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Plan Commission

Regular Meeting

Winnetka, IL · February 25, 2026

AgendaPacketMinutes

Minutes

Minutes adopted 3-25-2026 1 WINNETKA PLAN COMMISSION MEETING MINUTES 2 FEBRUARY 25, 2026 3 4 Members Present: Layla Danley, Chairperson 5 Matthew Bradley 6 Mamie Case 7 Chris Enck 8 King Poor 9 Cyrus Subawalla 10 Kate Van Vlack 11 12 Members Absent: Jonathan Alt 13 Christopher Blum 14 15 Non-Voting Members Present: Bridget Orsic 16 17 Village Staff: Scott Mangum, Community Development Director 18 Ann Klaassen, Assistant Director of Community 19 Development 20 21 Village Attorney: Peter Friedman 22 23 Call to Order & Roll Call: 24 The meeting was called to order by Chairperson Danley at 7:03 p.m. Ms. Klaassen took roll call of the 25 Commission Members present. 26 27 Approval of January 28, 2026 Meeting Minutes: 28 Chairperson Danley asked for a motion to approve the January 28, 2026, meeting minutes. A motion to 29 approve the January 28, 2026, meeting minutes was made by Ms. Case and seconded by Ms. Van Vlack. 30 A vote was taken and the motion unanimously passed, 7 to 0: 31 AYES: Bradley, Case, Danley, Enck, Poor, Subawalla, Van Vlack 32 NAYS: None 33 NON-VOTING: Orsic 34 35 Public Comment: 36 No comments were made at this time. 37 38 Community Development Report: 39 Mr. Mangum provided the Commission with an update on the Solidcore special use permit application. 40 41 Chairperson Danley first outlined two procedural issues in connection with tonight’s meeting and moved 42 to consider the 936 Sunset Road application to the end of the agenda. No comments were made at this 43 time from the Commission Members. Chairperson Danley then stated with regard to Case No. 25-05-SU 44 for 730 Elm Street which related to the One Winnetka development, she summarized the significant 45 concerns and issues raised with regard to non-retail uses on the first floor and the special use standards 46 being met. She suggested the matter be deferred to the next meeting in order for additional information 47 to be provided. Chairperson Danley then asked for a quorum check for the March 25, 2026, meeting. 48 The Commission Members discussed their availability. February 25, 2026 Page 2 1 Recommendations: 2 a. Case No. 25-28-SU: 225 Sheridan Road - Centennial Beach: Consideration of approval of 3 written findings and recommendation of the Plan Commission on the Special Use Permit application 4 to allow installation of fencing on the existing beach at 225 Sheridan Road. 5 Chairperson Danley referred to the findings and recommendations included in the agenda packet as 6 Attachment A2 on page 16 of the packet and asked for a motion to approve the written findings and 7 recommendations to deny the special use as requested by the applicant. A motion as stated by 8 Chairperson Danley was made by Mr. Poor and the motion was seconded by Ms. Case. A vote was taken 9 and the motion unanimously passed, 6 to 0: 10 AYES: Case, Danley, Enck, Poor, Subawalla, Van Vlack 11 NAYS: None 12 NON-VOTING: Bradley, Orsic 13 14 New Applications: 15 a. Case No. 25-24-SU: Winnetka Congregational Church - 725 Pine Street: An application seeking 16 approval of a Special Use Permit to allow a childcare center to operate in the existing church. The 17 Village Council has final jurisdiction on this request. 18 Ms. Klaassen summarized the request to lease space in the existing church building to operate a 19 childcare center with the applicant seeking a recommendation of approval of an amendment to a special 20 use permit which she described to the Commission. She identified the property’s location, zoning 21 classification and the limited amount of additional uses allowed in addition to single family residential 22 uses. Ms. Klaassen stated the Comprehensive Plan designated the property as appropriate for uses she 23 identified and that the applicant’s use is consistent with the Comprehensive Plan land use designation 24 and R-2 zoning. She then referred to site illustrations and outlined the number of employees and hours 25 of operation and noted there are no plans for expansion. Ms. Klaassen stated if in the future, the 26 applicant decided to add a playground, they would have to request special use approval. She stated the 27 applicant received preliminary approval from the DCFS in order to move forward which is contingent 28 upon minor facility modifications and Village approval. 29 30 Ms. Klaassen described plans for employee parking with the applicant having provided a traffic study 31 and noted the Village Engineer offered recommendations on the application which she described for the 32 Commission. She stated the ZBA would consider the request at a special meeting on March 16 and 33 referred to the standards they are to consider. Ms. Klaassen then stated following the applicant’s 34 presentation, public comment and Commission discussion, the Commission may decide to either 35 continue the matter to a date certain to allow time to address questions or comments or recommend 36 approval or denial with draft language for a motion provided in the packet. She noted additional 37 correspondence was received and provided to the Commission. Ms. Klaassen then asked if there were 38 any questions. 39 40 Chairperson Danley also asked if there were any questions. Ms. Van Vlack asked if the playground 41 discussion had been tabled. Ms. Klaassen responded the applicant is not currently proposing a 42 playground. Mr. Subawalla asked how many church members and employees there are. Ms. Klaassen 43 responded the applicant can answer that question. Ms. Van Vlack asked if the Commission is to consider 44 timely drop-off plans. Chairperson Danley responded that could be part of their consideration. 45 46 Chairperson Danley swore in those speaking to this matter. 47 48 Amy Falkowski, Winnetka Congregational Church Director of Operations, introduced Pastor Paulo February 25, 2026 Page 3 1 Franca, Julie McConnell, Chair of Congregation, Christie Sullenberger, committee member, Dan 2 Brinkman of Gewalt Hamilton Associates and Victor Cuebas of Jumpstart Early Learning Services. Ms. 3 Falkowski summarized the church’s history in the community and stated they discussed their proposed 4 plans with neighbors whose only concern related to traffic. She stated the traffic study resulted in little 5 to no traffic in the neighborhood. 6 7 Ms. Falkowski referred to the space which would be renovated and described their collaboration with 8 Jumpstart which would result in resolving the community’s need for additional childcare. She also 9 summarized the capacity which would increase incrementally. Ms. Falkowski then referred to 10 illustrations and identified drop-off and pickup locations. She stated with regard to the traffic study, 11 since it would be a daycare and not a school, she described the traffic pattern and their willingness to 12 resolve any issues that may arise. Ms. Falkowski referred to an illustration of the long driveway and 13 described the process as having a smooth transition. She informed the Commission they have 14 coordinated their approval with DCFS and confirmed there would be no footprint expansion. Ms. 15 Falkowski concluded by describing how the request would be beneficial for the community. 16 17 Chairperson Danley referred to Slide 16 which contained the parking lot outline and asked for the 18 specific family directive in terms of a specific traffic pattern. Ms. Falkowski described the entrance and 19 exit through the parking lot circle. Mr. Subawalla asked how many church employees would come to the 20 building during school days. Ms. Falkowski provided the staffing schedule for the Commission. Mr. 21 Subawalla asked if the property entrance is within 150 feet of Pine, Prospect and Lincoln. Ms. Falkowski 22 responded it is less than 150 feet. 23 24 Mr. Poor referred to the Village Engineer’s comments relating to the need for ongoing modifications or 25 monitoring how it would work and asked if they would be open to considering meeting with the Village 26 Engineer or neighbors after a few months of operation to determine its effectiveness. Ms. Falkowski 27 confirmed they would. Mr. Cuebas described their operations in terms of volume for their other two 28 locations which operate under a staggered start and release time. He also stated they do not have a 29 playground onsite and described how outdoor time is utilized. 30 31 Mr. Bradley asked if the capacity is set by code. Ms. Falkowski confirmed that is correct. Mr. Cuebas 32 informed the Commission the 64 figure for maximum capacity was derived by ratio and class size. He 33 also described the classroom makeup in terms of the children’s ages as well as the pickup times and 34 staff accommodation times for the rush periods. Mr. Cuebas then provided background check and 35 liability insurance information for their staff. Chairperson Danley asked if there is a structured 36 curriculum. Mr. Cuebas confirmed that is correct and described the curriculum to the Commission. Ms. 37 Case asked how infant drop-off is handled, which would impact traffic and parking. Mr. Cuebas 38 described the drop-off process, which varied on how families want it handled. 39 40 Mr. Enck referred to the Harkness House, which had limited daycare options and asked if they discussed 41 with them or the Winnetka Community Nursery School in terms of need. Ms. Falkowski confirmed they 42 have and stated they would relieve pressure for families on the waiting list. She stated the model would 43 be similar to Jumpstart’s other locations. Mr. Cuebas provided further information with regard to 44 electronic sign in and sign out. Ms. Van Vlack stated while she understood the concerns raised with 45 regard to traffic and the fact that there is an off-street area for parents to utilize, a lot of consideration 46 was provided in that regard. She also asked how many homes were included in the 150 foot area in 47 terms of impact. Ms. Falkowski estimated 60 homes with their having received a response from only one 48 family which attended the open house. Mr. Bradley asked if the facility would be ADA compliant. Ms. February 25, 2026 Page 4 1 Falkowski informed the Commission there is an elevator and ADA bathrooms. She added that section of 2 the building is fully ADA compliant. No additional questions were raised at this time. 3 4 Chairperson Danley asked for public comment. She swore in those speaking to this matter. 5 6 Bob Forbes, 684 Pine Street, stated he is a 27 year resident and described the parking and traffic 7 situation as well as the potential for accidents. He stated consideration needed to be given during peak 8 times. Mr. Forbes also referred to the Pine and Maple intersection and stated with the new commercial 9 use, there would be more traffic. He stated the One Winnetka development would also add more traffic 10 in the area. 11 12 Beckley Maggio, a Winnetka resident and Harkness House president, stated they have had several 13 conversations with the church with regard to the child care need. She agreed there is no formal drop-off 14 with day care uses and stated she is concerned with regard to the student/teacher ratio and the possible 15 violation of DCFS regulations. Ms. Middleton stated the entire facility would need to be secure during its 16 hours of operation. She also questioned the time the traffic study was conducted and stated the parking 17 and traffic concerns should not be taken lightly. Ms. Middleton concluded by stating while there is a 18 need for additional child care options, she is concerned with regard to safety of students in connection 19 with parking and the lack of an outside playground facility. 20 21 Julie McConnell, Chair of Winnetka Congregational Church, described their visioning process which 22 included being a bigger part of the community and the need expressed for day care facilities by 23 neighbors. She stated there would be no footprint change and minimal interior changes. No additional 24 comments were made at this time. 25 26 Chairperson Danley closed public comment and asked the applicant if they would like to respond. 27 28 Ms. Falkowski stated in response to Harkness House comments, they have approval by DCFS and there 29 are no issues with regard to security and children/teacher ratios. She stated with regard to traffic and 30 parking; they are willing to work to make changes after they begin operations if issues arise and it is 31 their intent to not be a neighborhood nuisance. Mr. Bradley referred to the pickup and drop-off pattern 32 and asked if it would create concerns in connection with DCFS ratios. Mr. Cuebas confirmed that was 33 part of their approval process. Chairperson Danley referred to commercial truck traffic. Mr. Cuebas 34 explained how the food van caterer would drop off food early in the morning. Mr. Subawalla questioned 35 the right-of-way width at Pine and Prospect. Dan Brinkman stated he did not have that information and 36 described the process of how traffic counts were taken and observations and the traffic study being 37 done on a Thursday in December. Mr. Poor referred to the comments raised with regard to the effect of 38 One Winnetka on traffic. Mr. Brinkman explained the process which took into account growth and five 39 year projections. Mr. Poor questioned whether traffic signs would be utilized similar to those used in 40 school zones. Mr. Brinkman explained the difficulty of school zone signage utilization and stated he is 41 not aware of the requirement for such a commercial use. Ms. Klaassen stated they could look into what 42 would be required to install such signage. Ms. Van Vlack commented on the safety issues and parking in 43 the area. No comments were made at this time. 44 45 Chairperson Danley called the matter in for discussion. Trustee Orsic stated with parking and traffic 46 being the biggest concern, she referred to a preschool in a church in the city which was able to work out 47 issues. She also stated neighborhood parents would walk and there would be varied hours with 48 staggered amounts of traffic. Trustee Orsic agreed with Mr. Poor’s suggestion to ensure any issues be February 25, 2026 Page 5 1 discussed and resolved. Mr. Poor commented the presentation was thoughtful and agreed there are 2 traffic concerns which he indicated are manageable. He stated the church is agreeable to manage any 3 issues with monitoring of the situation over the first several months which he would suggest as a 4 condition. Mr. Poor added signage and speed limits should also be investigated. He concluded he would 5 vote to recommend approval with the modifications he suggested. Mr. Subawalla stated the request 6 would be good for the community and traffic should be done in a multi-directional flow. He also 7 suggested limiting parking on the Prospect side of the street and that there would be numerous vehicles 8 onsite at any given time. Mr. Subawalla concluded the proposal would be very valid for the community. 9 10 Ms. Case agreed with the proposal and the need for additional childcare opportunities for the 11 community. She stated she is very concerned with regard to the pickup/drop-off situation and agreed 12 with the one way traffic suggestion. Ms. Case referred to the amount of activity in the area and agreed 13 conditions should be placed on the recommendation. Mr. Enck referred to the difficulty in finding 14 childcare in the area and stated the proposal would be in line with the Comprehensive Plan and would 15 be a benefit to the community. He stated the other concerns raised are resolvable and agreed there are 16 ways in which to resolve any issues. Mr. Enck also referred to the amount of traffic at Harkness House 17 and suggested working with the Village Engineer and the Police Department with regard to Pine Street. 18 19 Ms. Van Vlack agreed with the comments made and stated it would be important to establish rules in 20 terms of traffic for those using the facility. She also stated there are many preschools set within 21 neighborhoods and referred to the amount of traffic on Sundays which was not mentioned in the traffic 22 study. Ms. Van Vlack then stated with the cell phone alert suggestion, she would encourage a system 23 utilizing more of an advanced warning system rather than encouraging cell phone use while driving. She 24 also stated turning around in driveways should be prohibited. Ms. Van Vlack concluded there is a need 25 for child care options and agreed the proposal would represent a great use of the unused space. Trustee 26 Orsic agreed with Ms. Van Vlack’s comments with regard to cell phone use and referred to geo tracking, 27 which they would be using. Mr. Bradley referred to the roundabout as a unique solution that other day 28 care schools do not have to alleviate congestion and agreed with the conditions suggested which would 29 be difficult to enforce. He suggested exploring starting with a lower child count to ensure a smooth 30 traffic flow as opposed to having 64 children initially. Chairperson Danley agreed with the comments 31 made and agreed there is a community need with the main concern relating to traffic with specific 32 issues she identified. She then stated she did not agree that streets need to be turned into one way 33 direction and she would suggest the condition of having a defined traffic plan submitted with the 34 application to direct parents in terms of the pickup and drop-off function. 35 36 Chairperson Danley then asked for a motion and referred to page no. 407 with the condition as stated. 37 Mr. Poor moved to recommend approval of the request based on the Commission Members’ collective 38 comments. He stated a condition for approval should be a requirement of a traffic flow and parking plan 39 reviewed and approved by the Village Engineer and the Police Chief to be made to the Village Council. 40 Mr. Poor also stated a condition of approval would be the benefit of having a monitoring function of 41 one, two or three months with the Village Engineer, Police Department and neighbors to ensure any 42 issues are resolved. He stated the issue of signage should be taken up with Public Works. Chairperson 43 Danley asked Mr. Friedman if there is a way to include the parking and traffic plan condition as a 44 recommendation of approval. Mr. Friedman confirmed it has been done before in terms of a specific 45 review period with Village monitoring being done to ensure compliance. 46 47 Mr. Poor moved to recommend approval of the request conditioned upon a traffic flow plan prepared 48 by the church, and approved by the Village Engineer and Police Department, that would be included in February 25, 2026 Page 6 1 any presentation made to the Village Council. Ms. Case seconded the motion. A vote was taken and the 2 motion unanimously passed, 6 to 0: 3 AYES: Case, Danley, Enck, Poor, Subawalla, Van Vlack 4 NAYS: None 5 NON-VOTING: Bradley, Orsic 6 7 Ms. Case left the meeting at this time. 8 9 b. Case No. 26-05-SU: 730 Elm Street, Suite 120 - DUET Audiology Clinic: An application seeking 10 approval of a Special Use Permit submitted by DUET audiology clinic, as the prospective lessee of the 11 commercial space located at 730 Elm Street, Suite 120, to allow a medical office in the C-2 General 12 Retail Commercial Overlay District. The property is currently owned by MDG Winnetka One, LP. The 13 Village Council has final jurisdiction on this request. 14 The Commission Members previously moved to defer the discussion of this item to the March 25, 2026, 15 meeting. 16 17 c. Case No. 25-16-SD: 936 Sunset Road: An amended application seeking approval of a Final Plat 18 of Subdivision to allow a two-lot subdivision of 936 Sunset Road, which requires (i) variations to allow: 19 (a) proposed Lot 1 to provide less than the minimum required lot depth; (b) a side lot line abutting a 20 rear lot line; (c) a side lot line that is not perpendicular to the street line; and (ii) a finding of "No 21 Material Increased Adverse Impact" for existing improvements on proposed Lot 1 (936 Sunset Road) 22 which (a) observe less than the minimum required front yard setback from Sunset Road; (b) observe 23 less than the minimum required corner yard setback from Higginson Lane; and (c) exceeds the 24 maximum permitted width for a front-facing garage door. The Village Council has final jurisdiction on 25 this request. 26 Ms. Klaassen summarized the discussion on the application from the September 2025 meeting as well as 27 the ZBA’s consideration of the request. She then identified the amendments made to the subdivision 28 request which included compliance with zoning requirements for the south lot (Lot 2) with the north lot 29 (Lot 1) requiring relief from the minimum lot depth requirement. Ms. Klaassen referred to a table 30 showing the prior and current zoning requirements. She also stated the proposed amended subdivision 31 required two variations from the subdivision code which she identified for the Commission and referred 32 to illustrations for the Commission’s review. Ms. Klaassen noted the amended subdivision would not 33 create zoning nonconformities on the proposed Lot 1 and one of the existing playhouses would have to 34 be removed to accommodate the new lot line dividing the two lots. She then identified the existing 35 nonconformities which would remain. 36 37 Ms. Klaassen identified the factors the Commission is to consider with regard to the proposed 38 subdivision and stated following the applicant’s presentation and Commission discussion (she noted 39 there were no members of the public in attendance), the Commission may decide to either continue the 40 matter to a date certain to allow time to address questions or comments or consider a motion to 41 recommend approval or denial of the request with draft language included in the packet. She noted no 42 additional public comments were received regarding the amended plan and asked if there were any 43 questions. 44 45 Mr. Poor referred to a prior 2014 zoning case and asked if the ZBA denied the request for variations for 46 something similar. Ms. Klaassen responded the similar application was withdrawn prior to presentation 47 to the Commission with the concerns related to the flood plain. She confirmed no home was built on Lot 48 2. Chairperson Danley noted Mr. Blum was on the ZBA at that time and described the flood issues and February 25, 2026 Page 7 1 home appearance at that time. She asked if there were any other questions. No additional questions 2 were raised at this time. 3 4 Chairperson Danley asked for the applicant’s presentation and swore in those speaking to this matter. 5 Christopher Canning, 1000 Skokie Blvd., Wilmette, introduced himself and Dan Creaney, the civil 6 engineer, and Susan Marren, the property owner, to the Commission. He first disclosed his previous 7 working relationship with Mr. Poor and summarized the September 2025 request and the 2014 ZBA 8 presentation in detail. Mr. Canning also described their attempts to rectify the concerns which resulted 9 in the current presentation of Option 1 and how the lot lines would be configured. Mr. Canning 10 addressed how the subdivision would meet various standards relating to the side lot line and their 11 request for a finding of no material increased adverse impact. He then asked if there were any 12 questions. 13 14 Chairperson Danley also asked if there were any questions. Mr. Poor referred to the variation for the 15 side lot line which would abut the rear lot line. Mr. Canning confirmed that is correct and would result in 16 the same condition as it existed in 1976. Mr. Poor also referred to the Lot 2 depth requirement which 17 would become part of Lot 1. Mr. Canning referred to illustrations and explained the issues which related 18 to the configuration. He also explained their response to the concerns the Commission raised and the 19 various items the Commission is to consider. No additional questions were raised at this time. 20 21 Chairperson Danley noted there are no members of the public present to comment and called the 22 matter in for discussion. Mr. Bradley referred to an illustration and summarized the ZBA’s review of the 23 request. Chairperson Danley described the proposal as a better solution and stated she had no problem 24 with the request as presented. Ms. Van Vlack described the proposal as a great solution and she would 25 be in favor of the request. Mr. Enck and Mr. Subawalla agreed with the comments made and stated they 26 would recommend approval. Mr. Poor stated his concern is that there are certain things that cannot be 27 avoided and the driver of the request is building a home in the flood plain and the concerns with regard 28 to flooding. He also referred to the neighbors’ concerns. Mr. Poor stated then with regard to restoring 29 the home to the 1976 condition, there are a lot of different factors which were not a concern at that 30 time. He referred to several substantial rain events over the years and the work done by the Village 31 Council in terms of mitigation. Mr. Poor stated if the request was not located in a flood plain, there 32 would be no issue and that any compensatory storage required may not be adequate to alleviate 33 concerns. Chairperson Danley informed Mr. Poor that the Commission discussed these issues 34 significantly in September. Mr. Poor and the Commission Members explained their positions in 35 significant detail. 36 37 Chairperson Danley asked for a motion as indicated on page 272 which included a condition to remove 38 the playhouse. Mr. Enck moved to recommend approval of the proposed Marren’s Resubdivision Final 39 Plat known as 936 Sunset Road into two new lots of record in the final plat of subdivision which 40 subdivision required the variations listed on page 272 with the condition of the removal of the 41 playhouse. Ms. Van Vlack seconded the motion. A vote was taken and the motion passed, 4 to 1: 42 AYES: Danley, Enck, Subawalla, Van Vlack 43 NAYS: Poor 44 NON-VOTING: Bradley, Orsic 45 46 New Business. 47 a. March 25, 2026, Meeting – Quorum Check. 48 The Commission Members previously discussed their availability. February 25, 2026 Page 8 1 Adjournment: 2 Chairperson Danley asked for a motion to adjourn. A motion to adjourn was made by Mr. Bradley and 3 seconded by Mr. Enck. A vote was taken and the motion unanimously passed, 7 to 0: 4 AYES: Bradley, Case, Danley, Enck, Poor, Subawalla, Van Vlack 5 NAYS: None 6 NON-VOTING: Trustee Orsic 7 The meeting was adjourned at 9:30 p.m. 8 9 Respectfully submitted, 10 11 Antionette Johnson 12 Recording Secretary

Agenda

Village of Winnetka Plan Commission Regular Meeting February 25, 2026 at 7:00 PM Winnetka Village Hall Council Chambers 510 Green Bay Road AGENDA 1. Call to Order & Roll Call 2. Approval of Minutes a. January 28, 2026, Regular Meeting Minutes 3. Public Comments 4. Community Development Report 5. Recommendations a. Case No. 25-28-SU: 225 Sheridan Road - Centennial Beach: Consideration of approval of written findings and recommendation of the Plan Commission on the Special Use Permit application to allow installation of fencing on the existing beach at 225 Sheridan Road. 6. New Applications a. Case No. 25-16-SD: 936 Sunset Road: An amended application seeking approval of a Final Plat of Subdivision to allow a two-lot subdivision of 936 Sunset Road, which requires (i) variations to allow: (a) proposed Lot 1 to provide less than the minimum required lot depth; (b) a side lot line abutting a rear lot line; (c) a side lot line that is not perpendicular to the street line; and (ii) a finding of "No Material Increased Adverse Impact" for existing improvements on proposed Lot 1 (936 Sunset Road) which (a) observe less than the minimum required front yard setback from Sunset Road; (b) observe less than the minimum required corner yard setback from Higginson Lane; and (c) exceeds the maximum permitted width for a front-facing garage door. The Village Council has final jurisdiction on this request. b. Case No. 25-24-SU: Winnetka Congregational Church - 725 Pine Street: An application seeking approval of a Special Use Permit to allow a childcare center to operate in the existing church. The Village Council has final jurisdiction on this request. c. Case No. 26-05-SU: 730 Elm Street, Suite 120 - DUET Audiology Clinic: An application seeking approval of a Special Use Permit submitted by DUET audiology clinic, as the prospective lessee of the commercial space located at 730 Elm Street, Suite 120, to allow a medical office in the C-2 General Retail Commercial Overlay District. The property is currently owned by MDG WInnetka One, LP. The Village Council has final jurisdiction on this request. 7. New Business a. March 25, 2026, Regular Meeting - Quorum Check 8. Adjournment NOTICE Public comment is permitted on all agenda items at the meeting. If you wish to provide testimony or comments prior to the meeting, you may provide them one of two ways: (1) by sending an email to planning@winnetka.org; or by sending a letter to Community Development, Village of Winnetka, 510 Green Bay Road, Winnetka, IL 60093. All agenda materials are available at www.villageofwinnetka.org/agendacenter. The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093, (Telephone (847) 716-3543; T.D.D. (847) 501-6041).

