Winnetka considers limiting lake bluff construction with updated ordinance

Winnetka lakefront homeowners pushed back against proposed legislation to limit construction on lake bluffs, arguing a majority has dutifully protected the lakeshore with improvements and revetments on their properties.

After a year of research and discussion, the Winnetka Village Council is considering limitations on what lakefront residents can build in the steep slope portions of their property. The village’s aim is to preserve the natural landscape of the slope and prevent adverse impacts of construction on lake bluffs.

The ordinance was introduced to a packed room of concerned lakefront homeowners and their lawyers during the Jan. 9 Winnetka Village Council meeting.

Under the proposed ordinance, lakefront property owners would be prohibited from building nonconforming structures in the steep slope zone, defined as the area between the toe of the bluff and the point where the 27 degree steep slope line meets the tableland at the top of the bluff.

Allowable structures in the steep slope zone would include boathouses of a maximum 860 square feet and 15 foot height with allowable rooftop decks; decks of a maximum 50 square feet; rebuilt or remodeled existing structures on existing foundations; stairs no more than 5 feet wide; necessary stabilizing retaining walls; mechanical lifts; and fences. The ordinance would also allow for extensions attached to structures over the steep slope zone of a maximum 4 feet.

One other proposed change would alter the front lot lines on lakefront property. The village currently uses the water line to demarcate the front lot line of lakefront property but this method has been called into question as the lake level constantly fluctuates. The proposed ordinance instead uses the ordinary high water mark, considered to be 581.5 feet by the United States Army Corps of Engineers, to give a more consistent measurement.

Community Development Director David Schoon said as the bluffs gets taller and steeper, it becomes less stable, meaning the impacted area is larger. This pushes back the point the steep slope line intersects with the tableland and increases the steep slope zone.

Winnetka is the lone North Shore community without steep slope regulation, which has led to increasing concerns by the village and its residents surrounding wealthy property owners purchasing large swathes of land to build huge homes. Billionaire Justin Ishbia sparked these concerns after purchasing 3.7 acres worth of lakefront property and consolidating it into one lot where he plans to build a $43.7 million mansion for his family. Residents in favor of the ordinance argue homes like Ishbia’s drastically alter the character of the neighborhood, negatively impacting neighbors.

One concern lakefront homeowners have brought to the council is how changing lot lines would limit the buildable area of some properties. Architect Seth Romig was hired by a handful of lakefront residents to study their properties and see how they would be impacted by the ordinance. He looked at four properties and said on average there was a 41% decrease in available developmental land caused by shifting lot lines and required setbacks.

Bill Jackson who owns one of the properties Romig studied, called the ordinance overregulation and told the board the work at the Ishbia property doesn’t justify the rule changes they are considering.

Another concern of lakefront homeowners is if the foundation of a structure built in the steep slope zone is damaged they wouldn’t be able to rebuild. The ordinance states that damaged structures can be rebuilt on existing foundations if the repairs are below half of the original construction costs.

Michael Hara, who lives along the lakefront on Sheridan Road, said he moved to Winnetka from Highland Park in order to build a home where he could walk out onto the beach without having to take stairs. Part of his home is built into the bluffs and if the foundation is damaged, he wouldn’t be allowed to rebuild under the ordinance. He argued there should be a grandfather clause in the ordinance to protect homes with existing built in features.

“How do you sell a property when you tell a future owner, ‘By the way if something happens, you can’t fix it. You can’t repair it?’” he said.

Schooner said because the ordinance is designed to ultimately remove nonconforming structures from the steep slope, variations would need to be granted by the council to allow foundations to be repaired.

Rintz urged lakefront homeowners to trust that the council has their best interests in mind and would grant variances for reasonable requests in order to preserve their existing property.

“There’s always an opportunity to request a variance, which would be no different than any other zoning variance,” Rintz said. “There has to be a trust level that when you come to us with things like broken foundations on existing homes ... or anything reasonable ... we’re going to sit here and think about it and talk about it but we’re going to find our way to yes. That’s the whole idea of this village council.”

Resident Ted Wynnychenko said the village has historically turned a blind eye to lakefront development in the name of property owners rights and values.

“It’s high time this village move into the 21st century and understand that it’s not just property owners and not just individual rights but that we are a planet, a community of people and we all have a shared duty and a shared right to enjoy natural benefits,” he said.

The council is expected to make a final vote on the proposed ordinance during its Feb. 6 regular meeting.