IS THE WEST END GOING TO POT?
Another Cannabis Shop Planned For Denman

Miko Abuyen at Lost Lagoon art and framing — soon to be Muse Cannabis.

by John Streit
When Miko Abuyen took over running Fast Frames on Denman Street last year, she figured it would be for the long term. “I worked for Fast Frames for six years and then COVID-19 hit in March and the store closed. I didn’t want to give up on the picture framing industry, so I kept on going and that’s when Lost Lagoon Framing happened.”

Fast Frames had been around since 1974. However, the landlord at 999 Denman Street had other plans for the sweet West End location inside a heritage building. Soon, a large Development Permit Application sign for a potential cannabis retail location was installed in the window, right alongside all the art for sale. Abuyen was given a month-to-month lease as the process made its way through Vancouver City Hall.

Initially, there was good news for the former film industry prop maker and her staff. On November 18, 2020, the Director of Planning refused the application from Muse Cannabis. However, the city allows applicants to appeal these decisions under the Vancouver Charter and Muse did just that.

Inspired Cannabis, recently opened at 1710 Robson.

On December 15, 2020, the appeal was heard by the city’s Board of Variance (BOV) and it overturned the decision of the Director of Planning. A Development Permit for 999 Denman was issued on January 6, 2021. Muse Cannabis now has permission to do interior alterations and once open, will be allowed to operate from 9 a.m. to 11 p.m seven days a week.

Abuyen was shocked at the decision. “The locals are quite surprised that Muse Cannabis got approval. King George Secondary School is so close by and city hall pretty much broke their own laws regarding the distance. Also, I don’t know if a lot of people know about this but right in front of our door is a school bus stop for children. At 3:30 p.m. all the families are waiting outside for their children.”

In fact, guidelines for prospective pot shop applicants are explicitly stated on the City of Vancouver website. Step 1 is to “meet municipal requirements” which includes “the location must be in a commercial zone and at least 300m away from schools, community centres, neighbourhood houses, youth facilities that serve vulnerable youth and other cannabis businesses.”

Dutch Love, another recent addition to the West End cannabis scene, at 1173 Robson.

The West End Journal (TWEJ) submitted a Freedom of Information request to the city about the Muse Cannabis application. We found out it was initially rejected largely because 999 Denman is less than 300 metres away from King George, Lord Roberts Elementary, the West End Community Centre, and an approved cannabis store at 1710 Robson Street.

However, in a letter to the Board of Variance after the rejection, Muse claimed: “the strict application of the Zoning Bylaw would impose an unreasonable restraint and unnecessary hardship on the use of the property inconsistent with the general purpose and intent of the zoning bylaw.”

The applicant also says there are no alternative locations on Denman, noting “by walking distance, the site is 130 m from King George Secondary and the West End Community Centre, and Lord Roberts Elementary is 320 m away. These three community buildings are in an urban setting. There are three liquor stores within walking distance as well as three vaping stores, and a wide mix of all the people, goods, and services associated with an urban neighbourhood —including residential uses and retail shops, as well as nearby bars and nightclubs. Muse’s proposed store will fit within that wide range of uses.”

Vancouver City Councillor Sarah Kirby-Yung continues to look into the decision to allow another cannabis store on Denman.

The BOV agreed and granted a limited time or temporary approval of two years. After two years, Muse Cannabis can request an extension. The retailer also needs a provincial cannabis retail license after which it can apply for a yearly $33,958.00 municipal business license. The City says a license is only issued after building and occupancy permits are closed, and a City inspection is complete. There are nine locations in the West End that have a municipal development permit, and two that have a provincial licence and a business licence to legally operate a cannabis retail store. Illegal pot shops have hardly been stamped out, with the black market for marijuana continuing to bud in our neighbourhood.

Vancouver City Councillor Sarah Kirby-Yung says her first thought about the Muse Cannabis approval was “how could this have happened?” She stresses we have very clear cannabis proximity guidelines for a very good reason. “From my point of view, that they (pot shops) not be near schools and community centres, and yet it passed. I understand that the Board of Variance overturned staff not issuing a development permit to this particular operator. I understand that this has happened on several occasions with the Board of Variance. I do have a concern. I’m not aware of a rational reason to detour from the city guidelines which were put in for a good reason to respect different uses in the neighbourhood.”

