HomeMy WebLinkAboutVIII-17 Denial of Special Use Permit for Retail Cannabis – Leonard McQuen – Kailua Cultivation (1304 Vermillion St)City Council Memorandum
To:Mayor Fasbender and City Council
From:John Hinzman, Community Development Director
Date:August 18, 2025
Item:Resolution: Denial of Special Use Permit (SUP) for Retail Cannabis –Leonard McQuen,
Kailua Cultivation -1304 Vermillion St
Council Action Requested:
Consider adoption of the attached resolution establishing findings of fact for the denial of a
Special Use Permit (SUP) for cannabis retail sales to Leonard McQuen, Kailua Cultivation on
property located at 1304 Vermillion Street. Approval requires a simple majority of Council. The
City Council voted to deny the permit at the August 4, 2025. The application does not meet the
500’ minimum setback requirement from a residential treatment facility as prescribed in City
Code.
Advisory Commission Review:
The Planning Commission voted 7-0 to recommend approval of the request as presented at the
July 28, 2025 meeting. Community Development Intern, Amelia Thibault provided a summary
of the staff report. During public hearing Stephen Weik asked if the number of retail cannabis
permits will increase. Public hearing closed with no further comments. Commissioners discussed
the location of the retail space and the existing low potency cannabis permit held by the business
next door, which would need to cease.
Special Use Permit (SUP) Determination
Certain activities within zoning districts are identified as “Special Uses” requiring issuance of a
Special Use Permit (SUP) prior to operation. The Planning Commission must hold a public
hearing and provide a recommendation to the City Council on the issuance of a SUP. SUP’s
may be approved subject to the establishment of conditions and safeguards as appropriate under
the zoning code. SUP’s may be denied when the use is determined not to be in harmony with the
purpose and intent of the Zoning Code. Specific written reasons for the denial must be adopted
to support the denial. Written reasons for denial must relate to the inability to establish
conditions to ensure protection of public health, safety or general welfare.
Attachments:
•Resolution for Denial
VIII-17
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING A
SPECIAL USE PERMIT FOR THE RETAIL SALE OF CANNABIS AT 1304
VERMILLION STREET FOR LENONARD McQUEN, KAILUA CULTIVATION
WHEREAS, Leonard McQuen, Kailua Cultivation,has applied for a Special Use Permit
for the retail sales of cannabis on property owned by Invest Group (“SUP”), located at 1304
Vermillion St, PID 19-77300-05-121, and legally described as The South 6 feet of Lot 10, and Lot
11, and the North 30 feet of Lot 12, all in Block 5, TRIPPS ADDITION, Dakota County Minnesota
(“Property”); and
WHEREAS, on July 28, 2025, the Hastings Planning Commission held a public hearing
and recommended approval of the SUP on the Property, as presented,based on compliance with
the City Code; and
WHEREAS, on August 4, 2025, the City staff advised the City Council,that after further
review, the proposed retail sale of cannabis does not comply with the 500-foot minimum distance
requirement from a residential treatment facility, which is required in Section 155.07.J.5 of the
City Code,and recommended denial of the SUP on the Property;
WHEREAS, the City Council reviewed the request and concurs with the recommendation
of City staff.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
The City Council hereby denies the SUP for the retail sale of cannabis on the Property based on
the following:
1)The location is less than 500 feet from a residential treatment facility, as measured from
the facility to the use.
Adopted by the Hastings City Council on August 18, 2025.
_________________________________
Mary Fasbender, Mayor
ATTEST:
___________________________
Kelly Murtaugh
City Clerk
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