Packet

Village of Winnetka Plan Commission Regular Meeting February 25, 2026 at 7:00 PM Winnetka Village Hall Council Chambers 510 Green Bay Road AGENDA 1. Call to Order & Roll Call 2. Approval of Minutes a. January 28, 2026, Regular Meeting Minutes 3. Public Comments 4. Community Development Report 5. Recommendations a. Case No. 25-28-SU: 225 Sheridan Road - Centennial Beach: Consideration of approval of written findings and recommendation of the Plan Commission on the Special Use Permit application to allow installation of fencing on the existing beach at 225 Sheridan Road. 6. New Applications a. Case No. 25-16-SD: 936 Sunset Road: An amended application seeking approval of a Final Plat of Subdivision to allow a two-lot subdivision of 936 Sunset Road, which requires (i) variations to allow: (a) proposed Lot 1 to provide less than the minimum required lot depth; (b) a side lot line abutting a rear lot line; (c) a side lot line that is not perpendicular to the street line; and (ii) a finding of "No Material Increased Adverse Impact" for existing improvements on proposed Lot 1 (936 Sunset Road) which (a) observe less than the minimum required front yard setback from Sunset Road; (b) observe less than the minimum required corner yard setback from Higginson Lane; and (c) exceeds the maximum permitted width for a front-facing garage door. The Village Council has final jurisdiction on this request. b. Case No. 25-24-SU: Winnetka Congregational Church - 725 Pine Street: An application seeking approval of a Special Use Permit to allow a childcare center to operate in the existing church. The Village Council has final jurisdiction on this request. c. Case No. 26-05-SU: 730 Elm Street, Suite 120 - DUET Audiology Clinic: An application seeking approval of a Special Use Permit submitted by DUET audiology clinic, as the prospective lessee of the commercial space located at 730 Elm Street, Suite 120, to allow a medical office in the C-2 General Retail Commercial Overlay District. The property is currently owned by MDG WInnetka One, LP. The Village Council has final jurisdiction on this request. 7. New Business a. March 25, 2026, Regular Meeting - Quorum Check Page 1 of 547 8. Adjournment NOTICE Public comment is permitted on all agenda items at the meeting. If you wish to provide testimony or comments prior to the meeting, you may provide them one of two ways: (1) by sending an email to planning@winnetka.org; or by sending a letter to Community Development, Village of Winnetka, 510 Green Bay Road, Winnetka, IL 60093. All agenda materials are available at www.villageofwinnetka.org/agendacenter. The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093, (Telephone (847) 716-3543; T.D.D. (847) 501-6041). Page 2 of 547 1 WINNETKA PLAN COMMISSION MEETING MINUTES 2 JANUARY 28, 2026 3 4 Members Present: Layla Danley, Chairperson 5 Jonathan Alt 6 Christopher Blum 7 Matthew Bradley 8 Mamie Case 9 Chris Enck 10 King Poor 11 Kate Van Vlack 12 13 Members Absent: Cyrus Subawalla 14 15 Non-Voting Members Present: Bridget Orsic 16 17 Village Staff: Scott Mangum, Community Development Director 18 Ann Klaassen, Assistant Director of Community 19 Development 20 Christopher Marx, Associate Planner 21 22 Village Attorney: Peter Friedman 23 Courtney Trefil 24 25 Call to Order & Roll Call: 26 The meeting was called to order by Chairperson Danley at 7:05 p.m. Ms. Klaassen took roll call of the 27 Commission Members present. 28 29 Approval of December 17, 2025, Regular Meeting Minutes: 30 Chairperson Danley asked for a motion to approve the December 17, 2025, meeting minutes. A motion to 31 approve the December 17, 2025, regular meeting minutes was made by Mr. Bradley and seconded by Mr. 32 Poor. A vote was taken and the motion unanimously passed, 8 to 0: 33 AYES: Alt, Blum, Bradley, Case, Danley, Enck, Poor, Van Vlack 34 NAYS: None 35 NON-VOTING: Orsic 36 37 Public Comment: 38 No comments were made at this time. 39 40 Community Development Report: 41 Mr. Mangum stated there has been no action on any items to present to the Commission. 42 43 New Applications: 44 a. Case No. 25-28-SU: 225 Sheridan Road - Centennial Beach: An application seeking approval of a 45 Special Use Permit to allow installation of fencing on the existing beach. The Village Council has final 46 jurisdiction on this request. 47 Peter Friedman outlined the public hearing requirements and procedures to be followed in connection 48 with the Centennial Beach agenda item. Page 3 of 547 January 28, 2026 Page 2 1 Ms. Klaassen summarized the Park District’s proposal to install two chain link fences to provide an 2 enclosed area for off leashed dogs for review by the Commission with the applicant seeking a 3 recommendation of approval for a special use permit. She identified the Commission’s role in the review 4 and summarized the administrative and public review processes and referred to a table for the 5 Commission’s review. Ms. Klaassen noted the proposed fences’ appearance is not within the 6 Commission’s purview and would be reviewed by the Design Review Board (“DRB”). 7 8 Ms. Klaassen stated since the property is located on Lake Michigan, it would be subject to lakefront 9 construction and steep slope regulations and noted the proposed fencing is not located within the steep 10 slope zone. She then summarized the lakefront construction regulations and the review and permit 11 approval procedures as well as the public trust doctrine. Ms. Klaassen then identified the property’s 12 location and zoning classification which is located in the lakefront preservation overlay district. She stated 13 public parks and recreational facilities are allowed as a special use in the R-2 district and summarized the 14 appropriate Comprehensive Plan and land use designations. 15 16 Ms. Klaassen referred to beach images in an illustration and identified the existing improvements with the 17 applicant to provide additional detail relating to the proposed two rows of chain link fencing which she 18 described in detail to the Commission as well as the existing dog beach use and its access. She also 19 summarized the Zoning Ordinance amendment relating to the refinement of the front lot line along the 20 lake. Ms. Klaassen noted that at 4 feet in height the proposed fences comply with the maximum permitted 21 height of 6.5 feet. She then informed the Commission the ZBA is scheduled to consider the special use 22 permit at its February 9, 2026, meeting and the DRB is scheduled to consider a Certificate of 23 Appropriateness for the design of the proposed fencing on February 19, 2026, with the Village Council 24 having final jurisdiction. 25 26 Ms. Klaassen stated the Commission is to consider the six special use standards included on page 19 of 27 the agenda packet and following the applicant’s presentation, public comment and Commission 28 discussion, the Commission may decide to: (i) act on the application with a recommendation, (ii) direct 29 Village staff and the Village Attorney to prepare a draft recommendation with or without conditions and 30 written findings and determinations for consideration at a subsequent meeting, (iii) direct the applicant 31 or Village staff to provide new or additional information in connection with the application or (iv) take 32 such other action as may be permitted by law. She then asked if there were any questions. 33 34 Chairperson Danley also asked if there were any questions. Ms. Van Vlack asked if dogs have ever been 35 allowed off leash on the property before there was a fence. Ms. Klaassen responded there has not been 36 a special use permit approved for that and there are leash laws. She then stated she could not answer as 37 to whether Cook County considered it a dog park or a dog friendly area. Mr. Blum referred to recreation 38 as a permitted use and asked if the request had to be approved or meet those qualifications. Ms. Klaassen 39 confirmed the request for the proposed improvements had to meet the six special use standards. No 40 additional questions were raised at this time. 41 42 Chairperson Danley swore in those speaking to this matter. Hal Francke of Meltzer Purtill and Stelle 43 introduced himself as the Park District’s attorney and provided an overview of their presentation to the 44 Commission. He noted they attempted to address in their presentation the public comment already 45 received with the expectation of more public comment to be made. Mr. Francke then described the dog 46 beach as a community amenity and that the request would allow the Park District to continue to operate 47 the dog beach in accordance with law and the legal regulations as well as allow users of the dog beach in 48 compliance with the law. He stated the proposed fencing would further public safety and maintain Page 4 of 547 January 28, 2026 Page 3 1 shoreline access and connectivity along the lakefront and would not require any zoning variation requests. 2 3 Mr. Francke then provided an overview of the Winnetka leash law as well as a detailed summary of the 4 Cook County regulations. He also referred to Illinois state law and language in the Illinois Animal Control 5 Act. Mr. Francke stated Costa Kutulas, Director of Parks and Maintenance for the Park District, would now 6 provide the Commission with a history of the Centennial dog beach. 7 8 Costa Kutulas stated he would provide a history of the dog beach which was established in 1995. He noted 9 the Park District installed temporary chain link fencing from 2009-2015 similar in design to the proposal 10 which did not require permits. Mr. Kutulas stated the Winnetka Master Plan for the lakefront was then 11 undertaken from 2014-2016 with the decision to remove the deteriorating fence. He outlined the creation 12 of the dog beach committee to review other beach locations to relocate the Centennial dog beach and its 13 findings. Mr. Kutulas stated in 2023, their staff was directed by the Executive Director to install the 14 temporary fencing which was pulled due to improper permitting. He noted the Park District board adopted 15 the ordinance requiring leashes at the beach. Submittals to the IDNR and the Army Corp of Engineers 16 (“ACOE”) for the permit request were made in April 2025. Mr. Kutulas stated following the fence and 17 debris cleanup, he referred to approvals received from the IDNR and other agencies for their permit 18 process with the ACOE and Cook County approvals to follow shortly. 19 20 Mr. Kutulas then described the project overview which included delineation between a temporary 21 Centennial dog beach versus Centennial dog beach fencing. He also described the proposed fencing in 22 detail which would have a 4 foot height and extend approximately 15 feet into the lake. Mr. Kutulas then 23 referred to illustrations of the prior fencing from 2010 as well as illustrations of the proposed fencing 24 which he described in detail. Mr. Kutulas then outlined the existing parking conditions with no change in 25 use being proposed and described the dog season timeline and timeline of average use. He also described 26 neighboring dog beaches and their uses in detail. He then summarized the project’s regulatory review 27 process as well as their responses to the first round of review comments. Mr. Kutulas stated Mr. Francke 28 would now address the public trust doctrine and additional finer project points. 29 30 Mr. Francke stated in response to the public concerns raised, he referred to the public trust doctrine 31 summary and provided additional information in that regard. He noted it stated that the state cannot sell 32 submerged land to a private party, but it can permit its improvement with structures such as wharfs, docks 33 and piers that improve the use of the lake for public purposes without impairment of the public’s interests. 34 He stated based on its provisions, the IDNR issued the permit previously referenced and reviewed the 35 Park District’s application and concluded that allowing the proposed fencing would not obstruct or 36 interfere with navigation, is an acceptable encroachment per the Park District code, it would not impair 37 the rights, interests or uses of the public and is not likely to cause bank or shoreline instability or other 38 littoral properties. Mr. Francke further described additional provisions from the doctrine and summarized 39 in detail the applicant’s response that the special use standards have been satisfied. He asked for the 40 Commission to recommend approval of the fencing and for the entire application to be concluded quickly 41 so that the fencing can be installed. Mr. Francke then asked if there were any questions. 42 43 Chairperson Danley asked the Commission Members if they had any questions. Ms. Van Vlack asked if 44 there is any record of unintended interactions between dogs and humans in the event additional security 45 measures are needed. Mr. Francke responded there have been no concerns at the Park District level 46 although there may have been testimony in the public comments received. Ms. Van Vlack asked what the 47 depth of the water is where the 15 feet of fence is in the water. Mr. Kutulas stated there have been no 48 documented records of interactions with dogs or citations although there were concerns which led to the Page 5 of 547 January 28, 2026 Page 4 1 fence being installed in 2009 at Elder Lane Park, which has been closed for the last five years. He added 2 the water depth at the end of the 15 feet would range from 1 to 1.5 feet. 3 4 Ms. Van Vlack noted dog park regulations require four enclosed walls and water is not a barrier. She stated 5 to call the area a dog park would not then be accurate in terms of Cook County regulations. Mr. Francke 6 stated the word “enclosed” is used in the Cook County regulations but is not defined and the question 7 related to the lake being considered as part of the enclosure. He then identified several similar examples 8 of other dog beaches having the fourth side barrier being the lake. Ms. Van Vlack questioned whether it 9 would need to be redefined as a dog friendly park. Mr. Francke stated the term “dog friendly park” is not 10 clearly defined and having the fence extend across the length of the shoreline to serve as the fourth barrier 11 is not desirable. Ms. Van Vlack stated they have to determine which rules need to be defined and applied. 12 13 Trustee Orsic referred to the 2010 photo and fence and asked if the new fence would be in the same exact 14 location. Mr. Kutulas explained that the fence in the photo is approximately 20-30 feet south of the 15 proposed fence location. He noted to enlarge it and keep it more close to what it is or what it was 16 originally to go further to the north. Mr. Kutulas stated by design that it is very similar. He noted it would 17 be smaller than the previous dog park by approximately 40 feet. 18 19 Mr. Blum asked if the proposal is for a dog park or for a dog friendly area. Mr. Francke explained the 20 differences in the language between the Cook County ordinance for a dog park and the Village ordinance 21 which did not distinguish between the two terms of off leash dogs or a dog friendly area. He confirmed 22 the Park District wanted to be in compliance with the law. Mr. Blum then referred to the second and fifth 23 standards and whether the lake is considered as a second property. Mr. Francke responded the 24 application of special uses standards for adjoining properties are those that are used, occupied and 25 enjoyed by neighbors. He confirmed there is fencing in the Lake Bluff example which is not a chain link 26 fence with the remaining examples to have at least one chain link portion. Mr. Kutulas explained how the 27 dog beach operated seasonally. He also summarized in detail the survey response for the dog beach 28 location. 29 30 Ms. Case asked if other municipalities have gates in terms of traversing the beach. Mr. Kutulas referred to 31 Lake Bluff and identified a gate on the southbound side and described security procedures in other 32 locations. Mr. Bradley asked when the Cook County regulation was passed. Mr. Kutulas responded the 33 Park District was made aware in 2021 or 2022 that they were out of compliance with the county. Mr. 34 Bradley asked why the Park District put their ordinance into effect to disregard it, and for over 30 years 35 there has been negligence by multiple entities in terms of being aware of Cook County regulations that 36 required dog beaches to operate. Mr. Kutulas explained how they sought to become compliant in 2009 37 when the fence was put in place to have a north safety boundary and to ensure they are following the 38 proper permitting and procedures. Mr. Francke added the dog beach had already been operating after 39 the ordinance went into effect in 2010 and could be perceived as being grandfathered in. Mr. Bradley 40 asked why two gates are needed. Mr. Kutulas explained the reasoning for the off-leashing and on-leashing 41 area in a secured area. He also explained the rationale for the distance of the 15 feet of fencing into the 42 water and the rationale for having 240 linear feet of shoreline as opposed to the 170 feet decided on the 43 Park District Master Plan. He then explained how the request complied with the first two standards 44 although residents are required to pass through two gates to gain access to the beach through the dog 45 beach with compliance including the installation of signage. He referred to the number of obstructions 46 which prevent people from walking along the shoreline. Mr. Francke also stated the Commission has the 47 ability to recommend conditions relating to this concern. 48 Page 6 of 547 January 28, 2026 Page 5 1 Mr. Poor referred to other chain link fences at other dog beaches and to a letter submitted which stated 2 that none of them protrude 15 feet into the water. Mr. Francke confirmed they all have fencing at some 3 level and the Gillson Beach photo was taken at a time of year when the fence was not in the water. No 4 additional questions were raised at this time. 5 6 Chairperson Danley asked for public comment and for the comments to focus on issues which have not 7 been raised. She then swore in those speaking to this matter. 8 9 John Root referred to Section 6.8.20 of the Village ordinance prohibiting dogs from running at large. He 10 stated an exception to the ordinance would be approved to have this fence and referred to a photo of 11 Gillson Beach which showed a fence at the water line. Mr. Root also referred to photos of other beaches 12 where the fences do not extend into the lake. 13 14 Joanna Karatzas from Winnetka described the plans for the off leash dog beach as vague and misleading 15 and she read her statement into the record. She asked for the special use permit to be denied. 16 17 Laurie Peterson read Mary Garrison’s letter into the record who asked for the special use permit request 18 to be denied. 19 20 Mark Hecht from Winnetka described the proposed plan as an ill-conceived use of Village and Park District 21 property with there being better ways to handle the issue. He suggested entirely prohibiting dogs from all 22 lakefront property during regular swimming hours and allow everyone to freely use the entire lakefront. 23 Mr. Hecht also suggested the use of stone jetties with the suggestion that these alternatives be used for 24 a couple of years to determine if they are effective. 25 26 Jude Overly, a 33 year Fuller Lane resident, stated she has never seen any aggressive behaviors over her 27 years of using the beach and there is no need to have a fence to protect dogs and residents. She described 28 incidents of dogs having issues with fences. Ms. Overly referred to one particular non-Winnetka resident 29 who hoped for the fence and asked for the application to be denied and for the dog beach to be left open 30 for all residents and their dogs. 31 32 Susie Schreiber, past Park District commissioner and a past member of this Commission, read a statement 33 into the record which referred to the numerous amount of accidents and deaths in Illinois beach state 34 parks and along the shorelines as well as the lack of Illinois shoreline safety regulations. She concluded by 35 asking for the terminology of shoals not to be used in reference to Centennial beach. 36 37 Irene Smith, a 40 year Winnetka resident, referred the Commission to a photo of Centennial Beach and 38 described the Park District’s convoluted proposal to have a fence in the lake. She stated creating a cage 39 for the limited number of Winnetka pass holders did not make sense. Ms. Smith stated the waters are 40 navigable and did not contain shoals and asked for the special use permit be denied. 41 42 Angie Dahl, a 40 year Winnetka resident, stated she has served as a Park District President and on several 43 Village advisory boards. She described the unsafe and impassable condition of the beach which has 44 occurred over the years. Ms. Dahl stated when the public went to the IDNR to ask for clarification with 45 regard to several lakefront matters, the response was that the Village could have denied all of the 46 approvals since the Village has final jurisdiction over the lakefront. She then referred to the amount of 47 complaints with regard to the proposal and asked the Commission to deny the request. 48 Page 7 of 547 January 28, 2026 Page 6 1 Alexandra Nichols, 900 Mt. Pleasant, stated there are serious safety concerns with fences at the dog beach 2 and there has been a violation of the doctrine of public use. She then read her statement into the record 3 and asked for the special use permit be denied. 4 5 Peggy Martay, a 50 year Winnetka resident, read her statement into the record and asked for the special 6 use permit to be denied. 7 8 Steve Juliusson, a 20 year Winnetka resident, read his statement into the record and asked for the special 9 use permit to be denied. 10 11 Susan Curry, 375 Hawthorn, stated the dog beach and park are important to the community and the 12 described discussions relating to moving some of those facilities to other parts of the area as off. She 13 described the dog beach as a family beach and stated they can all come together find a way for everyone 14 to enjoy the beach. Ms. Curry also stated she had not heard of any issues regarding safety or security with 15 there being diversity across the waterfront and concluded nothing needed to be changed. 16 17 Katie Stevens referred to the restrictive covenant signed between Orchard 2020 and the Park District 18 which did not include a fence permit at that time and would freeze Centennial Beach’s use for 50 years. 19 She stated the fencing may become permanent and may end up on private land with a land swap. Ms. 20 Stevens also referred to access limitations with fencing becoming a nuisance and referred to specific code 21 requirements. 22 23 David Stevens, Winnetka resident, referred to the referenced water depth which would be well over 3 24 feet and would present a restriction in terms of those who want to use the beach. 25 26 Ted Wynnychenko asked for the special use permit to not be approved and referred to the half-truths 27 being presented at this meeting. He also referred to fences and restrictions at other beaches, the lack of 28 shoals, etc. Mr. Wynnychenko questioned the Park District’s right to put a fence across the high water 29 mark area and referred to the binding exchange agreement in place with regard to the overlay district 30 requirements which would result in private land ownership. 31 32 Melissa Meizel, a 30 year Winnetka resident, referred to the 460 linear foot proposal and contemplated 33 use by dog owners which she described as an excessive allocation of resources. She also referred to 34 whether it would be a dog beach, dog park and that “temporary” would result in “until further notice.” 35 Ms. Meizel stated there has been no investigation in connection with fences at other beaches other than 36 the one which supported the applicant’s position. She concluded they are being treated with ambiguity, 37 obfuscation, distortion, etc. and asked for the special use permit to be denied. No additional comments 38 were made at this time. 39 40 Chairperson Danley closed public comment and asked the applicant if they would like to respond at this 41 time. 42 43 Mr. Francke clarified the reason as to why Mr. Kutulas explained the term “temporary fencing” in some 44 places and not others. He also stated with regard to the plan being presented in bits and pieces, the Park 45 District is working on plans for Elder and Centennial Beaches following the Commission’s consideration of 46 the prior plan in 2025 which is what was intended by the term “temporary.” Mr. Francke also referred to 47 the written comment relating to guidelines with regard to temporary approval which the Park District 48 would not be opposed to. He stated with regard to the dog beach size, if these concerns are shared and Page 8 of 547 January 28, 2026 Page 7 1 recognizing the shared beach and making it a condition that the Park District explore alternatives including 2 a design which did not require pass through. Mr. Francke stated there are alternatives to address a 3 number of responses made. 4 5 Chairperson Danley called the matter in for discussion and summarized the issue presented to the 6 Commission as to whether the fencing met the standards. Mr. Alt stated he would not be in favor for a 7 number of reasons and referred to the waste of time and money the Park District continued to bring to 8 the Commission and others. He stated while the presentation was strong, he asked the applicant to put 9 together a plan that is safe and would work for the community. Ms. Van Vlack stated the Commission 10 should not decide what the dog beach should be called and although delineation would have been helpful, 11 she identified the tasks the Commission is to consider. She stated based on the presentation, it is not clear 12 that the proposal met that documented necessity and she also had an issue of approving an item 13 categorized as temporary. Ms. Van Vlack concluded she would not vote in favor of the request. 14 15 Mr. Enck agreed with the comments made and stated generally, if a fence is needed for use separation 16 but it is only three sided, it did not meet that requirement and no one wants a four sided fence. He stated 17 extending the fence an arbitrary distance into the lake did not solve the issue. Ms. Case agreed with the 18 comments made and stated standards (a) and (b) have not been met. She stated she is concerned with 19 regard to safety in terms of the fence in the water and having to go through four air locks to get to the 20 beach. Ms. Case stated the Commission is being asked to approve something in a vacuum when they do 21 not know what the rest of the proposal would be. Mr. Blum agreed with the comments made and 22 indicated the ZBA may address the issue of increased parking. He then referred to the restrictive covenant 23 issue and asked that they find a path forward to get the beaches open. Mr. Blum concluded most of the 24 standards have not been met and asked the Village Attorney to draft language which outlined the 25 Commission’s opposition. 26 27 Mr. Poor stated he came to the similar conclusion as the rest of the Commission Members and described 28 his use of the dog beach. He stated a 15-foot fence in the lake would present security issues for dogs who 29 love the water. Mr. Poor stated the dog beach existed prior to 2010 and worked well. He described the 30 risks and safety issues a 15-foot fence presented and the request did not satisfy the first two standards 31 and he would vote against the request. Mr. Bradley stated there may be a call for everyone to work 32 towards a temporary condition and viable path which would bide some time in connection with the issues 33 between the prior plan and future plans for Centennial and Elder Beaches. He stated a strict standard 34 interpretation of the standards would put a zero sum solution on the table. Mr. Bradley stated the beaches 35 cannot be left alone and littoral drift among other issues needed to be addressed. He concluded by stating 36 a short term solution needed to be reached while a longer term plan can be achieved. The Commission 37 Members agreed a solution is needed. 38 39 Trustee Orsic informed the Commission dog beach pass owners came to a Village Council meeting and 40 stated they are not in favor of fences or wedded to this location. She stated while there has not been a 41 fence there for a period of time, she referred to the dangers of having children and dogs play in the water 42 with a submerged fence. Trustee Orsic referred to the wood slat temporary fence at Highland Park and 43 agreed a solution needed to be reached for Elder Beach to be opened. Chairperson Danley agreed with 44 Mr. Bradley’s comments and reiterated her statement at the time the entire plan was presented to the 45 Commission is that in making a decision, they all want the beaches to be open. She stated she is concerned 46 with the first two standards and referred to the safety concerns raised with regard to children and dogs. 47 Chairperson Danley stated having a fence in the water would not serve to address the safety concerns. 48 She also referred to the difficulty if they were to impose conditions which would be numerous as well as Page 9 of 547 January 28, 2026 Page 8 1 the interaction between those beach goers and dog owners with a solution being made that took that 2 into account with the posted sign being insufficient. Chairperson Danley concluded she is not in favor of 3 the request. 4 5 Mr. Francke asked if the Park District could present a plan that eliminated the fencing in the water and 6 provided for a by-pass for public access around the dog beach at a future Plan Commission meeting. The 7 Commission was not receptive to an amended plan being presented to them after all the public comments 8 related to the submitted plan. Chairperson Danley suggested the applicant can present those options to 9 the ZBA. She then asked for a motion. 