Winnetka Village Council looking toward lot consolidation and steep slope regulation

The Winnetka Village Council is debating changes to its lot consolidation and steep slope regulations in an effort to protect the lakefront from negative impacts of potential development.

Drafted ordinances presented at the Nov. 14 Village Council study session proposed a variety of changes to zoning ordinances.

One change proposes using the ordinary high water mark as the front lot line of lakefront properties for zoning purposes. According to Community Development Director David Schooner, this would be a more stable metric to use because the ordinary high water mark changes far less than the waters edge.

The ordinary high water mark can be changed as the landscape succumbs to erosion or if the U.S. Army Corps of Engineers makes the change. The ordinary high water mark for Lake Michigan is currently recognized as 581.5 feet and represents a long-term average of the lake’s elevation.

“Right now what we have depends on ‘Did the survey happen on Tuesday? Did it happen on Thursday?’” Village President Chris Rintz said. “We see the water line going back and forth.”

If approved, lakefront property owners would have to comply with steep slope regulations as well. After looking at a few neighboring communities’ steep slope regulations, city staff concluded working from Glencoe’s model would be best for Winnetka.

The drafted ordinance would only allow certain structures to be built in the steep slope zone, defined as the area from the toe of the bluff to the steep slope line. That line ends at the table land at the top of the bluff. Steeper bluffs would push back the edge of the steep slope zone, according to Schooner, because taller and steeper bluffs are less stable and require the village to extend the protection zone.

Structures allowed in the steep slope zone include decks of a maximum 50 square feet, retaining walls needed for stabilization, stairs no more than five feet wide, and rebuilt or remodeled structures on suitable existing foundations. Mechanical lifts, boat houses 15 feet tall or less and fences in compliance with all other village regulations would also be permitted.

Trustee Kim Handler suggested refining the parameters for boathouses on the steep slope. The draft would allow space for two boats along with a restroom and shower.

Trustee Kirk Albinson said having flexibility to allow homeowners to use their land while staying within regulations would help extend an olive branch to those who are concerned the village is impeding on their property rights.

“I like the idea of somebody being able to really have a lot of use of their lakeshore and not just something to look at,” Albinson said. “I think it’s practical to allow for plumbing, kitchenettes, whatever people want to have down at the lake.”

Trustee Tina Dalman agreed saying she doesn’t want to micromanage what residents do on their property.

Council requested staff look further into what options other municipalities use to delineate the lot lines along waterfronts to see if there is an option beyond the ordinary high water mark that could be more stable. It also requested more research into boathouse allowances in other communities.

“Certainly the boathouses sound like something that need a lot more research and definition so we can feel comfortable that we’re allowing a reasonable amenity without being too restrictive but at the same time not allowing people to build second homes down there,” Rintz said.

Another proposed ordinance would see lot consolidations regulated through the existing special-use permit process. The village would require this process if the lot consolidation request is two times greater than the minimum required lot size or the minimum required average lot width. These metrics vary by zone.

All trustees expressed interest in moving forward with the ordinance.

Resident Leslie Graham questioned the consolidation ordinance, pointing out there are many residents who own multiple lots in the village.

Rintz said the ordinance is designed to prevent the construction of massive homes that would consume residential space.

“If you were to buy four of five lots right down the block here and you combine them into one and then you built a 10,000 or 12,000 square foot house in a neighborhood that has 3,000 square foot houses,” he said, “it would create a change in the character of the neighborhood much like the Ishbia property.”

Justin Ishbia, a billionaire resident of the village, purchased five plots along Sheridan Road and combined several of them south of Centennial Park into a 3.7 acre lot. He plans to build a $43.74 million mansion on the site, which combined with the cost of acquiring the land and demolishing the previous homes will total nearly $78 million.

Ishbia has caused a stir in the village with both his proposed mansion and his dealings with the Winnetka Park District. A controversial land swap for another property he owns at 261 Sheridan Road, situated between Elder and Centennial parks, and an equal parcel of land owned by the Park District has lead to a surge of action by the community including a lawsuit against the Park District by resident Rob Schriesheim.

Two counts of the lawsuit were dismissed in October by Cook County Circuit Judge Eve Reilly. Shriesheim has since refiled an amended version of the suit.

The swap, signed over three years ago, has yet to be executed and has been described as dormant by Park District officials and Ishbia.

Residents came to the village with concerns about the stability of bluffs along the lakeshore after Ishbia leveled the land he owns south of Centennial Park and removed the bluffs.

Those concerns have led to the village taking a deeper look into what is allowed on its lakeshore.

Resident Ted Wynnechenko called the ordinances reasonable and said there are many rules upheld by the village that limit residents’ ability to use their property.

“It certainly is a reasonable starting point and at least I am glad we are moving forward in that direction,” he said. “Sad that it didn’t happen last year.”

Cynthia Hara owns four lakefront properties along Sheridan Road and said she was in the same position Ishbia is in about 15 years ago when she was consolidating her land. She countered those who say the Ishbia property can’t ever be put back together because hers was through proper structural engineering.

“I feel like it’s a privilege to live here,” she said. “I don’t own the lakefront. I’m its caretaker. I’m the person that has to watch over it. I’m the person that has to pay for the rocks to be put in, the revetment. I welcome the people that come across my property and when I’m out there, I speak with them.”

Rintz said the ordinances will be up for a public hearing and introduction after the holidays to avoid pushback from residents away from the village for holiday travel. The existing nine-month moratorium on lakefront development could also be ended at that time.

“It’s not a surprise, we’ve been working it diligently for 11 months now,” Handler said.