Revised October 28, 2024
Note: This article has been edited to remove the LMC language for “practical difficulties.” Instead the language of Shorewood Code Sec. 1201.09 is included which is more specific to the relevant matters.
The Shorewood City Council may want to allocate time to discuss an overall policy focusing on variances. This became apparent at the October 14 Council meeting, when vigorous debate led to split votes on two variance applications.
Few people have reason to know about variances if they have not needed one. The council considered two variance applications on October 14. The first was for a plat at 6180 Cardinal Drive asking that the large single lot be split into three. A variance is needed, as Director Darling indicated, because an unusual hardship is created by the subdivision request, the Comprehensive Plan requirements for density, and the sloping topography.
“A variance is a “way that cities may allow an exception to part of a zoning ordinance … as applied to a particular piece of property. A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Sometimes a landowner seeks a variance to allow a use of their property that is not permissible under the zoning ordinance.” – League of Minnesota Cities
Shorewood Code 1202.09 relevant to subdivisions, which reads, in part.
c. That the variance is to correct inequities resulting from an extreme hardship limited to topography, soils or other physical factors of the land.
CM Sanschagrin questioned whether the variance on Cardinal Drive reaches the level of unusual hardship. (see map below) He said that in his opinion, variances are an important part of the code that assist in preserving the natural character of Shorewood and by regularly approving variances, the integrity of the code to prevent over-development is compromised.
Labadie, Callies and Maddy countered with their views of why the variance should be approved. CM Zerby said he agreed with some of Sanschagrin’s points, however did vote for the variance and plat. The variance request passed 4-1.
The second variance was for a simple subdivision of a lot on Smithtown Road. The lot would be split in two, with a long driveway going to the proposed rear lot, creating a “flag lot.”
“Flag lot development shall not be permitted. Adequate access must be established and provided to avoid nonconforming property.” –Shorewood 2040 Comprehensive Plan, Policy Plan, 11/2023
This led to another extended conversation with Sanschagrin holding firm that he did not believe there were practical difficulties with this lot, aside from those being created by the owner when splitting the property. Labadie, Maddy and Callies disagreed. In this instance Zerby voted with Sanschagrin and the application passed 3-2.
Sanschagrin asked that the council have a policy discussion about the relaxed variance policies at a future meeting, particularly to get more input from residents. Labadie stated the public had many opportunities to be part of the discussion, including letters, emails and the public hearing held by the planning commission in September. There was no plan for further discussion.
What you can do:
SIGN UP for notifications from the city, residents too often hear about these important changes after the fact.
SHOW UP for public hearings and meetings.
CALL UP or email your city leaders:
Council Members
Dustin Maddy (612) 293-6727 dmaddy@ci.shorewood.mn.us
Jennifer Labadie (952) 836-8719 jlabadie@ci.shorewood.mn.us
Scott Zerby (952) 905-4444 szerby@ci.shorewood.mn.us
Guy Sanschagrin (952) 217-1289 gsanschagrin@ci.shorewood.mn.us
Paula Callies (763) 546-8020 pcallies@ci.shorewood.mn.us
Read:
The Shorewood 2040 Comprehensive Plan
Higher Density-How it applies to Shorewood
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