10 11 Mr. Blum moved to recommend denial of the special use request permit and to direct the Village Attorney 12 and Village staff to prepare written findings and determinations consistent with the Commission’s 13 comments and the record from this public hearing for proposed consideration at the Commission’s next 14 meeting. Ms. Case seconded the motion. A vote was taken and the motion unanimously passed, 7 to 0: 15 AYES: Alt, Blum, Case, Danley, Enck, Poor, Van Vlack 16 NAYS: None 17 NON-VOTING: Bradley, Orsic 18 19 b. Case No. 26-02-SU: 736 Elm Street - Solidcore: An application seeking approval of a Special Use 20 Permit submitted by Solidcore, as the prospective lessee of the commercial space located at 736 Elm 21 Street to allow a personal fitness facility in the C-2 General Retail Commercial Overlay District. The 22 property is currently owned by MDG Winnetka One, LP. The Village Council has final jurisdiction on this 23 request. 24 Mr. Marx summarized the special use permit requested and identified the property’s location in the One 25 Winnetka development and zoning classification with the proposed space to be occupied in the 26 Commercial Overlay District. He then identified the Overlay District boundaries as well as the proposed 27 use in an illustration for the Commission. Mr. Marx summarized the business operations, number of 28 employees and hours of operation which would be appointment-only classes. He also summarized the 29 proposed parking plan and use occupancy in detail. Mr. Marx summarized the One Winnetka final planned 30 development approval, the partial approval of special use findings for medical and financial service uses 31 and noted cultural recreational and entertainment uses, which includes personal fitness facilities, did not 32 receive partial approval in the One Winnetka planned development with all 12 special use standard being 33 applicable that are provided on pages 101 and 102 of the agenda packet. 34 35 Mr. Marx stated following the applicant’s presentation, public comment and Commission discussion, the 36 Commission may decide to either continue the application to a date certain to allow time to address any 37 questions or comments or consider a motion recommending approval or denial of the special use permit 38 with draft language included on pages 101-102. He then asked if there were any questions. 39 40 Chairperson Danley referred to the Commission's prior discussion regarding the allowance for special use 41 permits and asked what information is there available on other building tenants other than the Ballyhoo 42 restaurant. Mr. Mangum referred to the Charles Schwab and the Winnetka Aesthetic Studio approved 43 special uses as well as the Arkadia restaurant which would be a permitted use in the development. He 44 noted there is one additional special use application which was submitted for a medical-related use as 45 well as another restaurant concept which would be a permitted use. Chairperson Danley asked if there 46 were any questions. 47 48 Ms. Van Vlack asked if any of the remaining space available would be a restaurant or special use. Mr. Page 10 of 547 January 28, 2026 Page 9 1 Mangum confirmed all of the spaces have been leased. He stated they do not have all of the information 2 available yet for the upcoming special use request. Ms. Klaassen confirmed there are limits for medical 3 and financial special uses. Ms. Van Vlack asked how many potential retail spaces remain on Elm Street. 4 Mr. Mangum stated there are no retail spaces remaining. No additional questions were raised at this time. 5 6 Chairperson Danley asked for the applicant’s presentation. She swore in those speaking to this matter. 7 Melanie Nifong, Solidcore Senior Director of Operations and Sean Jackson of DxU Architects introduced 8 themselves to the Commission. Chairperson Danley referred to the proposed hours of operation and the 9 applicant’s other locations around the country. She asked if there has been discussion whether the 10 proposed schedule would generate the same amount of people as in their other locations. Ms. Nifong 11 stated other suburban locations have a fully robust schedule which she described for the Commission. 12 She noted their closest location to the Village is in Buffalo Grove which has over 600 members. Ms. Nifong 13 also described the demographic. Mr. Bradley stated he is concerned with regard to the evening hours and 14 whether the space would compete with other uses such as a restaurant. Mr. Jackson identified the existing 15 parking on Lincoln and Elm as well as the dedicated spaces in the One Winnetka development. He noted 16 their patrons would not all drive to the location which include those using the train. Mr. Jackson also 17 stated a parking analysis was previously done for the entire One Winnetka development. Mr. Bradley also 18 questioned the noise component. Mr. Jackson responded it would be in the 40-50 decibel range, and they 19 have a consultant which provided recommendations for their locations which include the fact that 20 residents are located above the location. Ms. Nifong estimated 50% of their locations are in mixed use 21 buildings. 22 23 Chairperson Danley asked the applicant if they considered any other properties. Mr. Jackson responded 24 the applicant’s real estate team reviewed other properties in the area. Ms. Nifong stated they had to close 25 their Vernon Hills location during Covid. Chairperson Danley asked if there were any questions. 26 27 Ms. Van Vlack questioned the in-person staff makeup which Ms. Nifong described for the Commission. 28 Mr. Jackson confirmed there would be times no music is being played during in the 10 minute gap between 29 classes and stated they were advised by an acoustical engineer in terms of sound. Ms. Nifong described 30 the coaching staff and noted the door would be locked. Mr. Blum stated he is concerned with regard to 31 double counting parking spaces in terms of overlap. Ms. Nifong added no shower amenities would be 32 provided. 33 34 Mr. Poor stated while he appreciated the acoustical mitigation efforts, he referred to the residential units 35 above and asked if they would be able to hear music. Mr. Jackson explained the way in which the space 36 would be defined. He informed the Commission the acoustical report can be provided to the Commission. 37 Ms. Nifong noted sound testing is done prior to opening their locations. Ms. Van Vlack asked what would 38 be done to keep with the building’s aesthetic in terms of signage. Mr. Marx explained that the applicant 39 was asked to provide a general context for the proposed signage for consideration by the DRB and referred 40 to the elevation renderings. He also noted backlit lighting was originally proposed for the sign but it was 41 changed to external illumination. No additional questions were raised at this time. 42 43 Chairperson Danley stated there is no one in the audience to comment and called the matter in for 44 discussion. 45 46 Ms. Case stated this is not the right venue for this use and referred to the amount of issues relating to 47 parking. She stated the Commission was under the impression that the developer would seek retail or 48 restaurant uses as opposed to another special use. Ms. Case identified several special use businesses in Page 11 of 547 January 28, 2026 Page 10 1 the area and stated given the parking use by the applicant, parking would be full constantly. She concluded 2 this space would not be a good fit for this use. Mr. Blum agreed with Ms. Case’s comments and stated if 3 the Overlay District is worth having, the requirements should be enforced. He stated there should be some 4 semblance of retail in the front and he would not be in favor of the request. 5 6 Mr. Poor stated he appreciated the applicant’s presentation and agreed with the comments made. He 7 stated he would not be in favor of the request. Trustee Orsic stated while there is a demographic which 8 would like the use, she suggested the applicant look for another location. She questioned why the 9 developer did not come to the meeting to further explain the request. Mr. Alt stated while they want the 10 business in the community and there is a demand for it, he referred to the One Winnetka project being 11 an idea for a decade and there has not been a demand for a retailer in this space. He questioned whether 12 this business would be a more modern use for the space and stated this type of business would be 13 attractive to the area and would draw a diverse demographic. The Commission Members discussed similar 14 cases which were denied and the Commission Members summarized their positions. 15 16 Mr. Enck stated his initial concern related to parking and referred to other special uses which generate 17 foot traffic for other businesses. He commented it would be nice if the use was in an area which supported 18 other businesses. Mr. Bradley stated his initial thought was to recommend approval and agreed with Mr. 19 Alt’s comments relating to hanging on to retail uses at the cost of denying other businesses. He questioned 20 why they would deny a use that would be preferred by the younger generation and good for the Village. 21 Mr. Bradley also stated he is concerned with the door being locked and commented the number of people 22 in and out of the use would be beneficial. He agreed parking is an issue and commented they should not 23 recommend denial of a cool and upcoming use. 24 25 Chairperson Danley commented while the proposed use may be a great idea and a good business draw 26 for the Village, she would feel better if it was in a different location. She also stated she is concerned with 27 regard to standard nos. 5 and 7 and referred to the post office site development and the draw on parking. 28 Chairperson Danley stated there would not be a pedestrian draw with only special uses in the area and 29 described the process as unfair to the applicant. She stated if they were to accept the premise that this 30 would only be a special use building, they would kill any type of pedestrian nature for the area. 31 Chairperson Danley concluded it came down to the space they are evaluating and whether the use met 32 the standards and in this instance, it did not and she would not be in favor of the request. The Commission 33 Members discussed whether the application would have been approved at a different point in time. 34 35 Chairperson Danley took a straw poll of the Commission Members and asked for a motion. A motion was 36 made by Mr. Poor to recommend denial of the special use request. The motion was seconded by Mr. 37 Blum. A vote was taken and the motion passed, 5 to 3: 38 AYES: Blum, Bradley, Case, Danley, Poor 39 NAYS: Alt. Enck, Van Vlack 40 NON-VOTING: Orsic 41 42 New Business. 43 a. February 25, 2026, Meeting – Quorum Check. 44 The Commission Members discussed their availability. 45 46 Adjournment: 47 Chairperson Danley asked for a motion to adjourn. A motion to adjourn was made and the motion was 48 seconded. A vote was taken and the motion unanimously passed, 8 to 0: Page 12 of 547 January 28, 2026 Page 11 1 AYES: Alt, Blum, Bradley, Case, Danley, Enck, Poor, Van Vlack 2 NAYS: None 3 NON-VOTING: Orsic 4 The meeting was adjourned at 11:10 p.m. 5 6 Respectfully submitted, 7 8 Antionette Johnson 9 Recording Secretary Page 13 of 547 MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: SCOTT MANGUM, DIRECTOR ANN KLAASSEN, ASSISTANT DIRECTOR DATE: FEBRUARY 19, 2026 SUBJECT: CENTENNITAL BEACH FENCE – 225 SHERIDAN ROAD SPECIAL USE PERMIT (CASE NO. 25-28-SU) INTRODUCTION On February 25, 2026, the Plan Commission (“PC”) is scheduled to consider the attached findings and recommendation of the PC in response to an application submitted by the Winnetka Park District (the “Applicant”), as the owner of the property located at 225 Sheridan Road (the “Subject Property”) and considered by the Plan Commission on January 28, 2026 (Attachment A2). The Applicant is proposing installation of fencing on the existing beach located on the Subject Property and requests approval of the following relief: 1. Approval of a Special Use Permit to allow installation of fencing on the existing beach on the Subject Property, which is located in the R-2 Single-Family Residential Zoning District and the Lakefront Preservation Overlay District. As of the date of this memo, staff has received several written comments from the public regarding this request. Written comments that were not included in the January 28 PC agenda packet but were distributed to the PC in time for that meeting, as well as written comments received since the January 28 meeting are included in Attachment C2. JANUARY 28, 2026, PLAN COMMISSION MEETING On January 28, 2026, the PC held a public hearing on the Applicant’s zoning relief application for proposed improvements to the existing beach located on the Subject Property. The staff report for the January 28 meeting can be found in Attachment B2. After a presentation by staff and a presentation by the Applicant, the PC heard from 16 members of the public. 15 of the speakers spoke in opposition to the proposed plan. The PC then discussed the request. Members expressed concerns regarding, among other things, safety of the fencing in the water and people having to walk through an area designated for dogs to be off-leash in order to traverse the beach. Hence, the Commission found that the proposed use does not meet the standards for granting a special use permit. After all public comment and after hearing the comments of the PC, the Applicant immediately prior to the vote asked if it could present a plan that eliminated the fencing in the water and provided for a by-pass for public access around the dog beach at a future PC meeting. The PC was not receptive to an amended plan being presented to them after all of the public comments related to the submitted plan. Therefore, by a vote of 7-0, the PC directed the Village Attorney to prepare a draft Page 1 Page 14 of 547 recommendation of denial with written findings and determinations based on the PC’s discussion for consideration at the next Plan Commission meeting on February 25, 2026. A copy of the draft January 28 meeting minutes is included in the February 25 agenda packet for the PC’s consideration. CONSIDERATION BY OTHER ADVISORY BOARDS The proposed fence also requires review by the Zoning Board of Appeals (“ZBA”) (Special Use) and the Design Review Board (“DRB”) (Certificate of Appropriateness). Given the Park District Board authorized an amended plan at its February 5, 2026, meeting, and the amended plan had not been submitted to the Village for review prior to the February 9, 2026, ZBA meeting, when the ZBA was scheduled to consider the request, by a vote of 7-0, the ZBA continued the item to the March 9 ZBA meeting. The DRB is tentatively scheduled to consider the Certificate of Appropriateness for the design of the proposed fencing on March 26, 2026. PLAN COMMISSION FINDINGS & RECOMMENDATION As noted in the January staff report, the PC is charged with evaluating Special Uses for consistency with the six standards for granting specials use permits. Attachment A2 contains the findings and recommendation with regard to the Applicant’s special use permit application that were prepared at the PC’s direction during the January 28 meeting. At the February 25, 2026, meeting, the PC is scheduled to consider the findings and recommendation and take a final vote on the request. If the PC is prepared to make a final decision regarding the Special Use Permit request, a member must make a motion approving the written findings and recommendation to deny the Special Use as requested by the Applicant in its application to allow installation of fencing on the existing beach on the Subject Property. ATTACHMENTS Attachment A2: Findings and Recommendation of PC on Special Use Permit application for Case No. 25- 28-SU Centennial Beach 225 Sheridan Road Attachment B2: January 28, 2026, PC Meeting Staff Report Attachment C2: Public Correspondence Received Since Posting of January 28, 2026, PC Agenda Packet Page 2 Page 15 of 547 ATTACHMENT A2 Winnetka Plan Commission Findings and Recommendation – Case No. 25-28-SU Special Use Centennial Beach 225 Sheridan Road 1 of 4 FINDINGS AND RECOMMENDATION FOR THE VILLAGE OF WINNETKA PLAN COMMISSION CASE NO. 25-28-SU SPECIAL USE APPLICATION BACKGROUND 1. The Winnetka Park District (“Applicant”) is the owner of property commonly known as Centennial Beach, located at 225 Sheridan Road (“Subject Property”). 2. The Applicant filed an initial application on October 21, 2025 (“Application”), seeking approval of a special use permit (“Special Use”) to install two chain link fences (“Proposed Fencing”) to provide an enclosed area on the Subject Property for an off-leash dog beach. 3. The Subject Property is located in the Village’s R-2 Single-Family Residential Zoning District and the Lakefront Preservation Overlay District pursuant to the Winnetka Zoning Ordinance, as amended (“Zoning Ordinance”). 4. The Subject Property consists of approximately 5.3 acres and is located on the east side of Sheridan Road generally between Fuller Lane and Elder Lane. 5. Pursuant to the Zoning Ordinance, the Subject Property has two front yards (i) the street frontage along Sheridan Road to the west; and (ii) lake frontage along Lake Michigan to the east. REQUESTED SPECIAL USE The Applicant requests a Special Use for the construction and use of the Proposed Fencing. The Zoning Ordinance generally allows park and recreational uses in any zoning district within the Village but only by special use permit. Therefore, any new park and recreational facilities or major changes proposed to existing park and recreational facilities, such as the Proposed Fencing, requires approval of a special use. PUBLIC HEARING 1. A public hearing was properly noticed in the Winnetka Talk on January 8, 2026, mail notice was sent to property owners within 250 feet of the Subject Property, and a sign was posted on the Subject Property indicating the time and date of the public hearing. 2. The Winnetka Plan Commission held the public hearing on January 28, 2026. 3. During the public hearing, the Applicant presented testimony and exhibits for the Page 16 of 547 Winnetka Plan Commission Findings and Recommendation – Case No. 25-28-SU Special Use Centennial Beach 225 Sheridan Road 2 of 4 Application. The Applicant and its team discussed the proposed architectural design and materials and operational features of the Proposed Fencing for the off-leash dog beach. The Applicant testified that in its opinion, the project maintains public access, improves safety and maintains shoreline connectivity. 4. Some members of the public and the Plan Commission raised concerns about, among other things, the possible hazards that are created by the Proposed Fencing, the need for the Proposed Fencing, the size of the Proposed Fencing, the location of the Proposed Fencing, as well as the size of the proposed off-leash dog beach and the impact of the Proposed Fencing on neighboring public property. 5. Members of the Plan Commission further expressed concerns regarding the safety of the Proposed Fencing for both individuals and dogs, and the size of the Proposed Fencing. They also questioned the location of the Proposed Fencing, as the design plans would have the Proposed Fencing along the full depth of the beach and thus require members of the public to enter the off-leash dog beach in order to fully traverse the beach from north to south or south to north, which would block access to the beach and create significant safety issues. 6. Additionally, members of the Plan Commission noted that the Proposed Fencing for the off-leash dog beach was piecemeal because the Application was only for a small portion of the Village’s beachfront and that approving the Proposed Fencing for the off-leash dog beach without an application for the full lakefront project as a whole was not reasonable. Further, members explained that based on the Applicant’s presentation, they did not believe the Proposed Fencing was necessary or used the least intrusive means to accomplish the Applicant’s plans. FINDINGS REGARDING STANDARDS FOR SPECIAL USE Section 17.56.010 of the Zoning Ordinance provides certain special types of uses, which because of their specific characteristics in relationship to uses permitted by right in a particular district, or the services which they provide, cannot be properly permitted by right in a particular district without consideration, in each case, of the impact of such uses upon neighboring land, or of the public need for such uses at a particular location. A special use is a type of property use permitted within a zoning district so long as the use meets certain criteria or conditions. The purpose of special uses is to provide for those uses that are either necessary or generally appropriate for a community but that may require special regulation because of unique or unusual impacts associated with them. Pursuant to Section 17.56.120, a special use permit will not be granted unless it satisfies, in the Village Council’s legislative discretion, the following six standards: 1. That the establishment, maintenance and operation of the special use will not be Page 17 of 547 Winnetka Plan Commission Findings and Recommendation – Case No. 25-28-SU Special Use Centennial Beach 225 Sheridan Road 3 of 4 detrimental to or endanger the public health, safety, comfort, morals or general welfare; 2. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; 3. That the establishment of the special use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; 4. That adequate measures have been or will be taken to provide ingress and egress in a manner which minimizes pedestrian and vehicular traffic congestion in the public ways; 5. That adequate parking, utilities, access roads, drainage and other facilities necessary to the operation of the special use exist or are to be provided; and 6. That the special use in all other respects conforms to the applicable regulations of this and other Village ordinances and codes. The Plan Commission finds that, notwithstanding the Applicant’s representations, regarding compliance with the standards for special uses under the Zoning Ordinance, that the Proposed Fencing does not satisfy the required standards under Section 17.56.120 of the Zoning Ordinance. RECOMMENDATION The Plan Commission recommends to the President and Trustees denial of the Special Use as requested in the Application for the Proposed Fencing. This report is adopted by a __ to __ vote of the Plan Commission, this 25th day of February, 2026. AYES: NAYS: ABSENT: Respectfully Submitted, PLAN COMMISSION OF THE VILLAGE OF WINNETKA Page 18 of 547 ATTACHMENT B2 MEMORANDUM VILLAGEOF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: SCOTT MANGUM, DIRECTOR ANN KLAASSEN, ASSISTANT DIRECTOR DATE: JANUARY 22, 2026 SUBJECT: CENTENNIAL BEACH FENCE – 225 SHERIDAN ROAD SPECIAL USE PERMIT (CASE NO. 25-28-SU) INTRODUCTION On January 28, 2026, the Plan Commission is scheduled to commence a public hearing on an application submitted by the Winnetka Park District (the “Applicant”), as the owner of the property located at 225 Sheridan Road (the “Subject Property”). The Applicant is proposing installation of fencing on the existing beach located on the Subject Property and requests approval of the following relief: 1. Approval of a Special Use Permit to allow installation of fencing on the existing beach on the Subject Property, which is located in the R-2 Single-Family Residential Zoning District and the Lakefront Preservation Overlay District. A mail notice was sent to property owners within 250 feet of the Subject Property in compliance with the Zoning Ordinance, informing them of the public hearing being held by the Plan Commission. The hearing was also properly noticed in the Winnetka Talk on January 8, 2026. Additionally, a public notice sign was posted on the Subject Property informing the public of the Plan Commission meeting. As of the date of this memo, staff has received five written comments from the public regarding this application which are included in Attachment B. The Village Council has final jurisdiction on this application, as the Council has sole authority to grant a Special Use Permit. PROPERTY DESCRIPTION The Subject Property, which is approximately 5.3 acres (230,911.56 square feet) in size, is located on the east side of Sheridan Road generally between Fuller Lane and Elder Lane and contains Centennial Beach and Park (see Figure 1). Under the Village Zoning Ordinance, the Subject Property has two front yards: (i) the street frontage along Sheridan Road to the west; and (ii) lake frontage along Lake Michigan to the east. The Comprehensive Plan designates the Subject Property as appropriate for “Open Space” land uses, which includes public parks & recreation facilities, pocket parks/plazas, and Cook County Forest Preserve Land (see Figure 2). The Comprehensive Plan also includes the following related goals: Page 1 Page 19 of 547 Goal 1.7: The Village will continue to ensure that open space uses, such as Park District parks, beaches, and facilities, are compatible with the residential neighborhoods in which they are located. Initiative 1.7.1: Study and consider establishing a specific zoning district for open space uses, or specific zoning standards for such uses within existing residential districts. This would allow more appropriate zoning standards for these uses. Goal 6.1: The Village will continue to promote and encourage partnerships with other units of government and agencies to conserve, restore, and enhance natural features and ecosystems, to ensure accessibility to natural areas, parks, and other open or public spaces, and to support recreational facilities and programs that support the health of residents of all ages and abilities. Initiative 6.1.1. Continue to collaborate with the Park District, local school districts, Forest Preserves of Cook County, and others to create opportunities that enhance accessibility to the open spaces of Winnetka. (refer to initiative 8.3.5) Initiative 6.1.2. Continue to collaborate with the Park District, School District, Library District, Community House of Winnetka, and other community institutions to offer programs that maintain active and thriving Village recreation programs, offering a variety of sports, exercise, arts and crafts, cultural, life skills, educational, social, and leisure programs for residents of all ages and abilities. Goal 6.4: The Village will support health and wellness through innovative and diversified recreational, learning, and cultural opportunities in its public parks, plazas, trails, and open spaces. Initiative 6.4.4. Support the efforts of the Park District and other community organizations to expand and/or modify Winnetka’s recreational programming to fill gaps in services. Goal 6.5: The Village will support policies that preserve and protect the unique natural resources of and the recreational opportunities provided by the Lake Michigan shoreline and bluffs. Initiative 6.5.1. Continue to study and consider establishing development regulations addressing construction of shoreline stabilization projects and specific recreational projects in and adjacent to Lake Michigan and its shoreline that will not cause environmental damage to or interfere with the greater recreational opportunities provided by the Lake and adjacent areas. [Ordinance MC-05-2023 was adopted by the Village Council on March 21, 2023, which created a new chapter of Village Code – Chapter 15.78 Lakefront Construction.] Initiative 6.5.2. Study and consider establishing development regulations that requires construction on and adjacent to the bluffs along the Lake Michigan shoreline that protects, restores, and manages the stability of the bluffs and natural shoreline and that are contextually sensitive to the natural features of the bluffs. [Ordinance MC-01-2024 was adopted by the Village Council on February 6, 2024, amending the Zoning Ordinance concerning establishing bluff regulations for development in the steep slope area along Lake Michigan.] Page 20 of 547 The Subject Property is zoned R-2 Single Family Residential and is in the Lakefront Preservation Overlay District, and it is bordered by R-2 Single Family Residential to the north and south, and R-4 Single Family Residential to the west (see Figure 3). In addition to single-family residential uses, the R-2 District allows a limited range of additional uses by Special Use Permit. Allowed Special Uses in the R-2 District include (a) church or temple; (b) public school, elementary and high, or private school having a curriculum equivalent to a public elementary school, public high school or public institution of higher learning; and (c) library. In addition, the Zoning Ordinance allows park and recreational uses in any zoning district within the Village by special use permit approval. The Applicant’s current use of the Subject Property as a park and recreational facility is generally consistent with the Comprehensive Plan land use designation and the R-2 zoning district. The Applicant recently used the Subject Property as an off-leash dog area as well. Subject Property Figure 1 – GIS Aerial Map Page 21 of 547 Subject Property Figure 2 – Comprehensive Plan Land Use Map – Winnetka Futures 2040 Plan Subject Property Figure 3 – Zoning Map Page 22 of 547 PROPERTY HISTORY AND PREVIOUS ZONING APPLICATIONS Based upon documents provided by the Applicant, it appears that the Applicant has owned the Subject Property since 1969. There are six (6) previous zoning cases on file for the Subject Property, five of which occurred prior to the Applicant acquiring the Subject Property: 1. In 1923, ZBA Case No. 43 was approved to allow an addition to a nonconforming use for the North Shore Health Resort; 2. In 1945, ZBA Case No. 702 was approved to allow the alteration of a nonconforming use and building for the North Shore Health Resort; 3. In 1949, ZBA Case No. 751 was not approved to allow a building