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Commission recommends variance to allow cannabis dispensary within 250‑foot residential buffer

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Summary

Commissioners forwarded a variance to allow a cannabis dispensary at the former Illinois Bank and Trust site on Route 173 despite the village requirement that cannabis businesses be 250 feet from residential uses; staff recommended approval because the site is in a commercial corridor and the building‑to‑building distance exceeds 250 feet.

The Machesney Park Planning and Zoning Commission voted May 27 to forward Ordinance 21‑25, a variance from the village’s 250‑foot distance requirement between cannabis business establishments and residential uses, for a proposed dispensary at the former Illinois Bank and Trust Southwest building at the intersection of Route 173 and Continental.

Carrie, a planning staff member, explained the village’s local requirement that cannabis business establishments be “at least 250 feet away from residential uses measured from lot line to lot line.” She said that because apartments on Adamson back up to Kimber south of the subject property, the lot‑line measurement in this case was “only 30 feet rather than the 250 feet,” but staff nonetheless recommended approval because “this is commercial corridor” and the redevelopment of the vacant bank is beneficial to the area.

Applicant Marvin Keys, who identified himself and provided his address, told the commission that the building‑to‑building distance actually exceeds 250 feet but that “the way the ordinance is worded, it’s lot line to lot line, so that’s why it’s such a short distance.” He described the proposed operation as a normal retail business subject to state licensing and security regulations and confirmed a drive‑through would not be permitted under state rules.

Commissioners asked about the rationale for the 250‑foot standard and were told the setback was modeled on ordinances in other municipalities and is a local regulation, not a state requirement; state rules address distances from schools but not residential uses. The commission agreed the findings of fact supported a positive recommendation, and the item was forwarded to the Planning and Economic Development Committee on June 2 at 5:30 p.m. for next‑step review. The applicant noted that a state license would still be required.