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Council tables rezoning request for 7745 Wyoming Trail, schedules closed-session legal review
Summary
The council declined to act on a rezoning application for 7745 Wyoming Trail and voted to table the item for further legal review; staff and the planning commission had recommended denial citing spot-zoning concerns and inconsistency with the 2022 comprehensive plan.
The Wyoming City Council on Nov. 4 chose not to deny a rezoning and comprehensive-plan amendment request for 7745 Wyoming Trail and instead tabled the matter for further legal review, scheduling discussion at its Nov. 18 meeting and planning a closed session to address a letter from the applicants attorney that raised potential litigation.
Staff member Miss Lindquist told the council the application sought to rezone the approximately five-acre parcel to agricultural use and amend the comprehensive plan accordingly. She said the planning commission and staff recommended denial because the proposed agricultural designation appeared to be a non-contiguous "spot zone" that is not consistent with surrounding R1/R2 residential districts.
The city attorney explained the council exercises quasi-legislative discretion on rezonings and cautioned that each application should be judged on its facts; he added that, under "Minnesota statute 50 99," the city must act within 60 days on land-use applications and that failure to act could result in the application being deemed approved. The attorney also said the council could table the item and address legal issues in closed session because the applicants attorney had raised threats of potential litigation.
A motion to deny the rezoning (Resolution 25-11-104) was made but did not receive a second and therefore did not proceed. The council then moved and seconded to table the application and hold a closed session to review the applicants attorneys letter; the motion carried on a voice vote with one recorded "nay." The item will be returned to the Nov. 18 agenda.
Council members raised questions about historical notice for prior mapping decisions (1996, 2008 and 2022), and staff said minutes exist for the earlier hearings but the original affidavit of publication for the 1996 map could not be located in old township files. The council did not take final action on the rezoning at the Nov. 4 meeting.