addition to the North Shore Health Resort; 4. In 1951, ZBA Case No. 776 was not approved to allow enclosure of the front entrance of the North Shore Health Resort; 5. In 1964, ZBA Case No. 935 was approved to allow the extension of a nonconforming use (North Shore Health Resort) with the construction of an accessory building; and 6. In December 2024, Case No. 24-08-SU received a recommendation of approval from the Zoning Board of Appeals for zoning variations and exceptions from the steep slope regulations, subject to approval by the Village Council of a special use permit, for which the ZBA recommended denial of, to allow improvements to the existing park and beach on the Subject Property. In May 2025, the Plan Commission (PC) recommended denial of the special use permit and steep slope exceptions. The application has been on hold at the Applicant’s request, since the PC made its recommendation. The application still requires review by the Design Review Board before being considered by the Village Council. It is the Village’s understanding that the Applicant is revising its previous plans and upon a revised submittal it is anticipated that the application will be considered first by the advisory bodies before it is considered by the Village Council. Figures 4 and 5 on the following page are current photos of the Subject Property. Figures 6 through 9 were taken in the summer of 2024. Page 23 of 547 Figure 4 – Subject Property – Looking North at Centennial Beach (January 2026) Figure 5 – Subject Property – Looking South at Existing Steel Groin on Centennial Beach & Stone Groin at 205 Sheridan Road Property (January 2026) Page 24 of 547 Figure 6 – Subject Property – Looking North at Centennial Beach (Summer 2024) Figure 7 – Subject Property – Looking South at Centennial Beach (Summer 2024) Page 25 of 547 Figure 8 – Subject Property – Looking North from Centennial Beach (Summer 2024) LAKEFRONT CONSTRUCTION AND STEEP SLOPE ORDINANCES Given the Subject Property is located along Lake Michigan it is subject to the lakefront construction ordinance, Chapter 15.78 of the Village Code, and the steep slope regulations, Chapter 17.82 of the Village Code. However, it is important to note that the proposed fence is not located within the steep slope zone; it is located lakeward of the toe of the bluff. The requirements of both chapters are administratively reviewed and approved by staff (in this case after zoning approval). However, an applicant may appeal the decision of staff regarding the application of the lakefront construction ordinance to the Village Council or may request exceptions from the steep slope requirements. The lakefront construction regulations govern construction along, adjacent to, and within Lake Michigan. A permit pursuant to the lakefront construction ordinance is required for any construction activity within Lake Michigan regulated areas that requires a permit from any of the following governmental agencies (“Permitting Agencies”): the United States Army Corp of Engineers, the Illinois Department of Natural Resources, the Metropolitan Water Reclamation District of Greater Chicago, or the Illinois Environmental Protection Agency (collectively, "Covered Construction"). Typical construction activity relates to beach preservation, which consists of steel or stone groins, revetments/bulkheads/seawalls, or other means of lakefront stabilization and preservation. The Village’s formal review and approval of such a permit occurs after the applicable zoning approvals and the regulatory agencies review and approve their respective permits. The Village’s review and approval is conducted administratively by the Village Director of Engineering in consultation with the applicant and the Village’s coastal engineering consultant. This review is based upon a set of criteria identified in the regulations. Page 26 of 547 Figure 9 - Existing Sea Wall on Subject Property (Summer 2024) The technical review and approval of proposed plans set forth in the lakefront construction regulations and the steep slope regulations occurs during the building permit process, which occurs after the zoning entitlement process (e.g. special use, variations, etc.). That said, during Village staff’s review of a zoning entitlement application, Village staff and consultants will conduct a preliminary review of the project for code requirements to determine if the development should be able to, in general terms, comply with administrative code requirements. Detailed construction plans are not required at this time, but the applicant is required to provide sufficient information so staff can determine whether the proposed site layout can be achieved and still comply with other Village regulations as noted above. If after the Village Council approves a special use permit and during the building permit process an applicant changes the design of the project to such an extent that it would be considered a major change, the applicant would be required to go through the full special use permit process again before staff issues a building permit. Regarding the Centennial Beach zoning relief application, the Applicant has submitted plans for the proposed fence that have been reviewed by the Village Director of Engineering and Village’s coastal engineer. The Engineering Department has provided comments to the Applicant. The Village Director of Engineering has determined that the responses provided by the Applicant address the review comments. The Applicant is aware that all of the approved permits from the Permitting Agencies will need to be provided, and a special use permit granted before the Engineering Department can issue final approval. Each advisory board and commission will review the application based upon the applicable standards for that advisory body. Their review is based upon these broad standards and not based upon a review of the technical code requirements for such items as the Village’s stormwater requirements, building code requirements, lakefront construction approval criteria, or steep slope regulation development standards. Those technical items are reviewed in detail administratively by qualified engineering staff during the building permit process. PUBLIC TRUST DOCTRINE Given the proposed improvements are located along the lakefront, it is important to review the nature and extent of the “public trust doctrine”. Generally, the “public trust doctrine” is a concept based upon an 1892 United States Supreme Court decision that held that lands under the navigable waters of Lake Michigan are held by the state in trust for the people of the state. This doctrine has since been codified by Illinois statue. Illinois courts have held that the boundary between private land and land owned by the Page 27 of 547 state in public trust is “the line where the water usually [stands] when unaffected by storms or other disturbing causes.” This line is variously referred to as the “water’s edge,” “still water shoreline,” “calm waterline,” “unaffected waterline,” or the “normal waterline.” Accordingly, in Illinois the boundary between private land and public land is the point at which the water normally stands (the "Normal Waterline"). A rule of thumb that generally applies in Illinois and other jurisdictions that rely on the Normal Waterline for the public-private property demarcation is that if your feet are wet, you are on public property, and if your feet are dry then you are on private property. Based on these principles, the demarcation line in Illinois between public and private land is the same demarcation line that identifies where land held in trust begins and ends – both lines are the Normal Waterline. The Illinois Supreme Court has held that the public trust doctrine for Lake Michigan extends “to recreational uses, including bathing, swimming and other shore activities.” The Normal Waterline may change over time as a result of various processes, including accretion, reliction, and erosion. Gradual changes to the Normal Waterline over time resulting in either increases or decreases in the amount of dry land are an “inherent and essential attribute of the original property,” and the property line changes with the Normal Waterline. However, if the addition or loss of property is sudden (i.e., caused by a violent storm), then the property line does not change The test of what change is gradual, as opposed to sudden, is “that though the witnesses may see from time to time that progress has been made, they could not perceive it while the process was going on”. Although a riparian owner may protect his property from erosion, he has no right to affect an increase of his own land, the result of which is a corresponding loss of land owned by the state in trust for the public. Under these principles, the owner of real estate fronting on Lake Michigan generally owns the property to the Normal Waterline, and the land east of the Normal Waterline is owned by the state in trust for the public. PROPOSED PLAN The Applicant is proposing installation of two rows of chain-link fencing, measuring 4 feet in height, set back 20 feet from both the north and south boundaries of Centennial Beach. The proposed fencing would be located at the base of the existing steel sheet pile wall and extend perpendicularly eastward across the beach into the lake. As described by the Applicant in the attached project narrative included in Attachment A, the purpose of the fencing is to provide an enclosure to allow off-leash dogs on the beach. The existing beach has been utilized as a dog beach since 1995, according to the Applicant. Patrons are required to have a key fob to access the existing beach from the top of the bluff above. The proposed fencing would enclose the beach area for dogs to be off-leash. Both the north and south fence would have access gates to allow the public to traverse the beach. The Applicant indicates in its narrative that they are planning for the access gates to remain unlocked, with the current key fob controlled access gate to remain at the top of bluff. North Fence. The north fence would extend a total of 91 feet from the existing steel sheet pile wall at the base of the bluff east towards the water (Figure 11). Approximately 40 feet of the fence would extend from the ordinary high water mark (OHWM) (581.5) into the lake. There would be a double access gate 10 feet in width to allow unleashing and leashing of dogs. The depth of the leashing and unleashing area would be 6 feet. The proposed access gate would be 24 feet east of the existing steel sheet pile wall, and approximately 17 feet west of the OHWM. Page 28 of 547 South Fence. The south fence would extend approximately 78 feet from the existing steel sheet pile wall east towards the water (Figure 12). Approximately 36 feet of the fence would extend from the OHWM into the lake. The double access gate would be located 16 feet east of the steel sheet pile and be 3’-3” in width. Similar to the north access, the depth of the leashing and unleashing area would be 6 feet. In response to staff review comments, including the Village’s coastal engineering consultant, the lakeward sections of fencing (east four or five sections) would be removable, so that these sections can be removed during late fall and winter and reinstalled in the spring. The proposed site plan and up-close excerpts of both the north and south fences, as well as elevations of the proposed fencing and gates are provided on the following pages. The complete set of plans is provided in the application materials, which are included in Attachment A. OHWM (Front Lot Line) Proposed Existing Stairs to Beach South Fence (key fob access) and Gate Proposed Existing Steel North Fence Sheet Pile Wall and Gate Figure 10 –Site Fencing Plan (Sheet L2.0) Page 29 of 547 OHWM (Front Lot Line) Property Line Between Centennial Park & Beach and 261 Sheridan Road Proposed Access Gate Figure 11 – Proposed North Fence (Excerpt of Sheet L2.0) Property Line Between Centennial Park & Beach and 205 Sheridan Road Proposed OHWM Access Gate (Front Lot Line) Figure 12 – Proposed South Fence (Excerpt of Sheet L2.0) Page 30 of 547 As proposed, to walk along the beach from the north end to the south end of the Subject Property, or vice versa, a member of the public would need to use the proposed access gates and walk through the dog beach. As noted earlier, both rows of fencing would be off-set from the north and south property lines by 20 feet, allowing for a pathway to access the stairs that go over the 205 Sheridan Road stone groin. Figure 13 – Proposed North Access Gate Figure 14 – Proposed South Access Gate Figure 15 – Elevation of North Fence Figure 16 – Elevation of South Fence Fence and wall height within required setbacks. With the adoption of the steep slope regulations, the Village also amended the Zoning Ordinance to redefine the front line along the lake as well as the front yard setback along the lake. The front lot line is now the ordinary high water mark (OHWM) and is defined as the line on the shore of Lake Michigan consistent with the U.S. Army Corps of Engineers’ administrative benchmark, which is currently set at 581.5’. The front yard setback along the lake is now defined as the toe of the bluff or 50 feet from the OHWM, whichever results in the line farthest from the OHWM. The Zoning Ordinance allows fences, walls, or a combination of a fence and wall within a required yard that is no taller than 6.5 feet from natural grade. While the proposed fence is located within the required front yard, at a height of 4 feet, it complies with the maximum permitted height. Therefore, the proposed fence complies with the zoning regulations. Page 31 of 547 CONSIDERATION BY OTHER ADVISORY BOARDS/COMMISSIONS The proposed fence also requires review by the Zoning Board of Appeals (Special Use) and the Design Review Board (Certificate of Appropriateness). Their respective reviews will occur after the Plan Commission’s review is complete. FINDINGS & RECOMMENDATION The Plan Commission is charged with evaluating Special Uses for consistency with the six standards for granting specials use permits. In the attached application materials submitted by the Applicant, the Applicant has provided a statement of justification regarding how the requested Special Use Permit meets the standards for granting the requested Special Use Permit. After hearing from the Applicant and the public, the Commission will have the following options: 1) Continue the public hearing to a specific date to provide the Applicant and/or staff with additional time to address questions and comments from the Commission. 2) Consider a motion recommending approval or denial of the Special Use. If the Plan Commission is prepared to make a recommendation to the Village Council regarding the requested relief, a Commissioner should make a motion recommending approval or recommending denial based upon the following standards and direct staff and the Village Attorney to prepare written findings and determinations for the Plan Commission’s consideration and final vote at a subsequent meeting: 1. The proposed improvement is consistent [is not consistent] with the Standards for the granting of Special Use Permits, as follows: a. That the establishment, maintenance and operation of the special use and associated exceptions will not be detrimental to or endanger the public health, safety, comfort, morals or general welfare; b. That the special use and the associated exceptions will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; c. That the establishment of the special use and associated exceptions will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; d. That adequate measures have been or will be taken to provide ingress and egress in a manner which minimizes pedestrian and vehicular traffic congestion in the public ways; e. That adequate parking, utilities, access roads, drainage and other facilities necessary to the operation of the special use exist or are to be provided; and f. That the special use and associated exceptions in all other respects conforms to the applicable regulations of this and other Village ordinances and codes. Page 32 of 547 As noted above, any motion on a decision by the Plan Commission should direct the Village Attorney to prepare written findings and determinations for the Plan Commission to consider and vote on at a subsequent meeting. ATTACHMENTS Attachment A: Application Materials Attachment B: Public Correspondence Page 33 of 547 ATTACHMENT A Page 34 of 547 Page 35 of 547 Page 36 of 547 Page 37 of 547 Page 38 of 547 Page 39 of 547 Page 40 of 547 Page 41 of 547 Dog Shower Amenities (Looking Northwest) Dog Beach Access Gate (Looking East) Page 42 of 547 Dog Beach Access Stairs (Looking East) Dog Beach Access Stairs Beach Level (Looking South) Page 43 of 547 Dog Beach Stairs Beach View (Looking West) Dog Beach (Looking North) Page 44 of 547 North Seawall (Looking West) North Seawall (Looking Northwest) Page 45 of 547 Dog Beach (Looking South) Bog Beach (Looking South) Page 46 of 547 Dog Beach South Property Line (Looking West) Dog Beach Seawall (Looking West) Page 47 of 547 Mid-level Bluff Sidewalk (Looking South) Mid-level Bluff Paver and Bench Area (Looking Southwest) Page 48 of 547 Mid-level Bluff Paver and Bench Area (Looking West) Mid-level Bluff Sidewalk (Looking South) Page 49 of 547 Mid-level Bluff Sidewalk to Park Area (Looking West) Upper Bench Southeast Section of Upper Parkland Page 50 of 547 Upper Park Sidewalk Southwest Corner of the Park (Looking East) Upper Park Sidewalk South End (Looking East) Page 51 of 547 Upper Park (Looking South) Upper Park (Looking East) Page 52 of 547 Upper Park Sidewalk (Looking North) Upper Park Center East Side (Looking East) Page 53 of 547 Upper Park Center Overlooking Dog Entry Gate (Looking East) Upper Park Sidewalk (Looking North) Page 54 of 547 Upper Park Area (Looking Southwest) Upper Park Area (Looking Northeast) Page 55 of 547 Upper Park Sidewalk (Looking Southwest) Sheridan Road Sidewalk South side of Park (Looking North) Page 56 of 547 Page 57 of 547 Page 58 of 547 Page 59 of 547 Page 60 of 547 ATTACHMENT B From: To: "Snow, Renee"; Altman, Steve; Hall, Soren G CIV USARMY CELRC (US); Robert Dearborn Cc: Ann Klaassen; Otto, Eric L.; Sophia R CIV Morgan Subject: Please include this message and attached documents in SUP request for Centennial Park fencing and in IDNR permit files LM2023004 and C20250015 Date: Wednesday, December 17, 2025 6:36:52 PM Attachments: Orchard 2020 behind the scenes instructions for Centennial Park Fence.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Snow and President Dearborn: Please consider the attached e-mail correspondence between a team of consultants and lawyers employed by Justin Ishbia or his proxies, and Commissioners and executives of the Winnetka Park District regarding Winnetka's Centennial Beach development. I ask the attached communication be included in your IDNR permit application files (LM2023004 and C20250015) and in the Village's file for the Winnetka Park District's current request for a Special Use Permit (SUP) to develop Centennial Park and beach. You already have in the public record copies of the Ishbia Family Foundation/Winnetka Park District January 2024 restrictive covenant involving a $3 million donation. The restrictive covenant agreement allows the Ishbia Foundation control over every detail of the proposed Centennial Fence design and gives the Foundation control over the proposed fenced area at Centennial Beach for half a century. Many see this agreement as a way for the Ishbia family to pay others to do something the IDNR forbids --- privatize a public beach built using an IDNR shore protection permit. Ms. Snow has received an enforcement request asking the IDNR to prevent the WPD from building a fence funded by Ishbia that would prohibit access to the new 205 beach. The attached below demonstrates direct and early involvement by Ishbia's team and their efforts to use the Park Board to gain a private beach. The attached communication pre-dates the 2024 donor agreement, but has the same flavor. The e-mail exchange is dated March 25, 2022. Warren James, a prominent Winnetka citizen and in 2022 an elected Commissioner of the Winnetka Park District, has received a long message from Tricia Charbonneau, a PR consultant and project manager for Seiler Consulting, the firm employed by Ishbia interests to guide the Winnetka Park Board toward a grand Centennial Beach development design that would effectively cut off public access across the beach below Centennial and the beach below 205 Sheridan. At the time there was one flat continuous beach interrupted only by a few small iron groins. A large new public beach was recently completed below 205 Sheridan using IDNR permit #LM2023. The Justin Ishbia residence continues under construction on the upland. Mr. James promises to respond fully to Ms. Chabonneau. You will not find his response in Park District records. I'm told, but can't confirm, the e-mail conversation shifted to a private messaging platform. Mr. Jame's e-mail is copied to John Peterson, former elected Commissioner and then the Executive Director of the Winnetka Park District. (Mr. Peterson continues to be Arbiter of the Ishbia Foundation Centennial Beach restrictive covenant agreement); WPD legal Counsel Steven Adams of Ancel Glink; Ishbia attorneys David Williams and Andrew Aron, both Page 61 of 547 principals of Williams, Bax and Saltzman; and Charbonneau's boss Gregg Seiler.   In her e-mail Ms. Charbonneau critiques the performance of tax payer- funded consultants as they presented the Centennial Beach development plan to the public and elected Commissioners for the the first time during a March 24, 2022 Park Board special meeting. (Which I attended). Ms. Charbonneau chides Jon Shabica for speaking about public access over and around lakeward structures. ("no reason to write or publicly discuss unless specifically asked" she says). During subsequent open houses re Centennial Beach Jon's slide re the IDNR's public access requirements isn't included. Ms. Charbonneau continues "Nor is there any reason for him ever to mention again the idea of permitting the Centennial project without the fence." (emphasis added). Here you see a team of lawyers and consultants in the employ of the neighboring private owner and IDNR fill permittee directing an elected Commissioner and the WPD's senior paid staff to steer their own consultants away from any word or drawing that might inform the public or keep the 205 neighbor from getting a private beach. No one in this conversation is protecting the public interest. Scott Freres, the WPD's landscape architect, is criticized for not using language "consistent" with their goals, and for unfolding design views that actually show everyone how massive a proposed stone pier will be. And then the Ishbia consultant objects other slides communicating the height of the project to the public. Skip down to item 5. of the e-mail, where Ms. Charbonneau plans another meeting for the Park District attorneys, staff and Mr. James to strategize how to "get ahead of the public" on the beach development push.   If there was ever any doubt the WPD has lost control of the Centennial Development plans, the proof is here, where we see it early in the process. And it continues, as Ishbia's team pummels a minor Cook County veterinary office with dog beach complaints and WPD staff nfind reasons (rabies control?) to justify a fence that doesn't belong on a beach. Its sad, but I don't think the Village or the IDNR can or should regard the Centennial Fence applications as products of an independent and public-facing Park District.   I hope the attached and above is useful to State and Federal Beach regulators and the Village staff tasked with reviewing the SUP application. In a separate e-mail I will send a photo of the entire beach area under discussion. Please let me know if you are not able to open this attachment. Best regards, Laurie Morse Page 62 of 547 Sent: 3/25/2022 12:00:00 AM From: Warren James <WJames@winpark.org To: "Tricia Charbonneau" "Costa Kutulas" Cc: "John Peterson" "Steven Adams" williams@wbs-law.com "Andrew Arons" "Gregg Seiler" Bcc: Importance: Normal Subject: Re: Orchard - notes on last night's presentation Thanks for the feedback Tricia. Very helpful. Will respond more fully before Tuesday. Warren James Commis s ioner P: (847) 501-2040 E: wja mes @winpa rk.org Winnetka Pa rk Dis trict | winpa rk.org From: Tricia Charbonneau <tc@seilerconsulting.com> Sent: Friday, March 25, 2022 1:26:42 PM To: Costa Kutulas Cc: Warren James; John Peterson; Steven Adams; williams@wbs-law.com; Andrew Arons; Gregg Seiler Subject: Orchard - notes on last night's presentation Team, Thank you again for the prep and presentation last night. Below please find some feedback, being shared to supplement the content and strategies for the future open houses and successful public comment period. 1. Shabica a. Take out the language in his slides that note the IDNR and Corps guidance about access up and over lakeward structures. No reason to write this or publicly discuss the grey area unless asked. b. Nor is there any reason for him to ever mention again the idea of permitting the project without the fence. It’s not helpful to anyone except the opposition. c. Please coach Jon on what topics to address in future forums. It would likely be best if answers only questions directed to him. 2. Scott Freres a. His opening comments about “this conversation happening in communities all up and down the lake” and “looking for creative solutions, new ideas, greater community benefit” and “focus on access - for more residents, for seniors, more with alternative abilities” is fantastic. b. However, as discussed with Warren, he was not in top form last night. For the future, please make sure he is more versed in the technical details of the project and nomenclature (use ‘planting pocket’ and other terms correctly). c. Graphics i. Change all language about “louvered air screens” to “louvers”. All presentations need to speak the same language. ii. The new elevation diagrams shown - the unfolded breakwater views - were not helpful in my opinion. First, they did not show the water line (they just showed the beach/lakebed) and this made the breakwater look super tall when further out in the lake. Furthermore, the louvers look 100% monolithic in this view and don’t help the cause. Oblique views that show the water line through and the horizon are much more effective. Is this new drawing conveying something essential? iii. One graphic showed a dimension string of 169’-9” as the length of the louvers (I think). This dimension relates to nothing else we show - does that drawing and dimension have a specific purpose? 3. When Colleen asked last night if the planting pockets (and she implied fences) had been installed anywhere else, I was dying for someone to mention Lee Street Beach - and that it’s similar to what’s proposed here, but this project will be so much better (this kind of came up). Lee Street doesn’t have planting pocket but is one of many precedents for fence on a breakwater structure. And we keep saying that other municipalities have this, but I don’t think this has actually been shown much to the public. Slides that show a photo of Lee Street on the left, and they this project on the right - will demonstrate how much better this project is. And roll through all the cities - show the beat up Kenilworth stuff, yucky Lake Bluff, etc. to pound it home. Armed with the right script, this could be a good thing for Jon to speak to. 4. I was thinking more about the questions that Colleen Root raised last night and how to get in front of those and expose them rather than feel like they need to be defended against. Would it make sense to build a portion of the presentation to somehow say no plan is perfect, and thousands of hours of work have gone into building the best and current plan possible, and the Board won’t let “perfect the enemy of good”. a. Therefore, the PD has thoughtfully addressed some of the parts that aren’t perfect and here’s how: i. Make a slide that shows the pros versus cons in a side by side table; and then present that data. b. Write a one page “Frequently Asked Questions” document to answer some of these questions (I’m offering sample answers for a couple of them). i. Is beach and lake access being improved or reduced by this project? ii. What new or improved amenities are made possible by this project? iii. Why isn’t there access up and over the breakwaters? iv. Why are the louvers needed and why are they so tall? v. Why is there a planting pocket in the project? vi. Do structures or barriers like this exist anywhere else on the north shore? Yes, other municipalities in the north shore have barriers Page 63 of 547 installed at the edges of their lakefront parts for a variety of reasons. Examples can be found in Glencoe, Kenilworth, multiple places in Evanston, Lake Bluff. vii. Is the ability to look up and down the shoreline being lost? Some shoreline views will be lost simply by the installation of the breakwater itself and the dimensions it must be to perform correctly. So yes, some shoreline views will be lost, mostly those closest to the toe of the bluff. To minimize this, the proposed project offers two strategies. First, the height of the stone breakwater is being lowered, and that material replaced with angled louvers. When past the planting pocket, most users will be able to see over the top of the stone and through the louvers. The louvers are angled so users can look through them to the shoreline and the lake horizon. Second, the proposed project will provide brand new shoreline vistas for thousands of users (including seniors and persons with disabilities) at the new middle pier, which is situated in the center of the new park and located 300’ into the lake. This vantage point exists in no other north shore community and is only made possible by the consolidation of Elder and Centennial. 