Winnetka Village Council moves forward with rules for development of lakefront land
The Winnetka Village Council introduced an ordinance outlining seven criteria for lakefront property owners looking to develop their portion of the lakefront in the council’s first steps toward taking some jurisdiction over the lakefront.
Village Counsel Peter Freedman outlined the new ordinance during the March 7 regular village council meeting.
“In essence, these are permitting changes to require a permit for any construction in the lake or on public land adjacent to the lake that requires a permit from one of four federal or state agencies; the MWRD (Metropolitan Water Reclamation District), the IDNR (Illinois Department of Natural Resources), IEPA (Illinois Environmental Protection Agency) or the Army Corps (of Engineers),” he said. “Any construction in that area requires a permit and this would require a village permit as well.”
No paperwork is added to the process but the applicant would have to meet with Village Engineer Jim Bernahl before submitting applications to larger agencies.
Once submitted, applications would need to be approved by the four agencies before the final approval is given by the village.
For final approval, projects need to meet the following seven criteria:
get permits from all required agencies
the height of the structure must be no higher than what is minimally necessary for its purpose
must meet all requirements of the village code
the scope of the project must be what is minimally necessary for its purpose
must not create any public safety hazards including unreasonable obstruction of nearby public or private land
must not interfere with public safety operations and the ability of public safety personnel
must not alter existing sight lines more than minimally necessary
A final permit decision will be made by the village engineer within 14 days after all permits are submitted to the village. The engineer can either elect to approve the permit as a whole, with conditions or deny it. If denied, the applicant can appeal directly to the Village Council in writing within 14 days of the decision. Council will have 60 days to hear and issue a decision on the appeal.
Notice will be sent to residents within 1,000 feet of the project by the village in the event of an appeal to give residents the opportunity to weigh in.
Applicants will have to notify the village within 48 hours if one of their applications is denied by higher agencies.
The village engineer will also conduct a final inspection of the project to ensure that it was built in line with all permits and requirements.
Winnetka Village President Chris Rintz said that the ordinance is just the first step in what he expects to be a long process and continued discussions.
“We’ve heard people’s comments and additions but we really need to take a very, very calculated and careful approach to this whole thing,” Rintz said. “It’s going to move slowly because we want to do it right.”
Trustee Kim Handler suggested that projects come to council for final approval, but other trustees expressed concern about the impact that would have on an individual’s property rights. Rintz compared the situation to a resident needing a variance on a garage rebuild that would then need to be brought out before the council and the public for scrutiny.
“These are residential uses permitted by the zoning code. It’s not a special use,” Trustee Tina Dalman said. “I’m concerned about having this come to the council because we’re dealing with a zone that largely is residential property in a permitted residential zone.”
“The loss of trust that you get when you create an ambiguous rule and out people through that kind of process, that’s unforgivable,” Trustee Andrew Cripe said. “You should never create a situation where a homeowner has to come in here not knowing what the hell the rules are and ‘please, please don’t make me look like too much of a jerk in the process.’ That’s a horrible process.”
Rintz said the ordinance will likely be on the March 21 agenda for adoption by the council.
