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Council approves zoning change to allow a cannabis microbusiness greenhouse with conditions
Summary
The council adopted ordinance 1592, allowing a cannabis microbusiness to operate an accessory greenhouse in the town-center district, approved an interim use permit with conditions and granted a variance for a 10-foot security fence; council discussed odor concerns and limited the IUP conditions to better allow non-cannabis greenhouse reuse if operations cease.
The Brainerd City Council approved ordinance 1592 after a final reading to allow a cannabis microbusiness to operate an accessory greenhouse in the town-center zoning district, and it approved an associated interim use permit (IUP) with conditions and a variance for security fencing.
Community development director James Cranvic summarized the applications: the applicant requested a zoning text amendment to permit a cannabis microbusiness accessory greenhouse in town-center, an amendment to an interim use permit to allow cannabis growth of the accessory greenhouse, and a variance from an 8-foot fence limit to the 10-foot fence required by the Office of Cannabis Management. Cranvic said planning commission recommended the council consider each request in order and described recommended conditions for the IUP: no outdoor storage; indoor storage limited to materials incidental to greenhouse operation; indoor growth only; and an initial three-year permit term.
Councilmembers discussed odor management and monitoring. Mr. Chzach and others noted concerns raised in public calls and in an emailed staff memo and asked whether a shorter permit term or an odor-detection condition would be appropriate. Cranvic said council could reduce the IUP term to two years and could add a condition that odors not be detectable by a person with a normal sense of smell at the property exterior or adjoining properties, though he cautioned enforcement can be difficult without objective measurement.
The council amended the staff motion to remove the requirement that the greenhouse be removed within 60 days if cannabis operations cease, noting the structure can be used for other greenhouse purposes (for example, restaurant produce). The amended IUP therefore allows the greenhouse to remain for non-cannabis uses if cannabis operations stop.
After discussion, the council conducted roll-call votes and adopted the ordinance and the amended IUP and also approved the variance request allowing the 10-foot security fence. Votes on each item were recorded in the affirmative by the council.
The council’s approval includes the IUP conditions intended to limit outdoor storage and to require indoor cultivation, and the variance aligns the security fence requirement with state Office of Cannabis Management standards. Staff noted the IUP remains subject to compliance review and that the IUP can be revoked if conditions are violated.
Next steps: the applicant will proceed with approvals under the amended IUP and variance; staff will monitor compliance and respond to any complaints about odor or other violations under the terms of the permit.