5. In the continued push to reach more groups to get their support now and before public opinion - we’d like to discuss the strategy for this next Tuesday. What groups does WPD have access to and what’s the strategy to contact them to garner support? The time before public comment is likely to go by quickly, people will be out of town, etc. so getting going now with after school groups, kid’s groups, special ed groups, senior citizen groups, etc. is critical. Best regards, Tricia TRICIA CHARBONNEAU PROJECT EXECUTIVE C 312.438.0005 O 312.836.0540 tc@seilerconsulting.com SEILER CONSULTING, LTD. 116 W Illinois Street Suite 4W - N Chicago, IL 60654 seilerconsulting.com This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, is prohibited. If you have received this e-mail in error please immediately notify us by calling (312) 836-0540. Seiler Consulting, Ltd. accepts no responsibility for any loss or damage from the use of this message and/or any attachments, including damage from viruses. Page 64 of 547 From: To: Ann Klaassen; Scott Mangum; Kristin Kazenas; Christopher Marx Cc: Subject: WPD October 2025 SUP Application Date: Tuesday, January 20, 2026 1:42:47 PM Attachments: 02C2CD02-CAC7-4D80-88B4-3E5425875182.png EF61C7C1-28CE-4A92-85F5-6669FC016A48.png IDNR MemoLM2025011.pdf OneDogBeachMustBeADAEvanston.pdf 60”MinimumWidthBAR.pdf BernahlGroinMap1623.pdf IDNRMemoPage1ExhibitA.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello: Would you please include this email dated 1/20/26 in the packet for Plan’s 1/28/26 meeting and also send it to the Trustees? This is my only comment and submission for Plan and the Trustees, Thank you. Kristine Schriesheim Winnetka taxpayer To: Village Trustees And Plan Commission From: Kristine Schriesheim Re: Comments Dated January 20, 2026 on WPD October 2025 SUP Application for Lake Michigan Fencing TOPIC ONE: WPD’s 8/27/25 NON-PUBLIC MEETING WITH IDNR AND USACE I respectfully request that the Trustees and Plan Commission members listen to this meeting recording. It is illuminating in terms of understanding WPD’s true fencing purpose and ultimate goal—executing WPD’s 2020 Exchange Agreement with Orchard 2020 Trust. https://winparkdistrict- my.sharepoint.com/:u:/g/personal/snazzal_winpark_org/Ea_fE4tEGE5DkrL6Voe0ikABGWtk0Ku6xS2ju5VEu5ZJOA Background: 2025 WPD MEMO REPORTING FENCING REQUEST Page 65 of 547 TOPIC TWO: WPD’S OCTOBER 2025 SUP APPLICATION MISREPRESENTS ITS DESIGNS, MISREPRESENTS DOG BEACH LEASH REQUIREMENT, VIOLATES THE VILLAGE CODE, FAILS TO MEET 2040 FUTURES PLAN GUIDELINES, VIOLATES VILLAGE DESIGN STANDARDS, CONFUSES THE PROJECT AREA, VIOLATES ADA, VIOLATES PUBLIC TRUST DOCTRINE Background: WPD October 2025 SUP application to Village Page 66 of 547 WPD’S OCTOBER 2025 SUP APPLICATION IS INCONSISTENT, MISLEADING AND UNRELIABLE Background: WPD’s permit applications and IDNR’s December 11, 2025 memorandum (attached) set forth WPD’s claims: (1) that Centennial is an off-leash dog beach (it is an on-leash dog beach); (2) that its fencing would extend 15’ lakeward from the toe of Centennial’s bluffs—in fact, it would extend 106’ lakeward on the park’s northern end and 93’3” lakeward on the park’s southern end, understating the fencing’s length by over 80%; (3) that its fencing Page 67 of 547 has two sets of double gates, which it does not; and (4) that WPD-owned Centennial Park’s southern lot line falls on, rather than south of, its southernmost steel groin. Background: Centennial dog beach is an on-leash area Page 68 of 547 VILLAGE CODE VIOLATION: WPD’S Centennial fencing would unlawfully extend far beyond Village front lot line/OHWM limits and into Lake Michigan, unlawfully blocking a “public street.” Fencing that ends at Centennial’s front lot line/OHWM would extend 34’ on the northern end, and 16’ on the southern end. DELIBERATE PERMIT MISREPRESENTATION: WPD’S fence permit misrepresents that the plans include double gates at Centennial’s southern end leading to 205 Sheridan. Background: U.S. Army Corps of Engineers required WPD to provide detailed project rendering with proposed fencing’s length and location relative to the bluffs and OHWM. Note also there are no double gates depicted on the project’s southern end. WPD’S CHAIN LINK FENCING IS INCONSISTENT WITH 2040 FUTURES PLAN, VIOLATES VOW DESIGN GUIDELINES’ PROHIBITION AGAINST CHAIN LINK FENCING, AND DENIGRATES SHERIDAN ROAD NEIGHBORHOOD’S GRACIOUS CHARACTER Background: Village Design Guidelines Page 69 of 547 Background: WPD Centennial SUP Testimony to Plan in 2025 Page 70 of 547 Background: VOW Design Guidelines were enforced when WPD applied for Elder Park SUP, prohibiting the use of chain-link fencing. WPD PERMIT SUBMISSIONS CONTAIN INEXPLICABLY CONFLICTING PROJECT AREAS Background: In connection with its Public Trust Doctrine presentation, WPD’s 2024 Centennial SUP testimony to the Village said that the park’s southern lot line falls south of the steel groin closest to 205 Sheridan. Despite this, IDNR’s December 11, 2025 permit review memorandum seems to state that Centennial’s southern lot line/205 Sheridan’s northern lot line is the steel groin. This is at odds with WPD’s 2024-2025 sworn testimony that fencing on the same steel groin would not violate the Public Trust Doctrine given WPD’s ownership of sandy beach south of that groin. It also conflicts with Village Engineer Bernahl’s map of groin locations in Winnetka. Background: See IDNR Memorandum Page One and Village Engineer Bernahl’s groin map attached as pdfs at bottom. TOPIC THREE: FURTHER UNLAWFULNESS 1. IL Rivers and Streams Act Section 3704, which is the sole source of IDNR’s permit authority here, does not allow permit issuance for a non-shoreline structure such as a local dog fence. From IDNR’s January 2023 presentation to the Village Council: Page 71 of 547 2. IL Park District Code Section 1205/11-2 does not grant IDNR shoreline permit issuance authority, nor does it grant park districts the authority to claim state land under false pretenses—namely, WPD’s specious claim that Centennial’s shoreline is shoal-ridden and “nonnavigable,” which it is not. From IDNR’s December 11, 2025 permit review memorandum: Lake Michigan is now and for centuries has been a “navigable” body of water. IDNR’s website links to a GIS waterways map and the Code of Federal Regulations, both designating Lake Michigan as a navigable body of public water. Locally, WPD’s 2030 Waterfront Plan designated Winnetka’s anticipated continuous, 1000’ beach as both a BOATING BEACH and a swimming beach. The beach is navigable, and would not lose its status as a place of historic, commercial navigation simply because WPD wants to put up a local dog fence to impede the public’s right to traverse the shoreline. 3. 510 ILCS 5, IL Animal Control Act, ONLY provides the local Animal Control Administrator and Deputy Administrator with statutory authority pursuant to which the Cook County Code regulates dog friendly areas and dog parks. It does not allow non-Administrators to order the creation of fenced in dog parks without complying with the Cook County Code’s requirement that land-based dog parks be completely enclosed with a contiguous fence. Actions Page 72 of 547 to the contrary would constitute misdemeanor violations of the law. SEE 510 ILCS 5/26 and the Cook County Code. 4. Under 510 ILCS 5, CCDARC has enacted animal control-related fencing authority that is jurisdictionally limited to the land. Accordingly, CCDARC informed WPD of its lack of interest in acting outside of its established regulatory framework, stating it will not evaluate WPD’s fencing scheme until after IDNR and USACE make their decisions. Building a dog beach fence that extends beyond the land, past the OHWM, onto submerged lands and/or into the public waters, exceeds the scope of CCDARC’s regulatory framework. 5. 510 ILCS 5, 5/9–The IL Animal Control Act was amended by P.A. 102-329, effective 1-1-22, to provide that: “A dog that is in a dog-friendly area or a dog park is NOT CONSIDERED TO BE RUNNING AT LARGE IF THE DOG IS MONITORED OR SUPERVISED BY A PERSON.” CCDARC, which solely and exclusively possesses Animal Control Act authority under 510 ILCS 5, wrote to WPD Executive Director Nazzal in 2024 categorizing Centennial beach as a “dog friendly area.” CCDARC has not mandated fencing barriers at dog friendly areas to broadly contain dogs that would otherwise be “running at large,” and lacks waiver authority over its four-sided fencing rules for dog parks. 6. 510 ILCS 5/9 provides that a dog may train for hunting in a dog friendly area, which is an area of land that the Cook County Code does not require to be fenced. The Cook County Code simply requires proof of proper vaccination and health records to enter a dog friendly area. A person can bring a dog to Centennial beach to engage in training for hunting by swimming, fetching sticks, balls, decoys and the like. By matter of right, 510 ILCS 5/9 allows canines using dog friendly areas to train in proximity to Lake Michigan’s waters, as well as without Page 73 of 547 restriction on the lakebed or in the lake. 7. There is no state law that grants jurisdictional authority to any governmental body that would build fencing to restrict dogs from swimming or otherwise using public waters and the lakebed via access from the water—for example, from a boat, jet ski, paddleboard or otherwise. I believe WPD’s fencing project represents a potential effort to unlawfully limit this access. 8. ILLINOIS ACCESSIBILITY CODE VIOLATION: The Illinois Accessibility Code (“IAC”) requires public improvement projects to be accessible unless an exception is met. Violating ADA requirements is considered a civil rights violation, subject to enforcement by the Illinois Attorney General’s Office as well as by other government bodies. Interpreting the IAC requires “erring” on the side of more accessibility because: 1-Winnetka, the Winnetka Park District, Cook County, and the State of Illinois are or should be fully committed to being welcoming and inclusive communities with access to public facilities; and 2-the penalties for failing to comply with the IAC are severe and impact all parties, including the permitting authority. Because the construction project at issue involves a public accommodation—Winnetka’s only dog beach—yet makes no effort to add ADA accessibility to the designs, it violates the Illinois Accessibility Code and the 2040 Futures Plan. It is obvious that WPD’s single 39” beach gates at either end of a confined 6’ southern passageway are too narrow for an ADA-compliant turning radius. There are neither lights nor flashing signals for low vision persons, let alone for safety. A potential WPD appeal in opposition to complying with IAC must be made to the Illinois Capital Development Board. Background: WPD’S 2024 Centennial breakwater SUP “Project Elements” would similarly unlawfully prevent ADA access to the dog beach—for half a century. From Village staff questions about WPD’s 2024 Centennial SUP application— Page 74 of 547 9. WPD’s 2025 memorandum at the top of this email documents that Centennial’s southern neighbor requested dog beach fencing for which WPD now seeks a Special Use Permit. Private efforts to support “public” fencing that would restrict the public’s right to traverse the shoreline violates Illinois law. Building an unlawful dog fence as discussed in paragraphs 1-8, above, would violate the Public Trust Doctrine (“PTD”) by effectively privatizing the lakebed to the benefit of an adjacent property owner. See Lake Michigan Federation v. U.S. Army Corps of Engineers, 742 F. Support 441 (N.D. Ill. 1990), stating that (1) courts should be critical of attempts by the state to surrender valuable public resources to a private entity; (2) the public trust is violated when the primary purpose of a legislative grant is to benefit a private interest; and (3) any attempt by the state to relinquish power over a public resource should be invalidated under the doctrine. Furthermore, state/local units of government cannot permit violations of the public trust in advancement of WPD’s efforts. If and when WPD receives permits to build its grand breakwater scheme using public and private funds, that same neighbor will have a half-century long interest in major “Project Elements,” including fixtures on the beach and lakebed. The Environmental Law and Policy Center has stated that using the Lake Michigan lakebed and/or waters for construction of an offshore project by a private entity directly or indirectly, would likely violate the applicable public trust and the State of Illinois’s legal responsibilities. OTHER: Building unlawful fencing to keep out anyone who cannot pay $100s of dollars on veterinary fees and exams, and/or purchasing an expensive dog beach fob from WPD during limited office hours Monday through Friday, is wrong. Despite requests to WPD for public access codes to allow beachwalkers to use Centennial beach, which the Park District of Highland Park and other park districts allow, WPD is attempting to make Centennial Park as inaccessible as possible, harming the public to maximum effect, and violating our rights. Please vote to deny recommending WPD’s October 2025 SUP application. Sincerely, Kristine Schriesheim Winnetka Taxpayer Page 75 of 547 Office of Water Resources, Michael A. Bilandic Building, 160 N. LaSalle St., S-703, Chicago, IL 60601 Memorandum Date: December 11, 2025 To: Steve Altman From: Eric Otto RE: IDNR/OWR application-for-permit C20250015 by the Winnetka Park District for the construction of fencing, in Lake Michigan, at 225 Sheridan Road, Winnetka, IL 60093 Authority The application for permit (application) was reviewed using the Illinois Department of Natural Resources, Office of Water Resources (Department) Part 3704 rules “REGULATION OF PUBLIC WATERS” which implement and are authorized by the Rivers, Lakes and Streams Act [615 ILCS 5]. The application was also reviewed using the Park District Code [70 ILCS 1205/11-2] (Exhibit PDC). Existing Conditions (Exhibit A) The applicant has three contiguous littoral lots, north to south, 260, 250, and 246 Sheridan Road, which form Centennial Park, on Lake Michigan. The beach is used as an off-leash dog swimming beach. The property is located immediately south of 261 Sheridan Road and immediately north of 205 Sheridan Road. Existing structures consist of: 1. A shore-parallel steel sheetpile seawall at the toe of the bluff 2. A shore-perpendicular steel sheetpile groin at the approximate center of the site 3. A shore-perpendicular steel sheetpile groin at the south property line Proposed Project (Exhibit B) The applicant proposes to install two shore-perpendicular rows of fencing (North and South), beginning at the existing steel sheetpile seawall, and extending 15 ft. into Lake Michigan. Both fences will consist of 4 ft. high chain link fence without concrete footings. The fence posts will be directly driven into clay substrate to the point of refusal. The North fence will be 91 ft. long and will be located 20 ft. south of the north property line. The South fence will be 78.25 ft. long and will be located 20 ft. north of the south property line. Gates will be installed in both rows of fencing to allow public access along the shoreline. Department Application Review History An application-for-permit was received on April 25, 2025. A permit application review fee of $3,360 was received on May 20, 2025. The Department issued a 30-day public notice on May 12, 2025. The public notice expired on June 13, 2025. Comments from 34 individuals were received in response to the notice. These comments were forwarded to the applicant for response on June 16, 2025. The applicant’s responses were received on September 30, 2025. IDNR/DEE’s sign off was received on April 29, 2025. The IEPA’s Final Determination Letter was received on August 8, 2025. The U.S. Army Corps of Engineers is currently reviewing the proposed project for authorization by an Individual Permit. Page 76 of 547 Recommendation Department staff reviewed the proposed project and concluded that the applicant has shown that the proposed work: • will not obstruct or interfere with navigation. • is an acceptable encroachment per the Park District Code [70 ILCS 1205/11-2]. • will not impair any rights, interests or uses of the public. • is not likely to cause bank or shoreline instability on other littoral properties. Based on a detailed review of the application, comments received in response to the Public Notice, and the applicant’s response to the Public Notice comments, the project is permissible under the Department’s Part 3704 rules and issuance of a Department permit is recommended. Approvals have been received from the Illinois Environmental Protection Agency (IEPA) and the Illinois Department of Natural Resources, Division of Ecosystems and Environment (DEE). Department Permit No. LM2025011 is attached for your approval and signature upon concurrence with this recommendation. It is important to acknowledge Section 1205/11-2 Reclamation, of the Park District Code [70 ILCS 1205/11-2], which states that park districts that border upon any navigable body of water, the title to the bed or submerged land of which is vested in the State of Illinois, said district may take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation and shall have the power to establish, construct and maintain parks and boulevards over and upon the same, and all right, title and interest of the State of Illinois in and to the bed or submerged land of such body of water so taken possession of, enclosed, filled in and reclaimed is hereby granted and ceded to such park district and the title thereto shall vest in such park district to be held for the use and benefit of the public as a part of said park district for park and boulevard purposes exclusively, and said district shall have power for the purpose of reclaiming such submerged land and protecting the same thereafter, to construct all necessary break-waters, or protection for the building and maintenance of such parks and boulevards, and the enclosing or reclamation of such submerged lands. Department Review Section 3704.55 Permit Application Fee requires the Department to charge permit application review fees. It was determined that the review of this application fell under 3704.55 a) 1) C) and required a $3,360 review fee. The applicant submitted a check for that amount. The application has been reviewed for compliance with the requirements of Section 3704.70, Land Conversion and Fill Material Placement. Subsection a) prohibits the conversion of public waters to private land by filling. The applicant does not propose to convert public waters to private land by filling. Subsection b, allows for the placement of fill, in public waters, for the listed purposes. The applicant does not propose the placement of fill material. The project has been evaluated using Section 3704.80 a) for its potential to result in: 1. An obstruction to, or interference with, the navigability of any public body of water. The term navigability as used in the Department’s Part 3704 Rules refers to commercial navigation. The proposed fencing will be constructed close to shore in relatively shallow water and will not extend lakeward of the existing groin located along the southern property line of Centennial Park (i.e., the northern property line of 205 Sheridan Road) or the existing groin located along the southern property line of Elder Lane Park (i.e., the northern property line of 261 Sheridan Road), and as such should not interfere with commercial navigation. This, along with the fact that the proposed fencing will be easily visible to all small watercraft and swimmers, addresses concerns that the proposed project will be a hazard to recreational users of Lake Michigan. 2. An encroachment on any public body of water. The fencing is an encroachment into Lake Michigan. However, the Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to Page 77 of 547 the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. Therefore, it is an acceptable encroachment. 3. An impairment of any rights, interests, or uses of the public in any public body of water or in the natural resources thereof. The proposed fencing will be constructed within the shadow of the existing steel groins to the north and south. Therefore, the public’s ability to use the waters of Lake Michigan for recreation will not be diminished. The proposed fencing will include gates to allow continued public access along the shoreline. Therefore, the public’s ability to use the shoreline for recreation will not be diminished. 4. Bank or shoreline instability on other properties. The proposed fencing will be permeable, and as such will not trap sand from the littoral drift. Therefore, the proposed fencing is unlikely to cause bank or shoreline instability on other properties. The fencing is an encroachment into Lake Michigan. However, the Park District Code provides broad rights and powers related to, title to, and interest in, the bed or submerged land of Lake Michigan that was vested in the State. Therefore, the applicant is not required to submit the supplemental information stated in Section 3704.80 b). Public Notice Comments The Department issued a 30-day public notice on May 12, 2025, with an expiration date of June 13, 2025. The public notice was mailed via U.S. Mail and posted on the Department’s website with the complete application-for-permit package. The Department received comments in response to the public notice, from 34 individuals (Exhibit C). The applicant was given the opportunity to response, in writing, to the commentors (Exhibit D). The comments from the 30 commentors, listed below, were almost identical, with only minor variations, and had no references or relation to the Part 3704 rules. Those comments are not summarized in this memo but are included in the Exhibits. Raheela Gill Anwar Steve Juliusson Vicki Apatoff Lina Lubbat Jeff Axelrod Kim Marsh Anne M. Coladarci Mark D. Mitchell Debbie Creigh Patricia Mitchell Charles H Dowding Sherry Molitor Jennifer Duboc David Mulligan Neva Egan Kim Mulligan Dian Eller Alexandra C. Nichols Lisa Fogt J. A. Offerle Mary Garrison Irene Smith Gina Gooden Katie Stevens Nina D. Gray Linda Welch Dr. Garry and Michele Grygotis Constance & Kenneth Yonan Stephanie Heraty Nancy Yurek Page 78 of 547 The comments from the four commentors, listed below, contained references or relation to the Part 3704 rules. Those comments, and the applicant’s and Department staff responses are summarized below. Laurie Morse (PH) Robert A. Schriesheim (PH) Kristine Schriesheim Ted Wynnychenko (PH) PH: Comments that included a request for a public hearing. Laurie Morse (comments dated 06/10/25, 06/13/25) 1. Remove the word “temporary” from all correspondence. The IDNR does not impose “temporary” conditions on its permits. We must take care the WPD does not succeed in misleading the public with this language. a. Applicant response: The Park District confirms the permit request language referring to “temporary” reflects the intended nature of the installation as low-impact and adjustable, although we recognize the IDNR’s terminology and will comply accordingly. b. Department staff response: Staff are reviewing an application for fencing. If and when an IDNR/OWR permit is issued there will be no special conditions concerning the duration of time the fencing will be in place. 2. The application isn’t signed. a. Applicant response: We are working closely with the IDNR to address any application deficiencies, including signatures and authorizations. b. Department staff response: Signatures are redacted from the public notice that is posted to the Department web site. 3. There is no name or signature on the application’s “STATEMENT OF AUTHORIZATION” page 1. a. Applicant response: We are working closely with the IDNR to address any application deficiencies, including signatures and authorizations. b. Department staff response: Signatures are redacted from the public notice that is posted to the Department web site. 4. The application’s (page 2, section 9) need statement lacks veracity. The applicant says the fences are needed to allow Centennial Beach to continue operating as an off-leash dog area. Centennial Beach is a leashed dog area and has been for years. a. Applicant response: It is currently designated as a leashed dog area, consistent with Park Board policy. The fence proposal is intended to allow the Park District to change this use to an off-leashed dog beach area and will provide additional safety and operational clarity in compliance with evolving recommendations. b. Department staff response: The comment has no reference or relation to the Part 3704 rules. 5. The application is frivolous. This applicant doesn’t need fences and gates to maintain the status quo. a. Applicant response: It is currently designated as a leashed dog area, consistent with Park Board policy. The fence proposal is intended to allow the Park District to change this use to a off-leashed dog beach area and will provide additional safety and operational clarity in compliance with evolving recommendations. b. Department staff response: The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 6. Veracity and the consequences of errors and omissions. The errors and omissions in this application are grave. a. Applicant response: We are working closely with the IDNR to address any application deficiencies, including signatures and authorizations. b. Department staff response: Staff find no errors or omissions in the application materials. 7. It is the IDNR’s responsibility to identify, among other things, the responsible parties for and beneficiaries of the structures built using State permits. This application fails to mention, and the Public isn’t told, that getting an IDNR permit to install rows of shore-perpendicular chain link fences across Centennial beach and into the water on the boundary of the donor’s beach at 205 Sheridan Road is a triggering factor for a donor agreement Page 79 of 547 between the Winnetka Park District and the Ishbia Family Foundation. The controlling partes of the Foundation are in the public record as demanding privacy along this boundary, despite having agreed to the terms and conditions of their own IDNR permit for shore protection that forbids privatization of the new artificial beach below 205 Sheridan Road. It is easy for anyone to conclude the real purpose of WPD’s application for Centennial fences is to privatize the donor’s beachfront, while keeping the donor at arm’s length from the process. a. Applicant response: Please note the Park District retains full management responsibility for Centennial Beach. We are committed to ensuring public access remains open and unimpeded, and any funding partnership supports these goals without transferring control or privatizing public lands. b. Department staff response: The Winnetka Park District is the property owner and applicant. Any relationship or agreement between the Park District and another entity is outside the authority of the IDNR/OWR. 8. Public Benefit. Since the WPD currently operates a leashed dog area on Centennial Beach and no regulatory authority has asked them to stop, there is no public benefit to the project proposed in this application. a. Applicant response: It is currently designated as a leashed dog area, consistent with Park Board policy. The fence proposal is intended to allow the Park District to change this use to a off-leashed dog beach area and will provide additional safety and operational clarity in compliance with evolving recommendations. b. Department staff response: The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 9. Minimum Size. We don’t have to spend much time asking ourselves if this proposal meets Section 17 of the Illinois Administrative code 3704.90 C requiring a design with minimal impairment to public rights while achieving its purpose. a. Department staff response: The fencing is an encroachment into Lake Michigan. However, the Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 10. Controlling Parties. Can the applicant please supply the IDNR and the Public with all correspondence, including but not limited to meeting (in person, telephonic, electronic remote) notes, phone call notes; e-mails, records, and other communications between representatives of the Winnetka Park District (Staff, elected officials, appointed committee members, etc.) and the Ishbia Family Foundation, Orchard 2020, Justin Ishbia and all representatives of these entities that address or involve the design, planning, positioning, size and boundary selection for the proposed project? a. Applicant response: Please note the Park District retains full management responsibility for Centennial Beach. We are committed to ensuring public access remains open and unimpeded, and any funding partnership supports these goals without transferring control or privatizing public lands. b. Department staff response: The Winnetka Park District is the property owner and applicant. Any relationship or agreement between the Park District and another entity is outside the authority of the IDNR/OWR. 11. Similar Structures. IDNR requires proposed development along a Lake Michigan beach be similar or “like” other nearby structures. a. Department staff response: The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 12. Safety. The applicant, in their April 25, 2025, cover letter says “The proposed fencing installation is intended to enhance safety…for beach users.” The Department’s Part 3704 rules do not permit fences on beaches or barriers atop fill on the Illinois shore based on safety, for dogs or for humans. Page 80 of 547 a. Department staff response: There is nothing in the Part 3704 rules that explicitly prohibits fencing. The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 13. Harm. The fences as proposed extend into deep water, 15 feet under current conditions, and much further under high-water conditions. The fence posts, once under water, pose fatal danger to people who swim or paddle along the shoreline. Water pollution is also an issue. Please ask the applicant to explain why they haven’t considered Federal ADA beach access requirements when planning and submitting this design. These fences will collect trash, ice in winter, and limit the public’s ability to escape through or beyond the enclosed area should there be lightning, storms, or other danger or accident. a. Applicant response: Please note the Park District retains full management responsibility for Centennial Beach. We are committed to ensuring public access remains open and unimpeded, and any funding partnership supports these goals without transferring control or privatizing public lands. b. Department staff response: The fencing is proposed to be installed in shallow, nearshore water, and the fact that the proposed fencing will be easily visible to all small watercraft and swimmers, addresses concerns that the proposed project will be a hazard to recreational users of Lake Michigan. There is nothing in the Part 3704 rules related to water pollution or ADA requirements. The fencing may catch debris and ice, the removal of which is considered operation and maintenance, and is outside the authority of the IDNR/OWR. The proposed fencing will include gates to allow continued public access along the shoreline. 