Winnetka may already have what it needs to manage lakefront development under existing code, according to Trustee Andrew Cripe.
The Winnetka Village Council conducted a second study session focused on the potential for lakefront regulation in response to ongoing concerns about the development of property south of Centennial Park owned by billionaire Justin Ishbia. These concerns have sparked a whirlwind of discussion and residential involvement as the Winnetka Park District works to begin renovations as part of the district’s 2030 Lakefront Master Plan.
Trustee Tina Dalman said that, after hearing from the Army Corps of Engineers about regulatory changes they have made, she thinks gaps have formed.
Trustee John Swierk echoed her concerns.
“We don’t know what’s going to occur down there in the future, and if I was a lakefront owner, I wouldn’t want a present or future neighbor to do something that the village could not oversee. It just seemed to me that there is a wide opening, a gap that needs to be filled here for the future.”
After learning in the previous study session the village’s jurisdiction can extend into the lake, Cripe looked into village code to see what authority is already in place.
“Sometimes, as a legislative body, what you find is that you have legislation. It’s a lot broader than what you like because you can’t contemplate every single thing that might happen in the future,” he said. “We don’t have any zoning rules about spaceships so if there’s an alien invasion tomorrow, were kind of SOL when it comes to our zoning code, but that doesn’t mean we can’t address it.”
Cripe said there are two types of lakefront development. One is designed for shoreline protection with limited purpose such as headland beach systems. The other might depart from what is “reasonably necessary” for the intended purpose, such as the large steel louvers and planter pockets included in a previous version of the Centennial Beach design.
Sections of the existing village code prohibit residents from building impermeable structures without permit from the village’s director of engineering. Another section highlights that improvements made in the village cannot be placed on any public space, including the lake, without permit.
Village code also states that residents cannot erect a structure that could be considered a public nuisance, which includes obstruction of navigable bodies of water. The village also has a process for addressing nuisances.
“This is what I would call a very Winnetka process. We don’t send a SWAT team. We don’t arrest people. We have conversations,” Cripe said. “We engage people constructively, collaboratively, openly. A lot of times that works, sometimes it doesn’t. Then we’ll do it more the Chicago way but we have that ability.”
The village can remove nuisance structures and bill them back to the homeowner if necessary.
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Village President Chris Rintz spoke directly to lakefront property owners worried that the village is moving toward regulation changes that could impact their property values, saying, “If you don’t think that every person sitting at this table is cognizant and concerned and sympathetic of value impairment, you don’t know this group of people.”
Resident Ted Wynnychenko suggested at the previous study session that the council consider a temporary moratorium on lakefront development but council members were not keen on the idea. Cripe said that would be picking a fight for the sake of picking a fight.
Rintz said he and Cripe met with Ishbia to discuss the project and said he believes Ishbia understands his original designs were an overreach.
“We talked with him about this and made a couple things very clear.” Rintz said. “He isn’t going to be any different than anybody else, and all this consternation about planter pockets and louvers and trees out into the lake is gone.”
Ishbia’s most recent permits to the Illinois Department of Natural Resources and Army Corps of Engineers were approved. These permits include a stone breakwater at the northern end of his property with elevated native plants south of the structure, another stone breakwater parallel to the shoreline connected to the bluff by a steel groin with a cable safety railing along the steel and a grated access boating ramp just south of the northern breakwater. Plans outline stormwater disbursement from the northern breakwater through the stone and steps over the breakwater about two thirds down to ensure public access.
Rintz said, along with the updated designs and the conversation he had with Ishbia, he feels he is a “genuine individual who just wants to be part of the community like everybody else” and has been “vilified and made to be something he isn’t.”
“He’s a fairly financially substantial person who just wants a cool place to live and enjoy the lakefront just like many of the people in this room do,” he said. “I don’t have a problem with that. Maybe you guys do but when somebody asks me for a meeting and says ‘Hey, we want to talk’ I’m there and I think all of us should be to talk and listen and try to find the ground that’s common and works.”
Winnetka Park District President Warren James suggested that to avoid these kind of issues in the future, the village should consider adopting zoning regulations for parks and public places. He said if Centennial had been properly zoned, a lot of the headaches could have been avoided.
“When I think about what good policy is, a good policy is one that also doesn’t make bad neighbors,” Cripe said. “We need to respect the rights of homeowners to use and enjoy their property. At the same time, we need to respect the health, safety and welfare of the public using the lakefront. That’s a big deal.”