Shorewood council approves ordinance easing restrictions on nonconforming properties after reconsideration

The Shorewood City Council approved Ordinance 620 on May 27, 2025, changing how the city regulates nonconforming lots and structures, after an initial 2–2 vote and a successful motion to reconsider. The final vote to adopt the ordinance was 3–1 (Councilmember Sanschagrin opposed).

Planning Director Eric Griffiths framed the amendments as an update to align the city’s zoning code with state law and the 2040 Comprehensive Plan direction, saying they are intended to reduce the number of variance requests homeowners must file for routine, code-compliant improvements. City Attorney Shepherd cited Minnesota Statute 462.357, subdivision 1(e) as the legal basis for several of the proposed provisions.

Councilmember Gorham criticized portions of the draft as vague and argued they relax long-standing local controls. “This feels like it’s letting nonconformities persist and expand without sufficient council oversight,” Gorham said, pressing staff for examples and the state-law text referenced by counsel. Planning Director Griffiths and City Attorney Shepherd responded that the language was taken from statute and legal precedent and noted that the code still requires conformance with other zoning standards and allows for appeals.

Councilmember Maddy emphasized the cost and time burden of the variance process, noting that the staff estimate for a variance application was roughly $1,000 in fees and an additional period of 90–120 days for processing; Planning staff said building-permit fees typically start around $75. Supporters of the ordinance framed it as a way to let property owners make improvements that do not increase nonconformity without the expense and delay of a variance.

The ordinance was first moved and seconded earlier in the meeting but failed on a 2–2 vote. Councilmember Gorham then moved to reconsider; that motion passed, and on reconsideration the Council approved Ordinance 620. The Council also adopted Resolution No. 25-051 directing publication of the ordinance.

The city attorney noted that state law would govern nonconformity issues regardless of Shorewood’s local code choices; opponents urged narrower language to preserve neighbor notification and clarity on what expansions are allowed. The ordinance includes criteria tied to discontinuation of use (e.g., occupancy discontinued for one year or more) and damage thresholds (e.g., 50 percent) that reflect statutory language.

The ordinance will be published per the adopted resolution and take effect according to the publication schedule. The Council noted the option to appeal administrative decisions under the updated code.