14. What other options has the applicant considered? a. Department staff response: There is nothing in the Part 3704 rules that requires an alternatives analysis. 15. Exclusivity. The IDNR should consider the applicant’s restrictive beach access policies when thinking of awarding WPD extra privileges. a. Applicant response: We are committed to ensuring public access remains open and unimpeded, and any funding partnership supports these goals without transferring control or privatizing public lands. b. Department staff response: The proposed fencing will include gates with latches (not locks) to allow continued public access along the shoreline. 16. Politics and local authorities. Your rules and the terms and conditions of your Lake Michigan permits require an applicant to obtain approvals from local authorities before starting work on a Lake Michigan project. a. Applicant response: We continue to collaborate with all stakeholders and regulatory agencies to ensure the project preserves the natural beauty and public use of this cherished community resource. b. Department staff response: Condition #4 of IDNR/OWR permits states that “this permit does not relieve the permittee of the responsibility to obtain other federal, state or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approvals from any federal or other state agency to do the work, this permit is not effective until the federal and state approvals are obtained”. Kristine Schriesheim (comments dated 06/09/25, 06/10/25, 06/12/25; only comments that contained references or relations to the Part 3704 rules are summarized below) 1. WPD’s unsigned Joint Permit Application misrepresents to IDNR that the fence will have double entry gates on Centennial’s northern and southern ends. It will not. WPD’s attached schematics show that the northern end will have a set of 10-foot double entry gates. The southern end will have a stacked set of single 39 inch entry gates —not double entry gates. There is no valid justification for making the public maneuver through two narrow gates stacked one in front of the other, on a public beach. Also, it is important to note that 39 inches is barely wider than a yardstick. a. Department staff response: Signatures are redacted from the public notice that is posted to the Department web site. The proposed fencing will include gates to allow continued public access along the shoreline. The number and orientation of the gates is outside the authority of the IDNR/OWR. 2. After stating the obvious—that the fencing will serve as a barrier for dogs—WPD’s Joint Permit Application misrepresents that its fencing designs will not create barriers for people. Because the fencing will extend 15 feet Page 81 of 547 into the lake, even with gates it will obviously create barriers that prevent people from navigating along the actual shoreline—for no valid reason, as I laid out in detail yesterday. Furthermore, both WPD and IDNR are aware that in times of high water the gates may be underwater. Fencing that runs from steel sheet piling at the toe of the bluffs all the way out into the lake will block people from traversing the public shoreline. Also, swimmers will be hard-pressed to see chain-link fencing in Lake Michigan’s waters, even with goggles or masks on. I predict there will be numerous instances of people cracking their heads and/or cutting themselves on unnecessary lake-based fencing that is hard to see. If and when that happens, WPD’s fencing going from the toe of the bluffs all the way into Lake Michigan, will impede rescues, whether or not the fencing is submerged. Lake- based fencing may also incite people to climb up and jump from 15 feet out into the water onto whatever rocks or other items may exist at that depth. The fencing will also trap debris and make the overall lakefront area look even worse than it does now—see recent photo. a. Department staff response: The term navigation in the Department’s 3704 Rules refers to commercial navigation. The fencing is proposed to be installed in shallow, nearshore water, and the fact that the proposed fencing will be easily visible to all small watercraft and swimmers, addresses concerns that the proposed project will be a hazard to recreational users of Lake Michigan. The fencing may catch debris and ice, the removal of which is considered operation and maintenance, and is outside the authority of the IDNR/OWR. The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 3. IDNR’s Public Comment Notice presents an unsigned application. Why is the permit application unsigned? a. Department staff response: Signatures are redacted from the public notice that is posted to the Department web site. 4. WPD’s proposed narrow, 39” stacked set of single gates framing a 6-foot-long corridor, would unlawfully create an impassable barrier to challenged individuals’ ability to traverse the beach. As you and the other government officials on this email can see, 39 inches is too narrow to meet beach access standards, even for temporary structures. a. Department staff response: There is nothing in the Part 3704 rules related to ADA requirements. Robert A. Schriesheim (comments dated 06/13/25) 1. Generally, I am concerned that the installation of the proposed fencing at Centennial Dog Beach, in Lake Michigan at 225 Sheridan Road, Winnetka, Illinois 60093, would encroach upon a public body of water and impair the rights, interests, and uses of the public in using a public body of water and the natural resources thereof. See Department’s Part 3704 Rules, Section 3704.10. Specifically, the proposed fence would have the effect of limiting public access to Lake Michigan and its historically submerged lakebed, which is held in trust for the public. This encroachment and impairment would be in violation of the Department’s Part 3704 Rules. As such, the permit application should be denied. See Sections 3704.80(a), 3704.90. a. Applicant response: The proposed temporary fencing is intended to support safe and responsible operation of Centennial Dog Beach and is not designed to restrict public access to Lake Michigan. b. Department staff response: The fencing is an encroachment into Lake Michigan. However, the Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. The proposed fencing will include gates to allow continued public access along the shoreline. 2. The proposed fence has been inconsistently described in various materials made public by the permit applicant. For example, the Public Notice issued by the Department describes the southerly fence line as including gates and being “located 20 ft. north of the south property line.” However, in materials submitted for consideration by zoning authorities at the municipal level, the fence does not appear to include gates and abuts (and crosses) the southern property line. This latter configuration certainly impairs the rights, interests, and uses of the public in using Lake Michigan and its historic lakebed. Page 82 of 547 a. Applicant response: We acknowledge that previous plan submissions may contain slight differences. However, the IDNR application reflects the most current design intent. The southern fence line will remain on park property, and gates on both ends are being designed to allow public access and operational flexibility. b. Department staff response: The submitted application materials include gates to allow continued public access along the shoreline, and does not include work on adjacent properties. 3. The permit application is ambiguous regarding the type of gate latch to be used for the access gates in the north and south fence. See Detail 1 and Detail 2, Sheet L2.0. The Project Description notes that certain aspects of the Centennial Dog Beach are subject to a “fob-controlled gate”, which inherently limits access to public land. Given the permit applicant’s history in controlling access to this space, it is unclear whether the proposed gates will be lockable or locked, thereby inhibiting the public’s ability to access, use, and enjoy public land. a. Applicant response: The project will not enclose or privatize public land, and any gates or latches will remain unlocked for public access. The current electric fob gate at the top of the bluff is existing and helps manage usage to ensure safe use of the dog beach. b. Department staff response: The submitted application materials describe the proposed gates as including latches for public access and make no mention of locks. The existing steel seawall at the base of the bluff will define the western boundary, with beach access maintained through the current stairway and fob-controlled gate. 4. No explanation is provided by the permit applicant as to why the north fence line has a double gate (at 10’ wide) and the south fence has a single gate (approximately 3’ wide). See Detail 1 and Detail 2, Sheet L2.0. The public should be able to equally access and traverse public land from the north and south. a. Applicant response: The differing gate sizes (north: 10', south: 3') reflect maintenance needs and site constraints, not an intent to limit access from one side. b. Department staff response: The number and orientation of the gates is outside the authority of the IDNR/OWR. Ted Wynnychenko (comments dated 06/02/25) 1. I believe it is important to note that, while the WPD describes the fencing as “temporary,” there is no provision within Part 3704 Rules for “temporary” structures. As such, and, apparently, as the Department has already noted, the permit application is for a “permanent” structure across the beach/lakeshore below the bluff and within the waters of the Lake. a. Applicant response: Regarding the characterization of the fencing as “temporary,” we understand the IDNR reviews all structures within its permitting jurisdiction based on their location, intended use, and potential environmental impact, regardless of duration. The fencing described in our proposal is not intended to be permanent infrastructure, but rather a management tool to clearly delineate the off- leash dog area, minimize conflicts, and support the safe, continued operation of the dog beach in a responsible manner. b. Department staff response: Staff are reviewing an application for fencing. If and when an IDNR/OWR permit is issued there will be no special conditions concerning the duration of time the fencing will be in place. 2. I believe it is importation to correct the WPD’s misstatement of fact. In its application, the WPD states that the purpose of the fencing is “to be compliant with Illinois Cook County Animal Control Ordinance.” The proposed fencing will not make the proposed site for an “off-leash” dog park/area “compliant” with any County Ordinance. It appears the WPD is referring to Cook County Animal and Rabies Control Ordinance, Part II, Regulation VIII, which considers “Dog Parks and Areas,” as the WPD’s stated purpose for this area of public trust land along the shore, and into the waters, of the Lake is for its use as an “Off-Leash Dog Park.” Furthermore, it appears that the WPD is asserting that “two shore perpendicular rows of fencing ... being[ing] at the existing sheetpile seawall and extend[ing] 15 ft. into Lake Michigan” will be compliant the County’s Ordinance. This is not true. Regulation VIII requires that any off-leash “Dog Park must be completely enclosed by a contiguous fence.” [Emphasis added.] As such the proposed 3 sided “fencing,” where one side is the sheetpile seawall, for this area does not meet requirements of the County’s Ordinance, and the WPD’s assertion that it does is misleading and deceptive. As it is not entirely relevant to this application, I will conclude by simply stating that the Cook County Page 83 of 547 Department of Animal Control has not, at any time, explicitly endorsed that any incompletely, or non- contiguously, enclosed area would meet the requirements of Regulation VIII, and that the Department of Animal Control has no procedures, processes, or authority which allows it to issue any waivers or other exemptions to Regulation VIII. As such, the stated purpose of the permit application will not be accomplished by the requested fencing. a. Applicant response: With respect to regulatory requirements, the Park District has remained in regular communication with Cook County Animal and Rabies Control (CCARC). According to their current ordinance, all dog parks (or dog friendly areas) must be fully enclosed and include a gated entry system. The Park District has submitted the plans for the temporary fencing at Centennial Dog Beach to CCARC and is currently awaiting their review and confirmation that the proposed design meets all applicable requirements. b. Department staff response: The comment has no reference or relation to the Part 3704 rules. The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. 3. The permit application does not provide any benefit to the general public, represents a direct encroachment on the Lake, is an obstruction to navigation along the Lake’s shore, and impairs the rights of the public. a. Applicant response: Importantly, the fencing will not restrict public access to the beach or the lake. As clearly stated in our application, double entry gates are planned at both the north and south ends of the designated dog beach area to allow for continuous shoreline passage. This configuration aims to balance secure, off-leash use by dogs with the broader community's ability to traverse the shoreline. The design does not create a privatized or exclusive zone, but rather continues the decades-long management of this space as a designated dog-friendly area. b. Department staff response: While the fencing is an encroachment into Lake Michigan, the Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. IDNR/OWR’s concern is for commercial navigation; the fencing is proposed to be installed in shallow, nearshore water. The proposed fencing will include gates to allow continued public access along the shoreline. 4. As this application appears to be a “first of its kind,” where a municipal entity is requesting the right to seize control of public trust land for the benefit of a select few at the expense, and to the detriment, of the people of the State, I am concerned that there may be further attempts to “privatize” the Lake’s shore with the installation of fencing expressly designed to bar or limit public entry to public land for the benefit of private parties. a. Applicant response: The Winnetka Park District is not acting on behalf of a small group of private individuals. This proposal stems from ongoing operational evaluations and a desire to responsibly manage high-use recreational areas that involve dogs, which inherently carry added safety and compliance considerations. The proposed approach reflects feedback received from residents, staff assessments, and a continued commitment to provide access while minimizing risks. Finally, we recognize the importance of preserving access to public lands and waters. We will continue to work closely with regulatory agencies, including IDNR, to ensure that any activities undertaken are legal, appropriate, and aligned with the values of this community. b. Department staff response: The Winnetka Park District is the property owner and applicant. The Park District Code [70 ILCS 1205/11-2] gives park districts bordering upon any navigable water, the title to the bed or submerged land of which is vested in the State of Illinois, and allows said districts the right to take possession of, enclose, fill in, reclaim and protect any portion of such submerged land bordering thereon, over which there shall be shoal and shallow water not fit for navigation. The proposed fencing will include gates to allow continued public access along the shoreline. Page 84 of 547 Public Hearing Of the 34 individuals, agencies, and local governments that responded to the public notice, issued for this project, three requested a public hearing. At this time, it is the opinion of Department staff that no additional relevant information can be obtained by holding a public hearing and therefore, do not recommend a public hearing be held. As a result of comments received in response to the public notice, issued for this project, no changes were made to the project as originally proposed. Page 85 of 547 Letter to the Editor: The Dog Beach and lakefront accessibili- ty July 22nd, 2024 Editor’s note: This is the City of Evanston’s response to resident John Kennedy’s recent letter that brought up concerns about accessibility at city beaches. While there are definitely additional steps that the city can take to increase accessibility on the lakefront, there are many steps that the city has already taken to make the lakefront accessible for individuals with disabilities. Please know that it is difficult to compare the other beaches and their accessibility to the Dog Beach. As the city only has one dog beach, the ADA requires that it must be accessible. Please take a look at what the city has currently done to increase accessibility on all of its beaches: In 2022, the city developed the ADA Transition Plan to remove barriers to city services and make it easier for community members with disabilities to participate. The plan places ADA access at the forefront of city planning, construction and policies. In early 2023, the city installed Mobi Mats at each of the city’s six beaches, providing a path to closer proximity to the water for those in wheelchairs. Page 86 of 547 Page 87 of 547 August 24, 2023 Steve Wilson Executive Director Wilmette Park District 1200 Wilmette Avenue Wilmette, IL 60091 Review for Langdon Park Beach Dear Steve: Thanks for the opportunity to provide feedback for the two new SmithGroup options for access to Langdon Park Beach. The first is an at grade option that is a hybrid of plans II and IV that were shared in the August board meeting, using the name Concept ORA 2. The second is a newer boardwalk option than what was presented at the August board meeting, using the name Concept ORA 3. Tanya Scheibe reviewed these plans. Tanya, one of our Project Managers, has a degree in architecture and is a Registered Accessibility Specialist. I also reviewed her work. The following are our remarks. Connection of Permeable Pavers to New Path Limited information is shown on these options regarding the pavers. Although this portion of the paver surface may be part of the outdoor recreation access route, we recommend the paver section comply with the requirements of a typical accessible route as the existing portions of this surface type are a typical accessible route. As a reminder, the requirements of a typical accessible route are:  minimum width of 36” wide;  gaps no greater than .5”;  changes in level no greater than .5”;  running slope maximum 5%; and  cross slope maximum 2.08%. This surface can follow all requirements for the outdoor recreation access route instead and have higher slopes with resting intervals as required for this path type. At Grade Outdoor Recreation Access Route Design (Concept ORA 2) In the design shown, the portions of the path that will begin beyond the permeable paver path extension will meet requirements for running slopes of an outdoor recreation access route as well as the requirements for resting intervals necessary. As a reminder, with a typical running slope of 9.8% specified for each section, resting intervals are needed every 30’ and these resting intervals must be a minimum of 60” wide and 60” long with slopes not greater than 2.08% for a paved surface. This is met in the design presented. Page 88 of 547 Steve Wilson Langdon Park Beach August 24, 2023 Page 2 Handrails are not required on an outdoor recreation access route and are not included in this current design, but may be desirable with these steeper slopes. Should handrails be provided at the final stage, they must meet all requirements for handrails typical of ramps. This includes:  a mounting height of 34” to 38” to the top of the gripping surface;  a diameter of 1.25” to 2”;  have extensions at the top and bottom of each run, and  continue to a floor, post, or wall at the ends. Boardwalk Outdoor Recreation Access Route Design (Concept ORA 3) The same requirements mentioned above apply to this boardwalk design as well. This design uses two different surface types. It is important to ensure that the transitions between surface types have a maximum of .5” change in elevation. As shown in the plans, the running slopes of the outdoor recreation access route and the boardwalk will meet requirements and will include the necessary resting intervals. As noted earlier, handrails are not required on an outdoor recreation access route. Should handrails be provided, they must meet all requirements for handrails typical of ramps as described earlier. Beach Access Route Requirements (applies to all plans) When work is underway at an Illinois beach, beach access routes must be part of the project. A beach access route (BAR) must meet certain requirements for access and connect to an appropriate water level based on the type of beach. Authorities consider Lake Michigan and the other Great Lakes non-tidal lakes. Therefore, the Park District must provide access to the normal recreation water level. This is not defined within the 2018 Illinois Accessibility Code nor does there appear to be a definition for normal recreation water level in other texts. We believe that the long-term average data provided by the Army Corps of Engineers may be the best benchmark here. We are not experts in the determination of normal recreation water level in this environment and encourage the Park District to identify this water level or a means of determining it should that level fluctuate over the years. A BAR can be a permanent surface like the path that is being added or can be removable, being rolled out or set up during hours the beach is open and stored when the beach is closed. Regardless of surface type, the beach access route must be a minimum of 60” wide, have changes in level or obstacles maximum .5”, have gaps maximum .5”, and must be free of protruding objects. If the beach access route is a permanent surface, it must also meet requirements for slopes and resting intervals. The cross slope of a beach access route must not exceed 2.08%. The running slope can be:  Up to 5% for any length of the beach access route without requiring resting intervals;  Between 5% and 8.33% for a maximum length of 50’ with resting intervals at each end of the segment; and  Between 8.33% and 10% for a maximum length of 30’ with resting intervals at each end of the segment. These running slopes match the requirements of an Outdoor Recreation Access Route and are not as generous as the allowances for trails which can reach 12.5% for a maximum of 10’. Page 89 of 547 Page 90 of 547 Page 91 of 547 Page 92 of 547 Office of Water Resources, Michael A. Bilandic Building, 160 N. LaSalle St., S-703, Chicago, IL 60601 Memorandum Date: December 11, 2025 To: Steve Altman From: Eric Otto RE: IDNR/OWR application-for-permit C20250015 by the Winnetka Park District for the construction of fencing, in Lake Michigan, at 225 Sheridan Road, Winnetka, IL 60093 Authority The application for permit (application) was reviewed using the Illinois Department of Natural Resources, Office of Water Resources (Department) Part 3704 rules “REGULATION OF PUBLIC WATERS” which implement and are authorized by the Rivers, Lakes and Streams Act [615 ILCS 5]. The application was also reviewed using the Park District Code [70 ILCS 1205/11-2] (Exhibit PDC). Existing Conditions (Exhibit A) The applicant has three contiguous littoral lots, north to south, 260, 250, and 246 Sheridan Road, which form Centennial Park, on Lake Michigan. The beach is used as an off-leash dog swimming beach. The property is located immediately south of 261 Sheridan Road and immediately north of 205 Sheridan Road. Existing structures consist of: 1. A shore-parallel steel sheetpile seawall at the toe of the bluff 2. A shore-perpendicular steel sheetpile groin at the approximate center of the site 3. A shore-perpendicular steel sheetpile groin at the south property line Proposed Project (Exhibit B) The applicant proposes to install two shore-perpendicular rows of fencing (North and South), beginning at the existing steel sheetpile seawall, and extending 15 ft. into Lake Michigan. Both fences will consist of 4 ft. high chain link fence without concrete footings. The fence posts will be directly driven into clay substrate to the point of refusal. The North fence will be 91 ft. long and will be located 20 ft. south of the north property line. The South fence will be 78.25 ft. long and will be located 20 ft. north of the south property line. Gates will be installed in both rows of fencing to allow public access along the shoreline. Department Application Review History An application-for-permit was received on April 25, 2025. A permit application review fee of $3,360 was received on May 20, 2025. The Department issued a 30-day public notice on May 12, 2025. The public notice expired on June 13, 2025. Comments from 34 individuals were received in response to the notice. These comments were forwarded to the applicant for response on June 16, 2025. The applicant’s responses were received on September 30, 2025. IDNR/DEE’s sign off was received on April 29, 2025. The IEPA’s Final Determination Letter was received on August 8, 2025. The U.S. Army Corps of Engineers is currently reviewing the proposed project for authorization by an Individual Permit. Page 93 of 547 Page 94 of 547 I am attaching a copy of a letter to the Army Corps of Engineers that I also mailed to each of you today. I'm sending it to you by email as well because of my significant public safety concerns involving an unfenced dog beach reopening at Centennial Park when repairs are complete. By way of this email, my husband and I are asking three things: 1. Act together to clear the hurdles to the temporary fencing for the dog beach, and get it erected, as soon as possible. 2. Do not reopen the dog beach until the fencing is up. 3. Direct our police department to enforce the Village's and the Park District's leash laws, especially in our local parks.   As you will see in the letter, in early July we had two instances of dogs in our backyard coming off the unfenced dog beach. In one case, it was a pair of them traveling together. These dogs have no business roaming free in our community, and I am deeply disappointed that the Village, the Park District, and local law enforcement all continue to look the other way on unleashed dogs on the beach and in Centennial and Elder Lane parks. This situation is of particular concern regarding Elder Lane Park, which prohibits dogs altogether, on or off leash. This park teems with children daily, ranging from the toddlers at the tot lot, to the primary school children with their flag football and soccer practices, to the teens with the parking for New Trier, and to all kinds of families who regularly picnic in the park. I do not understand the failure of our local government to enforce our leash laws in these two parks and their beaches. As you will see in the letter, my own experience with a vicious dog attack in Elder Lane Park has shaped my views on this. I apologize for the graphic nature of the attached photos, but I think they illustrate well just what a dog is capable of doing in a very short period of time. The four photos were taken by the vet after Toby's attack. The largest wound was five inches long and an inch wide, the other very deep wound was approximately an inch deep into his tissue. Can you imagine if the Elder Lane victim had been a child in the park instead? My husband and I are happy to discuss this further. Besides contacting us by email, you can reach us on our landline, Thank you. Fran and John Edwardson Page 95 of 547 Page 96 of 547 Page 97 of 547 Page 98 of 547 Page 99 of 547 Page 100 of 547 Page 101 of 547 TALKING POINTS—FENCING FOR DOG BEACH My name is Fran Edwardson, and I live at 301 Sheridan Rd, next to Elder Lane Park. Since the dog beach at Centennial reopened with a supposed “leash” requirement, lower lake levels, and no fencing, we have had multiple dogs coming into our yard from the dog beach. They are traveling nearly a quarter mile from Centennial: across the 261 Sheridan and Elder Lane beaches, then onto our property, up our stairs, and into our yard. They have neither leashes nor owners with them. I’m grateful that our grandchildren weren’t outside as this could have put them in harm’s way. Worse yet, the dogs could have easily come up at Elder Lane Park next to the tot lot, or at an adjacent home where young children live and play in their yard often. Elder Lane Park is used by lots of kids, including the toddlers at the playground, Jr Trevians at sports practices, and the teenagers who park there to attend New Trier. Elder Lane is a “people park” and all dogs, whether on or off leash, are specifically prohibited in it by Park District ordinance. I have firsthand experience with an attacking dog, and know the serious injuries they can cause. In 2020, while I was walking my leashed dog Toby, he was tackled and dragged into Elder Lane Park by a very large, unleashed, uncollared German shepherd. He pinned Toby down, and began to eat my dog alive until the owner was able to pull the attacking dog off. It was horrifying. But, it could have been worse. What if the dog had attacked me instead? Or worse yet, a child playing in the park? While we love our dogs, they can be dangerous animals. That’s why we have laws that regulate them. Whether on the beach, in the parks, or on our streets, dogs should not be roaming unleashed in Winnetka. It presents an important public safety risk, which should be given the highest priority. Not just the law, but common sense, dictates that a dog beach must be fenced. This is not the Park District’s problem alone. The Village’s own leash laws specifically declare that unleashed dogs off the owner’s property are a “public nuisance.” Our zoning ordinances put this squarely in front of the Village, too. The plastic 1 Page 102 of 547 TALKING POINTS—FENCING FOR DOG BEACH construction fencing that’s up at Elder Lane beach right now isn’t going keep dogs from roaming for long. Two recent surveys done by the Park District and the Caucus indicate that the full reopening of Elder Lane beach is one of our community’s highest priorities. Our beaches should be safe for all beach goers and park visitors. Resilient fencing can create a safe and enjoyable environment for everyone, and mitigate the risks of unintended encounters between dogs and human beings. The Army Corps’ and IDNR’s review of the Park District’s temporary dog beach fence application is nearly complete. I urge the Village to cooperate with its fellow government agencies and grant all necessary approvals for the temporary dog fence as quickly as you possibly can. Thank you. 2 Page 103 of 547 To: Village of Winnetka Plan Commission From: Kimberley Marsh, 360 Forest Street, Winnetka, IL Re: Winnetka Park District Centennial Fence SUP Application Violates Design Standards, Conflicts with the 2040 Futures Plan & Misrepresents Facts and the Law Date: January 21, 2026 Please vote against recommending the Winnetka Park District’s (“WPD”) Village Code- violating, SUP standard breaching, unlawful and 2040 Futures Plan-indifferent permanent fencing permit application. 