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Council denies interim permit for outdoor cannabis cultivation at Wyoming Trail

Wyoming City Council · August 19, 2025
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Summary

After extended legal discussion, the council denied an interim conditional‑use permit request to allow outdoor cannabis cultivation at 7745 Wyoming Trail, finding the property is zoned R1 (residential) and cannabis cultivation is not permitted there; staff said legal nonconforming status did not cover cannabis because state law treats regulated cannabis differently from ordinary agricultural crops.

The Wyoming City Council voted to deny an interim conditional‑use permit to allow outdoor cannabis cultivation at 7745 Wyoming Trail, concluding the property’s R1 (residential) zoning does not permit either cannabis cultivation or micro‑business operations under current city zoning.

Staff explained the property had operated as a hobby farm before being rezoned to residential and that legal nonconforming status allows continuation of previously permitted agricultural activities. However, staff and the city attorney described a legal analysis distinguishing cannabis from ordinary agricultural crops under Minnesota’s cannabis statutes and the city’s zoning code: cannabis was not a permitted agricultural continuation at the time the parcel changed zoning, so retroactive approval was not supported.

Council members asked whether a rezone of the parcel to an appropriate district or a variance would allow cultivation; staff said cultivation would be allowed in districts the city explicitly identified for cannabis and that applicants could pursue rezoning or other remedies, but that the interim CUP before council did not meet the zoning standards for an R1 property.

The applicant’s representative said the grow would operate under state licensing and noted planned security measures such as six‑foot fencing with privacy slats and CCTV; council members pressed about the difference between small personal grows (allowed for adults under state law up to a statutory limit) and commercial cultivation requiring licensing and zoning compliance.

After discussion, the council moved to deny resolution 25886. The motion passed on a recorded vote; members explained the denial was based on zoning incompatibility and the city’s legal interpretation of state and local statutes.