Stephen Regan, executive director of the West End Business Improvement Association, says the BIA supported the Muse Cannabis application despite location concerns. “City zoning tools are kind of blunt instruments at the end of the day. Even a place like Davie Village, if you were to strictly look at the 300-metre rule door-to-door, you’re pretty close to Lord Roberts Annex in a number of cases. 300-metres was somebody’s reasonable best guess, trying to achieve separation. When you start putting these bubbles around each school or community centre, you almost don’t have any space. There’s almost no square inch of commercial real estate that you could have retail cannabis. That’s where the Board of Variance goes ‘okay, here’s the guideline, here’s the 300, what’s practical, what can the market tolerate.’ I think the City wants the market to sort itself out and it’s got these regulations. Our feeling as a BIA, not being a regulator, is there needs to be some flexibility.”

The Medicinal Cannabis Dispensary at 1182 Thurlow. One of, if not the, longest-standing cannabis outlets in the West End, they remain unlicensed.

But Kirby-Yung disagrees. “These rules were put into place in the context of a city. We do have an urban environment. Most of these types of stores tend to operate on commercial high streets or busy areas and manage to find locations that can be approved. We do need to retain, even if it’s in one of the more dense neighbourhoods in the city like the West End, those protections for kids and community centres. There was a very clear logic and intent in putting those property guidelines in place and I think consideration was given at the time to the nature of the urban environment that we live in.”

In its letter to the BOV, Muse Cannabis said it “connected with residents of the West End and shoppers on Denman Street” and collected 300 letters of support for its application. The support letters were attached to the application along with a link to a slick TV news “streeter style” video .

Sarah Kirby-Yung says she is looking into the Board of Variance decision. “I have put in an inquiry to city staff and have asked to have a further discussion or briefing because this is not an isolated incident. I understand with the Board of Variance there have been several cannabis store decisions that they have overturned.”

Regan says the BIA supported Muse despite “feeling badly” about Lost Lagoon Framing. “But if the landlord wants to cut a new deal and strike a new lease with somebody else, that’s a shame but sometimes that’s how the world works. I think the City and BIA’s hesitate to get into that market and try and pick winners and losers. A rule of thumb that has emerged for the BIA as a policy is supporting one license per retail precinct.”

In a general discussion about pot shops on TWEJ’s Facebook Page, Jill Taylor laments their growth in our neighbourhood. “They have displaced a number of much more attractive shops that presumably could no longer afford the high rents. I’d be much more interested in and have always supported a local bookstore, flower shop and art supply store. I also hate the diminishing number of window displays, being replaced by the ‘blind eyes’ which is what I call the etched glass/grey film of pot shop windows. Perhaps pot shoppers could shop online, and we could return to the ‘good old days’ of having a vibrant retail scene.”

Jon Pare feels this green change is good. “I'm not too fussed about it. It's now legal and clearly, there's enough demand at the moment to sustain all of them. Things will eventually change, and many will be replaced with a bubble tea bar or whatever the trend of the future will be.”

Kailey Quinn is interested in a mixture of options in our community. “I am happy with a few cannabis stores and a few flower shops, and restaurants and bookstores. Options and small local businesses are what makes a community a community, not the fact that it sells a certain item.”

Suzanne Steele writes “flowers and food are what we need for our community. I'd say the same thing if booze shops popped up as frequently.” Shilo Darling has no problem with more pot shops. “They literally cause no issue. Are there too many dollar stores? Too many pho restaurants? Too many kids’ clothing stores? I’ve only ever seen people happily buying their weed and going about their business.”

Back at Lost Lagoon Framing, the Development Permit Application sign is down and Miko Abuyen has to be out by the end of February. “I was left behind, I didn’t know what was going on, just the locals telling me what’s happening,” she says.

So how does it feel as a new business owner having to go through this?

“I guess it is what it is. We’re just looking for a permanent spot. We knew we wouldn’t last in this location because the rent is crazy high and there is no way we can afford it long term.”

Abuyen says her devoted customers are pretty shocked and bummed out. “Right now, it’s really hard to find a smaller space around here. You don’t know if the landlords are the greedy ones or the good ones.”

In the March issue of The West End Journal we will take “A Closer Look” at the illegal cannabis shops in the West End.

EDITOR’S NOTE: Miko Abuyen has found a new location for Lost Lagoon on the main floor of Denman Mall, adjacent to the lottery kiosk. She expects to be open by mid-March.