1. Design Standards prohibit chain-link fencing. WPD’s proposed black chain-link animal cage on the shores of Lake Michigan would violate this prohibition. It cannot be recommended to the Village Council. 2. VOW 2040 Futures Plan promotes open space and the preservation of Winnetka’s graceful character, neighborhood design standards, and the environment. WPD’s SUP application clearly violates all of these tenets. There is no standalone black chain link fencing along any neighboring Centennial Park property owner’s lakefront front lot line, nor along any Sheridan Road front lawn. There is no standalone chain link fencing in the neighborhood that extends into Lake Michigan. WPD’s SUP permit application cannot be recommended to the Village Council. 3. When the Village approved WPD’s 2001 Elder Lane and Beach SUP application, it required WPD to install Code-compliant non-chain link fencing. Despite this, WPD seeks to install Code non-compliant, design standard violating, 2040 Futures Plan -inconsistent chain link fencing on Centennial beach. 4. WPD’s proposed black chain link animal cage is not minimally necessary nor consistent with Code Section 15.78.010. WPD’s fencing is designed to stretch106’ from the toe of the bluffs into Lake Michigan on the north, and 93’3” into Lake Michigan to the south. The fencing extends 72 feet beyond the OHWM--WPD’s front lot line—on the north, and 77’3” beyond WPD’s front lot line to the south. Fencing that extends beyond a property owner’s front lot line is prohibited. 5. The Village Code prohibits nuisances, which it defines as fencing or other barriers that would extend into the public way, including Lake Michigan and its submerged lands. Page 104 of 547 6. Village Code Section 15.78.080 prohibits the creation of nuisances, such as fencing that would create Public Safety Hazards, including by impairing police and other first responder access to Centennial beach/Lake Michigan. WPD’s animal cage would have 10” double gates on the northern side of Centennial. On Centennial’s southern end, WPD designed two barely passable, stacked, single gates that form a 6’ long, 39” wide corridor in the lake east of the OHWM. WPD’s unsafe designs would unreasonably obstruct and interfere with ingress/egress to the adjacent public beach south of its animal cage. The cage would force first responders and other rescuers either into the lake through a yardstick wide corridor to try to reach emergency situations on the 20’ area south of the fencing and north of 205 Sheridan’s northern breakwater, or 77’3” past the OHWM into Lake Michigan to attempt to render aid to persons/dogs/boats/paddlers. 7. The 2040 Futures Plan contemplates ADA access. For local governmental bodies such as WPD, compliance is mandatory. Despite this, WPD designed an ADA non-compliant beach corridor that is too narrow for a wheelchair to use, with an insufficient turning radius that would trap people and dogs inside the chain link fencing, possibly in the waters of Lake Michigan. This dangerous and unlawful design violates the Village Code as well as the 2040 Futures Plan and cannot be recommended for approval. 8. WPD misrepresents the permanent nature of its black chain-link fenced in animal cage extending along and well past its front lot line on the shores of Lake Michigan. The fencing would be permanent, with no time constraints or removal requirement. 9. WPD claims its ADA-violating, public nuisance creating, Design Code abrogating, 39” wide, 6’ corridor will never be used for maintenance south of the black chain-link fencing. This is out of line with the realities of known debris that washes up from Lake Michigan, as well as boats that may crash into 205 Sheridan’s armored stone breakwaters, possibly stranding boaters/boats on a narrow 20’ strip of inaccessible public beach, or beyond. A 34’ long boat was stranded after encountering heavy waves 2 Page 105 of 547 at Lloyd in October 2025. WPD also recently described finding a large section of wide rubber pipe washed up onto the Elder-Centennial beach, which required removal efforts by both the Village and WPD. That belies WPD’s false statement that no maintenance will ever be required south of its unlawful black chain-link lakefront animal cage. 10. Cook County Animal Control (“CCAC”) has refused to evaluate WPD’s animal cage until after IDNR and USACE make their determinations, despite repeated entreaties not only from WPD, but also via email and phone calls from Orchard 2020 Trust’s attorneys. In 2024, CCAC Administrator Dr. Diakhate informed Shannon Nazzal that Centennial beach is a “dog friendly area.” Cook County does not require four-sided or any other specific fencing for Lake Michigan dog friendly areas, WPD can produce no documentation supporting its specious claims. 11. The Village Code prohibits dog owners from allowing their pets to “run at large.” The IL Animal Control Act, 510 ILCS 5, 5/9, provides that: “A dog that is in a dog-friendly area or a dog park is NOT CONSIDERED TO BE RUNNING AT LARGE IF THE DOG IS MONITORED OR SUPERVISED BY A PERSON.” There is no lawful justification for WPD’s attempted usurpation of CCAC’s sole and exclusive Animal Control Act authority. WPD is deliberately mis-defining what constitutes “running at large” to force the Village of Winnetka to violate the 2040 Futures Plan, its Design Standards, the Lakefront Preservation Ordinance, and the Village Code’s nuisance provisions. 12. CCAC regulations require fully enclosed four-sided fencing for “dog parks” on land. Even if the IL Animal Control Act were amended to exclude dog friendly areas from its definition of places where canines are NOT “running at large,” WPD’s two-sided fencing would be out of compliance with the rules. As WPD knows, CCAC’s Administrator lacks waiver authority for the four-sided fencing requirement. Please vote to deny recommending WPD’s grant of a SUP for its unlawful, specious and misleading fencing permit application. 3 Page 106 of 547 Friends - What a surprise to receive an email from Eric Otto on Christmas Eve saying that the IDNR had issued Permit LM2025011 allowing the Winnetka Park District to put fencing into Lake Michigan around Centennial Park! This is a terrible idea for so many reasons. First of all, this fence de es Illinois law (615 ILCS 5/27). This is a beach for public use. I understand that the Park District application described the fencing as going into the lake 15 feet. Take a look at the WPD's own drawings. They want to have a fence which would go 106 feet lakeward from the seawall to the north, and 93 feet 3 inches lakeward from the seawall to the south. Think of the hazards these fences will present to swimmers, boaters, and even dogs! Mr. Otto mentions that the area where the Park District wants to put its fences is made up of shoals and water not t for navigation. That's simply not true. According to USACE, all of Lake Michigan's waters are navigable. Finally, this really is moot since a public notice was not posted to inform the Winnetka residents about the Park District's plans and application. I believe Laurie Morse's comments, which you have, sum up our problems here: Mr. Otto's permit of multiple fences on Centennial Beach is a precedent-setting decision with consequences leadership at the Corps and the IDNR have not considered, and which are far-reaching. The IDNR failed to hold a public hearing that included all managers of waterside state and county recreational areas in Illinois prior to making this permit decision. Please reconsider your decision and rescind Permit LM2025011. Please keep me updated. Thank you. Irene Smith 1087 Elm Street Winnetka, IL 60093 Page 107 of 547 fi fi ATTACHMENT C2 From: To: Kristin Kazenas; ContactCouncil; Planning Cc: Shannon Nazzal; ; Christina Codo; scorley@winpark.org; dseaman@winpark.org; cyrapp@winpark.org; jtyson@winpark.org; Kutulas Costa Subject: Winnetka Dog Beach Fencing Date: Friday, January 23, 2026 10:52:57 AM Attachments: Exhibit 2 - Dog Park and Beach - History and Consideration of Alternatives.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Village of Winnetka Board of Trustees, Staff and Plan Commissioners, As you prepare for the upcoming Plan Commission Hearing regarding the dog beach, I thought if would be helpful to list some salient facts regarding the Winnetka Dog Beach and attach the exhibit that was included in the prior plan commission submittal regarding the history of the Winnetka Dog Beach. The dog beach at Winnetka's Centennial Park opened in 1995. The Village of Winnetka adopted leash laws in 2007, requiring dogs to be on leash in public spaces Cook County Animal Control Ordinance has detailed requirements for operating off- leash dog parks including fences and controlled access. A chain link fence was in place at the near the north end of Centennial beach extending into the water for the better part of a decade before it was obliterated by wave action accompanying rising water levels peaking in 2020. The Winnetka Park District developed thoughtful plans that meet the various requirements to keep the dog beach in compliance with governing regulations and be consistent with the public trust doctrine. The Park District studied all other locations and determined Centennial is best suited for the purpose of the dog beach (see attached document included in prior public submittals to the Village of Winnetka). Centennial Beach, with 520 feet of shoreline represents more than 21% of the publicly accessible shoreline in Winnetka. The number of Winnetka households with dog beach passes averages less than 7% of the households. The Park District voted UNANIMOUSLY in October of 2022, to keep the dog beach at Centennial but reduce the size to not less than 170 and not more than 270 feet of shoreline and to provide public access to the balance of Centennial Park. ANY other proposed dog beach in Winnetka would require the granting of a special use permit before it could be used as an off-leash dog park and it would have to meet the same requirements. Page 108 of 547 The Village of Winnetka requires a Special Use Permit for ALL: Parks, Schools, Churches and other Institutional uses because it does not have a land use category in its zoning ordinance for such uses. But for the lack of proper zoning classification this request would be a simple administrative process requiring a building permit. Despite the fact that the dog beach has been in the same location for the past 30 years, the Village of Winnetka is insisting upon a new special use permit for a temporary fence to allow dogs to run off leash at Centennial Beach. The Winnetka Park District is obligated to follow the ordinances enacted by the Village of Winnetka, County of Cook and State of Illinois; its not an option. The Village should explain to its constituents who made the decision to require a special use permit and why it is required for a statutorily required fence. It's been more than 3 years since the Park District agreed to modify the lakefront master plan to keep the dog beach at Centennial and people are still arguing over a simple plan to meet the basic code requirements for an off-leash dog park.   Politics involves compromise. Operating a dog beach requires compliance with governing regulations. The proposed interim fencing solution properly secures the dog beach while affording the public access to the balance of Centennial Park and Beach. The plan should be approved without further delay. Warren James Page 109 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives Centennial Park was established in 1969 with the acquisition of the former North Shore Health Resort Property. Park features are largely the same today as when it was first developed, with the notable exceptions of the bluff and shoreline repairs in 1987 and the formation of the Centennial Park off- leash “Dog Beach” in 1995. Above: Drone image dated 2020-09-29 Below: Drone image dated 2020-08-26 Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 110 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives Publicly owned shoreline in Winnetka is detailed below: Publicly Owned Lakefront Property – Village of Winnetka & Winnetka Park District BeachPa Shore Beach Access WPD WPD Managed frontag Shore Access Allowed Managed with Beach e frontage Allowed (% of Beach Access Description (feet) (% of total) (feet) total) (feet) Allowed (%) Sheridan Rd – Ravines 100 3.3% 100 3.9% 0 0.0% Tower Rd Beach (WPD) 200 6.6% 200 7.9% 200 8.3% Tower Rd Beach (VofW) 320 10.6% 320 12.6% 320 13.3% Tower Rd Power Plant 215 7.1% 0 28.3% 0 0.0% Lloyd Beach 720 23.8% 720 9.2% 720 29.9% Maple Beach 235 7.8% 235 0.0% 235 9.8% Spruce Street ROW 66 2.2% 0 0.0% 0 0.0% Elm Street ROW 66 2.2% 0 0.0% 0 0.0% Oak Street ROW 66 2.2% 0 0.0% 0 0.0% Cherry Street ROW 40 1.3% 40 1.6% 0 0.0% Willow Road ROW 66 2.2% 0 0.0% 0 0.0% Elder Lane Beach 410 13.6% 410 16.1% 410 17.0% Centennial Beach 520 17.2% 520 20.4% 520 21.6% TOTALS: 3024 100.0% 2545 100.0% 2405 100.0% Note: Centennial Beach represents 21.6% of the total usable beachfront managed by the WPD. Winnetka Park District – Dog Beach Pass Holders – Summary Report: 2010-2022 Year Resident Non-Resident 2010 351 75 2011 311 73 2012 320 89 2013 275 71 2014 285 65 2015 267 63 2016 315 70 2017 333 80 2018 371 94 2019 356 105 2020 245 56 2021 300 86 2022 232 54 AVERAGE: 305 75 Approx. 4500 Households within the WPD (includes parts of Northfield, Glencoe, Kenilworth) The 13 year average of 305 resident dog beach passes represents only 6.8% of WPD households. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 111 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives DOG BEACH TIMELINE • 1995 – Dog Beach Created at Centennial Park by Winnetka Park District • 2007 – Village of Winnetka adopts leash ordinance • 2015 – Lakefront Advisory Committee recommends relocating dog park in the event Elder and Centennial are unified, recognizing that Elder and Centennial combined with 261 Sheridan would result in a 1000-foot public beach. • April 2016 - Lakefront Master Plan Adopted • May 2016 – Community needs assessment survey identified dog park as top 5 priority • Dec 2018 – Residents approach WPD Board to advocate for an off-leash (land based) dog park • Jan 2019 – Board directs staff to prioritize dry land dog park assessment • Mar 2019 – Staff evaluated 33 sites and identifies 4 as meeting minimum requirements • Jun 2019 – WPD host meeting to present findings from community engagement • Aug 2019 – WPD Board reviews information regarding dog park locations o During the board meeting, the need to find a suitable alternative location for a dog park was highlighted, noting that the Lakefront Master Plan called for relocating the dog park away from Centennial Beach in the event the parks were unified. o WPD identifies West Elm Park and Crow Island Woods best suited locations for off- leash dog park. o West Elm area residents mobilize to oppose dog park at portion of West Elm Park o Euclid Avenue residents mobilize to oppose dog park at portion of Crow Island Woods o WPD Board drops proposal for dog beach at West Elm or Crow Island due to community opposition and focuses on off leash park on portion of the Village municipal yard south of Willow Road. • March 2020 – Covid Outbreak o WPD meetings to go to zoom only o Caucus participation plummets to low 20’s total participation o Randy Whitchurch and Bill Murphy – both residents of Fuller Lane volunteer to serve on Winnetka Caucus Council Park District commissioner selection committee • August 19, 2020 – Caucus zoom interviews of candidates for WPD Commissioner; conducted by Randy Whitchurch and Bill Murphy; seven candidates for one open seat; Eric Lussen and Warren James, both incumbents interviewed for second term. • October 10, 2020 – Winnetka Park District enters into Exchange Agreement to acquire 261 Sheridan. • November 11, 2020, Caucus Town Hall, presentation of Candidates via zoom: o Candidate Colleen Root was recommended by the Winnetka Caucus Council as nominee for park board commissioner. o Candidate Root introduces herself as an attorney from Houston, TX, who moved to Winnetka in 2018, is familiar with the Army Corps of Engineers by virtue of the fact her home was flooded and destroyed by a hurricane, stated one of the reasons she moved to Winnetka was for its dog beach. • March 10, 2021, Caucus Spring Town Hall – question regarding dog beach/parks directed to candidate Colleen Root in lieu of board President Mickey Archambault. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 112 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives • May 27, 2021, Commissioner Root sworn in as newly elected Commissioner • Jun 24, 2021, first Regular Board meeting with new board members, including Commissioner Root (in attendance.) • Aug 26, 2021, WPD Board meeting: 50+ attendees demanding reinstatement of dog beach in lakefront master plan – led by Commissioner Colleen Root & Randy Whitchurch • WPD Board responded to community input and established Dog Beach Committee which included volunteer time/board liaison from Village President Chris Rintz. • Village of Winnetka reiterated its offer to allocate land for off leash dog park at Village Municipal Yard, for which specific plans were prepared by WPD. However, the Village noted that off leash park on municipal yard would not be able to be constructed until after the completion of the stormwater project in SW Winnetka. • Village of Winnetka offered to establish dog beach on a portion of Tower Road Beach owned by the Village of Winnetka immediately adjacent and north of Tower Road pier. • As detailed above, the total usable publicly owned shoreline at Tower Road Beach is approximately 520 feet. Comprised of 320 feet owned by the Village of Winnetka, leased to the WPD and the 200-foot-wide lot owned by the WPD. Cook County Viewer – GIS Image – Village of Winnetka Owned Property Cook County Viewer – GIS Image – Winnetka Park District owned property Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 113 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives • Spring 2022 - Dog Beach Committee developed specific plans for dog beach at Tower Road. • Spring 2022 - Dog Beach Committee worked with staff and consultants to prepare plans for dog beach on the southern portion of Tower Road Beach, including a fence surrounding the dog beach extending to the waterline. • WPD Board of Directors reviewed proposed plan for Tower prepared by Dog Beach Committee. The WPD Board made the following observations: o With 520’ total available shoreline, proposed dog park at 258’ wide as depicted on the proposed plan would result in swimming beach of only 262 feet. o The exposure to waves from the North-northeast would require more substantial barrier than a temporary chain link fence to properly separate dog beach users from swimmers – likely sheet pile groin and stone breakwater that would add significant expense to the project. o Wave action and riptide adjacent to Tower Road pier presents hazard to dogs. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 114 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives • Randy Whitchurch public comment to WPD Board during Tower Road location consideration: Mr. Whitchurch objected to relocation of dog beach to Tower Road citing steep slope of access drive and parking limitations. o Note: given that most dog beach users arrive on foot, moving the dog beach to Tower would result in potential conflicts between dogs, automobiles, pedestrians and cyclists on the steeply sloping access drive at Tower Road Beach, 15’-6” wide. • June 9, 2022, WPD Board votes 3-2 with (Commissioners Codo and Lussen absent) to withdraw permit applications for Elder and Centennial beaches from the IDNR & ACOE. • July 8, 2022, Orchard 2020 (Ishbia) acquires 195 Sheridan Road and informs WPD of their intent to move house plans south of Centennial Park, excluding Exchange parcel. • October 24, 2022; Winnetka homeowner Robert Schriesheim files lawsuit against Winnetka Park District, challenging the Property Exchange Agreement o Note: Shriesheim v. Winnetka Park District was settled on January 16, 2025. The Settlement Agreement contains the following provisions: “the Parties have agreed to the terms herein for the sole purpose of settlement, and nothing herein may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing or lack thereof” AND “The WPD agrees not to transfer title to the beach property at Centennial Park which lies east (or lakeward) of the current steel sheet piling at the toe of the bluff to any non-governmental entity.” o The Settlement Agreement assures that the southern end of Centennial Beach will remain part of the WPD owned shoreline and the proposed dog beach will not be altered. • October 27, 2022, WPD Board UNANIMOUSLY approves a motion to maintain dog beach at south end of Centennial Park (present location) with several conditions as detailed below. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 115 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives • Excerpts from Board Meeting Minutes of October 27, 2022, read as follows: Commissioner Lussen made a motion to amend the Waterfront 2030 Lakefront Master Plan to Include a Dog Beach at the south end of Centennial Beach subject to the following conditions: a. Shore frontage allocated to dog beach use shall not be less than 170 feet and not be greater than 270 feet; b. The dog beach area must include a secure boundary to prevent dogs from straying beyond the borders of the dog beach while off leash; c. The electric gate system be relocated to the beach or boardwalk level to afford public access to the remainder of Centennial Beach; and d. Dog beach boundaries shall accommodate public passage along the lakefront in keeping with the IDNR guidelines. Commissioner Archambault seconded the motion. Commissioner Lussen acknowledged a Cook County law which requires a fenced in dog beach. Commissioner Root commented it appears the Park District is tying design to the desires of Orchard 2020. Commissioner Lussen commented the dog beach provides an important element to our community. Commission Codo stated keeping the dog beach at the south end is a neutral location. The IDNR phrasing in the motion allows the Park District to control what happens on its property and the IDNR to control what happens on adjacent property. Following discussion, item “d” of the motion was amended as follows: “Dog beach boundaries shall accommodate public passage along the lakefront”. • A roll call vote was taken. • Ayes: Archambault, Codo, James, Lussen, Rapp, Root, Seaman • Nays: None • Motion carried as amended ADDITIONAL BACKGROUND INFORMATION: The Illinois Department of Natural Resources, Office of Water Resources, published Guidelines for the submittal of applications for Illinois Department of Natural Resources, Office of Water Resources Permits for Shore Protection Projects in Lake Michigan in November 2015. The Guidelines contain the following provisions: “Where possible, notably in areas where existing access along the lakeshore is available, the project should provide some type of reasonable access over or around it on the landward side.” The WPD proposed plans for the Centennial dog beach comply with the IDNR guidelines by providing a bypass around the dog beach on the landward side of the proposed dog beach. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 116 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives The Foreword to the Cook County Animal Control Act reads in part as follows: The Cook County Animal and Rabies Control Ordinance was developed and passed to establish guidelines in the development of harmonious relationships between animals and man. This Ordinance is the law in all municipalities within Cook County. Any municipality regardless of its population may pass an ordinance effective within its jurisdiction more strict than the County Ordinance. No person including a municipal corporation, forest preserve district or park district shall designate within the County an outdoor area, even if fenced, as an area where dogs may run off leash unless such person, municipal corporation forest preserve district or park district complies with such regulation as may be issued by the Administrator of the operation of outdoor off leash areas. Computer Generated scaled image of proposed Dog Beach with perimeter fence and bypass along landward side as required by Cook County and IDNR. The shoreline frontage dedicated to the proposed dog beach is approximately 240 feet, slightly less than 10% of the WPD managed shoreline in Winnetka, which is a more appropriate allocation of shoreline than the entire Centennial beach which is 520 feet of shoreline, representing 21.6% of the total usable shoreline managed by the WPD. The proposed pier provides robust protection from waves coming from the northeast and proper separation between the dog beach and the swimming beach to the north. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 117 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives In January 2023, at the Elder-Centennial Open House, the WPD presented the following images to demonstrate the relative size of the combined Elder-Centennial to the existing Lloyd Beach. The picture above demonstrates that the entire 730 feet of Lloyd Beach and Stepan Boat launch easily fits within the 1000-foot combined Elder-Centennial Beach with 270 feet remaining at the south end. This image above, also from January 2023, depicts the plan view of Lloyd (in gray) with the contemplated headland beach system and adjacent dog beach planned for Centennial and Elder (in orange). Note that the Lloyd breakwaters project the same distance into the lake as the proposed improvements at Centennial and Elder, while the Stepan boat launch extends further into the lake. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 118 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives For comparison purposes, the WPD notes the following attributes of the Gillson Park Dog Beach in Wilmette. • The shoreline dedicated to the dog beach is approximately 225 feet. • The dog beach is oriented in an easterly direction and it is protected by a 475-foot long stone breakwater to the north. • A chain link fence as seen near the middle of the beach area which defines the northerly edge of the dog beach is protected from waves from the northeast by the stone breakwater. The following page provides and update on the proposed bypass of the dog beach and access to the steps up and over the stone breakwater at 205 Sheridan. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 119 of 547 Winnetka Park District – Centennial Park Dog Beach History and Consideration of Off Leash Dog Park & Dog Beach Alternatives Sand level at Centennial South Groin, Oct-17-2024 Sand level at Centennial South Groin, Feb-9- 2025 The steel groin (jetty) is located near the south property line of Centennial Dog Beach. The temporary construction fence is located along the northerly property line of 205 Sheridan. The convergence of the fence and steel jetty is the approximate location of where the extended property line of 205 Sheridan intersects the pre-existing steel groin. As of Oct-24, the sand on both sides of the steel extended afforded easy passage over the steel groin. As of Feb-25, the vertical drop on the north side has increased due to the loss of sand. Accumulated sand between the steel groin and the newly constructed stone groin provides dry passage to the steps leading over the stone groin at 205 Sheridan. Proposed dog beach fence to be secured to existing steel groin. Note: Sand trapped between stone & steel provides 6-foot wide pathway to the steps over the stone groin Accreted sand between steel & stone groin, Feb-9-2025 Steps over stone groin at 205 Sheridan, Feb-9-2025 There are three options to ensure safe, legal passage for pedestrians desiring to transit the shoreline: 1) Secure legal determination that accumulated sand between steel and stone groin is public land. 2) Secure easement agreement to ensure legal passage to reach steps up and over stone groin. 