after the store opened.
The store, listed as licensed by the Alberta government since 2020, operated without interruption until May 10, 2024, when the Development Authority of the City of Calgary issued an infraction notice for operating within 150 metres of a school.
Court records say the store, Magic Buds, located at 2105-19605 Walden Boulevard SE in Calgary, operated with no problem for 25 months with no notice that its development permits had expired. The store had continued to renew its business licence annually.
After the development permit had expired—but before the infraction notice was issued—the city’s development authority approved a private school, Bearspaw Christian School, at 20200 Walden Boulevard SE, 82.31 metres from Magic Buds, requiring a relaxation of 67.69 metres.
The Development Authority also approved a daycare next to the store location, placing it within a 10-metre setback identified in Alberta’s Cannabis Store Guidelines.
Following this, the owners of Magic Buds had sought a development permit, but in January, the city refused the application of Jasvir Korotane, on behalf of Magic Buds, for a Change of Use to Cannabis Store at that location in the community of Walden.
The Development Authority had refused the application due to non-compliance with the 150-metre minimum separation distance from a private school, as required by the Land Use Bylaw. The relaxation of the distance requirement would have been by more than 45% from the 150 metres. The land use bylaw says the Development Authority is not authorized to grant the relaxation and is therefore required to refuse the application if the proposed separation is less than 90 percent of the required 150-metre distance, even though there were no objections to the application.
The cannabis store owner—who operates two locations in Calgary, including the Walden Boulevard location—submitted that the retail location is otherwise compliant with the bylaw and that the school parcel in question is “unusually large,” which they argued should be considered in assessing the requested relaxation.
The store owners noted, through legal counsel, that a liquor store is operating in the same commercial plaza where the cannabis store is located. It was already in operation prior to the approval of the school and has continued to operate since that time.
The school building is also set back an additional 195 metres, meaning the actual physical separation between the store and the school building is over 275 metres. The properties are also separated by a major four-lane roadway with significant traffic volume.
The board of appeal found that there is no evidence of any negative community impact, and the school operator did not oppose the development.
Because of this, the store owner’s appeal was granted, finding that the proposed cannabis store is compatible with the surrounding area and aligns with the city’s planning objectives.
The decision of the development authority to refuse the application was overturned, and a development permit shall be issued, subject to certain conditions.
Featured image via Google Maps