3) Relocate steel sheet pile to provide pedestrian pathway on the north side of the extended property line between Centennial Dog Beach and 205 Sheridan. Prepared by Park District Commissioner, Warren James, last updated February 2025 Page 120 of 547 Page 121 of 547 6.      Village Code Section 15.78.080 prohibits the creation of nuisances, such as fencing that would create Public Safety Hazards, including by impairing police and other first responder access to Centennial beach/Lake Michigan. WPD’s animal cage would have 10” double gates on the northern side of Centennial. On Centennial’s southern end, WPD designed two barely passable, stacked, single gates that form a 6’ long, 39” wide corridor in the lake east of the OHWM. WPD’s unsafe designs would unreasonably obstruct and interfere with ingress/egress to the adjacent public beach south of its animal cage. The cage would force first responders and other rescuers either into the lake through a yardstick wide corridor to try to reach emergency situations on the 20’ area south of the fencing and north of 205 Sheridan’s northern breakwater, or 77’3” past the OHWM into Lake Michigan to attempt to render aid to persons/dogs/boats/paddlers. 7.      The 2040 Futures Plan contemplates ADA access. For local governmental bodies such as WPD, compliance is mandatory. Despite this, WPD designed an ADA non-compliant beach corridor that is too narrow for a wheelchair to use, with an insufficient turning radius that would trap people and dogs inside the chain link fencing, possibly in the waters of Lake Michigan. This dangerous and unlawful design violates the Village Code as well as the 2040 Futures Plan and cannot be recommended for approval. Page 122 of 547 Page 123 of 547 Please deny the Park District's application for an SUP. Thanks for considering! Best, Mack Instagram Facebook Enjoy hearing new music? Please check out my new singles. Share 'em, if you like 'em! "We Need More Santas" "One Step Ahead of the Law" "No Words" "You're My Everything (Alexa!)" "Second Chances" Second place Grand Prize Winner, 2024 Dallas Songwriters Association Contest; Outstanding Achievement in Songwriting, 2024 Great American Song Contest; Nashville Songwriters Association Bob Kingsley 2024 "Top 10" Spotify/AppleMusic: MackSongs: First Cuts https://soundcloud.com/macksongs Page 124 of 547 Page 125 of 547 the chain link fencing, possibly in the waters of Lake Michigan. This dangerous and unlawful design violates the Village Code as well as the 2040 Futures Plan, and cannot be recommended for approval. 8. WPD misrepresents the permanent nature of its black chain-link fenced in animal cage extending along and well past its front lot line on the shores of Lake Michigan. The fencing would be permanent, with no time constraints or removal requirement. 9. WPD claims its ADA-violating, public nuisance creating, Design Code abrogating, 39” wide, 6’ corridor will never be used for maintenance south of the black chain-link fencing. This is out of line with the realities of known debris that washes up from Lake Michigan, as well as boats that may crash into 205 Sheridan’s armored stone breakwaters, possibly stranding boaters/boats on a narrow 20’ strip of inaccessible public beach, or beyond. A 34’ long boat was stranded after encountering heavy waves at Lloyd in October 2025. WPD also recently described finding a large section of wide rubber pipe washed up onto the Elder- Centennial beach, which required removal efforts by both the Village and WPD. That belies WPD’s false statement that no maintenance will ever be required south of its unlawful black chain-link lakefront animal cage. 10. Cook County Animal Control (“CCAC”) has refused to evaluate WPD’s animal cage until after IDNR and USACE make their determinations, despite repeated entreaties not only from WPD, but also via email and phone calls from Orchard 2020 Trust’s attorneys. In 2024, CCAC Administrator Dr. Diakhate informed Shannon Nazzal that Centennial beach is a “dog friendly area.” Cook County does not require four-sided or any other specific fencing for Lake Michigan dog friendly areas, WPD can produce no documentation supporting its specious claims. 11. The Village Code prohibits dog owners from allowing their pets to “run at large.” The IL Animal Control Act, 510 ILCS 5, 5/9, provides that: “A dog that is in a dog-friendly area or a dog park is NOT CONSIDERED TO BE RUNNING AT LARGE IF THE DOG IS MONITORED OR SUPERVISED BY A PERSON.” There is no lawful justification for WPD’s attempted usurpation of CCAC’s sole and exclusive Animal Control Act authority. WPD is deliberately misdefining what constitutes “running at large” in an effort to force the Village of Winnetka to violate the 2040 Futures Plan, its Design Standards, the Lakefront Preservation Ordinance, and the Village Code’s nuisance provisions. 12. CCAC regulations require fully enclosed four-sided fencing for “dog parks” on land. Even if the IL Animal Control Act were amended to exclude dog friendly areas from its definition of places where canines are NOT “running at large,” WPD’s two-sided fencing would be out of compliance with the rules. As WPD knows, CCAC’s Administrator lacks waiver authority for the four-sided fencing requirement. Please vote to deny recommending WPD’s grant of a SUP for its unlawful, specious and misleading fencing permit application. Stephanie Heraty 195 Fuller Lane Winnetka IL Page 126 of 547 From: To: Ann Klaassen Subject: Comments for Plan Commission Meeting January 28, 2026 Date: Monday, January 26, 2026 3:41:05 PM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. January 26, 2026 Re: Special Use Permit for Dog Fence Plan Commissioners: Thank you for your attention to this matter. The plans for the off-leash dog beach, as drawn on April 2025 and submitted as part of tonight’s agenda packet (January 28, 2026 meeting,) are vague and therefore misleading. The drawings fail to inform the plan committee and the public of the breakwater now existing at the north boundary of 205 Sheridan Rd. or the south boundary of Centennial Park. Had the breakwater been included, the benign looking gap between the thin line representing the fence and the property line of 205 Sheridan Rd. would seem entirely redundant and hazardous. The proposed fence is 93 ft. 3in. long from the toe of the bluff to its eastern terminus in Lake Michigan. It runs into the lake at a distance of 16-19ft. from the ordinary water line, but that stretch would increase to 40 plus ft. should the lake rise to the high water mark of 581.5 ft. At best the proposed 20 ft. gap will be an unsightly debris collector and at worst it would be a trap endangering the lives of people and dogs that might get stuck and battered between jagged rocks and an ungiving fence. Yes, the lake can get choppy and wavy. The need to provide a fence when there is already a pile of rocks at that property line is questionable. Dogs aren’t going to pick their way over rocks in favor of running and playing on the beach. Drawings are a powerful tool of communication. They should be comprehensive and describe adjacency. In this case they fail to do so. Therefore, please deny this Special Use Permit. Joanna Karatzas Winnetka Resident Sent from my iPhone Page 127 of 547 From: To: Planning Subject: Urging denial of SUP for chain link fencing in Lake Michigan Date: Monday, January 26, 2026 4:31:42 PM [Some people who received this message don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the members of the Winnetka Planning Commission: We are respectfully urging the Commission to deny the requested special use permit to place chain link fencing into Lake Michigan for a dog beach at Centennial Park. Such a fence has not been necessary previously, is an obvious eyesore on a natural beach scape thereby impairing use and enjoyment and creates risks to swimmers, boaters, and dogs being caught in the fencing. Further, such fencing has the potential to obstruct public use of the shoreline as protected under IL law. Thank you for your time and consideration. Please vote to deny the special use permit request for the chain link fencing into Lake Michigan at Centennial Park. Sincerely, Kim and David Mulligan Pelham Road Page 128 of 547 John William Root 326 Woodland Avenue Winnetka, IL 60093 Telephone: Email: Sent by electronic mail: smangum@winnetka.org Mr. Scott Mangum January 26, 2026 Village of Winnetka Director of Community Development 510 Green Bay Road Winnetka, IL 60093 Re: Case No. 25-28-SU 225 Sheridan Road – Centennial Park & Beach Comments for 10/14/24 Hearing Dear Mr. Mangum: I have reviewed the Winnetka Park District’s (Park’s) Special Use Permit Application (SUP) for Centennial Park, dated October 10, 2025. My following comments summarize my concerns about the proposed WPD Centennial dog fence and how that design conflicts with Village ordinances, particularly the Village zoning ordinances. I would appreciate your assistance in sharing my comments as part of the official packet to be delivered to the members of the Village of Winnetka Plan Commission. Design Concerns I have reviewed the SUP, and I believe that WPD’s design violates provisions in the Lakefront Construction ordinances and violates Village dog ordinances. WPD has offered inadequate reasons or justification for exceptions from these regulations. Village Dog Ordinances The Park’s SUP seeks to establish an off-leash dog beach where dogs run at large in the same space with the general public. Village Ordinance Section 6.08.020 “Responsibilities of dog owners” states the following: A. It shall be the responsibility of the owner of any dog in the Village to keep such dog or to cause such dog to be kept under control at all times and to prevent such dog from doing any of the following prohibited acts, each of which is declared to be a public nuisance: Page 129 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 2 of 11 1. Running at Large. "Running at large" means being unconfined on or in property not owned or lawfully possessed by the owner of the dog, including public property, without being under immediate control by the owner of the dog or a responsible member of his or her family or by a responsible agent of the family, by means of a leash, cord, chain or like device. This ordinance is unambiguous and the Park’s SUP for an off-leash dog park clearly violates the ordinance. Section 6.08.020 is designed to protect the public from loose dogs and is designed to keep the public safe during interactions with dogs. Members of the public who dislike or fear dogs should not have share a public beach with loose dogs in an off-leash dog beach. The public should not be forced into a dog pen to cross a public beach. By violating Section 6.08.020 A. 1. The Park also violates Section 17.56.010: 1. “That the establishment, maintenance, and operation of the special use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare;” 6. “That the special use in all other respects conforms to the applicable regulations of this and other village ordinances and codes.” Fencing on Lake Michigan Dog Beaches The proposed design of the Park’s Centennial dog fence violates Lakefront Construction ordinance: Section 15.78.080(D). Project Scope. The covered construction and any related structures include only what is minimally necessary to achieve the intended and proper purpose of the project and to be consistent with the purposes set forth in Section 15.78.010 of this chapter. The WPD proposed fences extend further into the lake than is necessary to keep dogs confined to the dog beach. The Park’s current design would extend the northern and southern fences 15’ into the lake at current lake levels (see figures 1 & 2) (highlighting for emphasis). Page 130 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 3 of 11 Page 131 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 4 of 11 However, lake levels vary and the lake reached the Ordinary High Water Mark in late 2019. In 2019 the Park’s northern fence would have extended 31’ (figure 1) into the lake and 45’of the southern fence (figure 2) would have extended into the lake. Neither fence needs to be extended into the lake. Dogs are accompanied by their owners and owners keep their dogs confined to the dog beach. If the fence stops at the water’s edge and a dog goes around the fence, then the owner would be able to quickly follow the dog and return the dog to the enclosed area. Fences that run from the toe of the bluff to the water line are sufficient to demark the dog beach. The fact that no other lake Michigan dog beach operator has seen the need to extend a standalone chain link fence into the lake shows that such extensions are not needed. Lake Michigan Dog Beaches There are six dog beaches other than Centennial on Lake Michigan in Illinois: Sunrise Dog Beach in Lake Bluff, Moraine Dog Beach in Highland Park, Gillson Dog Beach in Wilmette, Evanston Dog Beach in Evanston, Montrose Dog Beach in Chicago, and Belmont Dog Beach in Chicago. Please note that four of these dog beaches are located in Cook County. None of these beaches have a free-standing chain-link fence that extends into the lake. Page 132 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 5 of 11 Sunset Dog Beach & Adjacent Swimming Beach Sunset Dog Beach is bounded on the north by private property and on the south by a public swimming beach (figure 3). Figure 3: Sunset dog beach Lake Bluff There is a 4’ high split rail fence covered in wire mesh on the southern boundary of the dog beach that separates the dog beach form the people swimming beach and a rocky shore to the north keeps the dogs confined to the beach. The split rail fence is located behind a metal groin and is not located in the water. Page 133 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 6 of 11 Gillson Dog Beach & Adjacent Swimming Beach Gillson Dog Beach is bounded on the north by Gillson Swimming Beach and bounded to the south by Wilmette Harbor. (figure 4). Figure 4: Gillson dog beach Wilmette The chain link fence 4’-5’ high on the northern boundary separates the dog beach from the people swimming beach. You can see that the northern chain link fence stops at the water’s edge. In fact, the chain link fence is made of panels that are removed from the park upon the conclusion of the Summer swimming season. The Wilmette Harbor to the south also keeps the dogs confined to the dog beach. A plastic safety barrier fence keeps dogs off the rubble stone lining the harbor. Page 134 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 7 of 11 Evanston Dog Beach & Adjacent Swimming Beach Evanston Dog Beach is bounded on the north by Clark Street Swimming Beach and bounded to the south by Church Street Power Boat Ramp (figure 5). Figure 5: Evanston dog beach Evanston There is a 4’ high chain link fence welded to a preexisting 4’ high steel groin on the northern boundary separating human swimmers from dogs and the Church Street Power Boat Ramp to the south keeps the dogs confined to the dog beach. The chain link fence serves a primary purpose of fall prevention for beach goers on Clark Street beach and also separates dogs from swimmers. However, the chain link fence is not directly installed in the lake. Page 135 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 8 of 11 Montrose Dog Beach & Adjacent Swimming Beach Montrose Dog Beach is bounded on the north by a concrete revetment and bounded to the south by a chain link fence that separates it from Montrose Swimming Beach (figure 6). Figure 6: Montrose dog beach Chicago The chain link fence is 4’ to 5’ high on the southern boundary. The fence separates swimmers from dogs and terminates at the water’s edge. The revetment to the north keeps the dogs confined to the dog beach. Page 136 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 9 of 11 Belmont Dog Beach Belmont Dog Beach, located in Belmont Harbor in Chicago, does not border a public swim beach or private property. The western boundary of the dog park is an iron fence 4’ high separating a public sidewalk from the dog beach and the remaining three sides of the beach are bordered by the harbor (figure 7). Figure 7: Belmont dog beach Chicago Page 137 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 10 of 11 Moraine Dog Beach Moraine Dog Beach is located in Highland Park. A ravine confines the dogs to the north and a 4’ high wooden slat snow fence confines the dogs to the south. The snow fence is attached to posts driven into the beach adjacent to a steel groin. The snow fence does not extend into the water. Figure 8: Moraine dog beach Highland Park This review of the North Shore Lake Michigan dog beaches in Illinois shows that fencing is the most popular method used to separate, confine, and “delineate” dog beaches from human beaches. Municipalities also use natural boundaries such as ravines and rocky shorelines to confine the dogs and separate them from people. Artificial structures such as stone lined harbors, steel groins, and boat launches also serve a secondary purpose of confining dogs and separating them from humans on the beaches. This survey also shows that no municipality has installed a standalone fence into the lake and that installed standalone fences terminate at the water’s edge. One can conclude that fences terminating along the water’s edge are adequate for separating dogs from humans Page 138 of 547 Letter to Mr. Scott Mangum January 25, 2026 Page 11 of 11 “Temporary Dog Fence” The Park’s SUP calls for a “temporary” dog fence while not specifying a date certain for when the fence would be removed or replaced. A fence that can remain indefinitely is not temporary. Village Counsel should require the Park to remove the fence should Centennial Park cease to be operated as an off-leash dog park by the Park or for that portion of the dog beach that is subsequently transferred to a private entity. These limitation requirements should be a condition of issuance of the permit. Conclusion For all the reasons enumerated above, I respectfully request that Plan Commission recommend against the granting of Park’s SUP. Thank you and member of the Village of Winnetka Plan Commission for your consideration of these comments. cc: Members of the Village of Winnetka Plan Commission Ms. Kristin Kazenas, Village Manager By Email: KKazenas@winnetka.org Ms. Ann Klaassen Assistant Director By Email: AKlaassen@winnetka.org Page 139 of 547 Page 140 of 547 The Village Code prohibits nuisances, which it defines as fencing or other barriers that would extend into the public way, including Lake Michigan and its submerged lands. Village Code Section 15.78.080 prohibits the creation of nuisances, such as fencing that would create Public Safety Hazards, including by impairing police7. 8. 9. and other first responder access to Centennial beach/Lake Michigan. WPD’s animal cage would have 10” double gates on the northern side of Centennial. On Centennial’s southern end, WPD designed two barely passable, stacked, single gates that form a 6’ long, 39” wide corridor in the lake east of the OHWM. WPD’s unsafe designs would unreasonably obstruct and interfere with ingress/egress to the adjacent public beach south of its animal cage. The cage would force first responders and other rescuers either into the lake through a yardstick wide corridor to try to reach emergency situations on the 20’ area south of the fencing and north of 205 Sheridan’s northern breakwater, or 77’3” past the OHWM into Lake Michigan to attempt to render aid to persons/dogs/boats/paddlers. The 2040 Futures Plan contemplates ADA access. For local governmental bodies such as WPD, compliance is mandatory. Despite this, WPD designed an ADA non-compliant beach corridor that is too narrow for a wheelchair to use, with an insufficient turning radius that would trap people and dogs inside the chain link fencing, possibly in the waters of Lake Michigan. This dangerous and unlawful design violates the Village Code as well as the 2040 Futures Plan, and cannot be recommended for approval. WPD misrepresents the permanent nature of its black chain-link fenced in animal cage extending along and well past its front lot line on the shores of Lake Michigan. The fencing would be permanent, with no time constraints or removal requirement. WPD claims its ADA-violating, public nuisance creating, Design Code abrogating, 39” wide, 6’ corridor will never be used for maintenance south of the black chain-link fencing. This is out of line with the realities of known debris that washes up from Lake Michigan, as well as boats that may crash into 205 Sheridan’s armored stone breakwaters, possibly stranding boaters/boats on a narrow 20’ strip of inaccessible public beach, or beyond. A 34’ long boat was stranded after encountering heavy waves at Lloyd in October 2025. WPD also recently described finding a large section of wide rubber pipe washed up onto the Elder-Centennial beach, which required removal efforts by both the Village and WPD. That belies WPD’s false statement that no maintenance will ever be required south of its unlawful black chain-link lakefront animal cage. 10.Cook County Animal Control (“CCAC”) has refused to evaluate WPD’s animal cage until after IDNR and USACE make their determinations, despite repeated entreaties not only from WPD, but also via email and phone calls from Orchard 2020 Trust’s attorneys. In 2024, CCAC Administrator Dr. Diakhate informed Shannon Nazzal that Centennial beach is a “dog friendly area.” Cook County does not require four-sided or any other specific fencing for Lake Michigan dogfriendly areas, WPD can produce no documentation supporting its specious claims. Page 141 of 547 11. The Village Code prohibits dog owners from allowing their pets to “run at large.” The IL Animal Control Act, 510 ILCS 5, 5/9, provides that: “A dog that is in a dog-friendly area or a dog park is NOT CONSIDERED TO BE RUNNING AT LARGE IF THE DOG IS MONITORED OR SUPERVISED BY A PERSON.” There is no lawful justification for WPD’s attempted usurpation of CCAC’s sole and exclusive Animal Control Act authority. WPD is deliberately misdefining what constitutes “running at large” in an effort to force the Village of Winnetka to violate the 2040 Futures Plan, its Design Standards, the Lakefront Preservation Ordinance, and the Village Code’s nuisance provisions. 12.CCAC regulations require fully enclosed four-sided fencing for “dog parks” on land. Even if the IL Animal Control Act were amended to exclude dog friendly areas from its definition of places where canines are NOT “running at large,” WPD’s two-sided fencing would be out of compliance with the rules. As WPD knows, CCAC’s Administrator lacks waiver authority for the four-sided fencing requirement. Please vote to deny recommending WPD’s grant of a SUP for its unlawful, specious and misleading fencing permit application. Best regards, Stephanie Tokarczyk Page 142 of 547 From: To: Ann Klaassen Cc: Subject: 1/28/26 Plan Commission meeting, WPD Centennial Fence SUP Date: Monday, January 26, 2026 5:24:08 PM Attachments: January2026CookCountyFOIAExcerpt.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ann: Would you please share this email dated 1/26/26 with the Plan Commission? The attached pdf consists of communications related to WPD’s ongoing efforts to leverage Cook County’s Animal Control Ordinance/Regulations to the advantage of certain interests. Cook County expresses disinterest in a matter outside of its jurisdiction: Lake Michigan- based, non-contiguous dog beach fencing extending across public lands and waters. As background, beginning in 2022-2023 (post-withdrawal of controversial lakefront joint permit designs featuring louvered steel walls) WPD began to claim Centennial dog beach was an unlawfully unfenced “dog park” that required four-sided contiguous fencing . . . despite its status as an on-leash Lake Michigan beach area for which Cook County requires no fencing at all. During the Plan Commission’s and ZBA’s 2024-2025 permit reviews, WPD shifted to calling Centennial dog beach a “dog friendly area” (“DFA”) requiring fencing despite the fact that the Cook County Code does not proscribe this for Lake Michigan DFAs. CCAC’s lack of interest in WPD’s scheme consisted of telling Ms. Nazzal that Centennial is a “DFA”—not subject to CCAC’s four-sided “dog park” fencing rules. Subsequent WPD permit applications and narratives in 2025 continue to misrepresent that Cook County requires “dog park” fencing at Centennial. All of this conflicts with WPD’s response to the Village in its final 8-4-25 Centennial Breakwater SUP (excerpt below) in which WPD acknowledges the Cook County Code fails to require fencing for dog beaches, spuriously suggesting that at some point in the future it might.* Page 143 of 547 Please do not recommend WPD’s untruthful, misleading fencing SUP for approval. Cook County’s Animal Control Ordinance does not require it. Veracity should be required for WPD, as it is for the Village’s homeowners, business owners, and our other units of local government. Thank you. Kris Schriesheim Winnetka taxpayer *ATTACHMENT: WPD’s Final 8-4-25 SUP application to the Village. Village staff’s question is: “Regarding the dog beach, are there any other applicable State, County, etc. regulations which the dog beach must comply (e.g. fencing requirements, leash requirements, etc.)? . . . WPD’s answer stating that there are not is as follows: “It was suggested that the Winnetka Park District submit for a waiver at this time until they address this matter at a future date for all dog parks that abut Lake Michigan. []” As a reminder, CCAC ordinance/regulations do not provide the Administrator with waiver authority. Page 144 of 547 Page 145 of 547 looking in to. Because Cook County does not issue a permit for this type of temporary set up and instead relies on the applicable provisions of the Cook County Animal and Rabies Control Ordinance and Regulation VIII. Dog Parks and Areas, we respectfully request clarification regarding the scope and substance of the County’s review. Specifically, it would be helpful to understand: 1. What statutory or administrative authority governs Cook County’s evaluation in circumstances such as this; 2. What criteria or standards you intends to apply once the other agencies have issued their determinations; 3. What documentation or findings Cook County requires in order to complete its review; and 4. Any prior instances, case examples, or determinations in which Cook County has applied this type of review process to an off-leash area, dog beach, or comparable recreational facility. As you can appreciate, we must provide our Board with a clear and accurate explanation of each agency’s jurisdictional role, review process, and the basis for any deferral. Receiving the above information will ensure that we are fully aligned with the County’s expectations and able to plan appropriately as the external reviews proceed. We will continue to keep Cook County informed as we receive updates from IDNR and USACE. Thank you in advance for your assistance in providing these clarifications. Shannon Q. Nazzal, CPRE (she / her) Executive Director Office: +1.847.501.2074 Email: snazzal@winpark.org Winnetka Park District | winpark.org From: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Sent: Monday, November 10, 2025 9:17 AM To: Shannon Nazzal <snazzal@winpark.org>; Costa Kutulas <CKutulas@winpark.org>; Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> Page 146 of 547 Page 147 of 547 Get Outlook for iOS From: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Sent: Thursday, November 6, 2025 9:54 AM To: Costa Kutulas <CKutulas@winpark.org>; Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> Cc: Shannon Nazzal <snazzal@winpark.org>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov> Subject: Re: Dog Beach Signage Good morning Costa, Thank you for reaching out. Please be advised that Cook County will complete its evaluation once determinations have been made by DNR and the Army Corps of Engineers. We trust that you will keep us informed on the permitting progress, and we remain available should you have any questions or need clarification in the meantime. Thank you, Megan Carolan, DVM Deputy Administrator Cook County Animal and Rabies Control Get Outlook for iOS From: Costa Kutulas <CKutulas@winpark.org> Sent: Thursday, October 23, 2025 11:03:49 AM To: Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> Cc: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov>; Shannon Nazzal <snazzal@winpark.org>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Rola-Podczaski (Animal Control) <Megan.Rola-Podczaski@cookcountyil.gov> Subject: Re: Dog Beach Signage External Message Disclaimer This message originated from an external source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Page 148 of 547 Good Morning Mamadou, I hope that you're doing well and enjoy the cooler weather. I wanted to check in regarding the status of CCDARC’s final determination. We are in the process of advancing the project’s design and permitting, and confirmation of compliance with the Cook County Department of Animal and Rabies Control requirements is an important step in that process. When you have a moment, could you please provide an update on the review or let us know if any additional information is needed to complete your determination? Thank you again for your time and assistance, we appreciate your help in keeping this moving forward. Regards, Costa Kutulas Director of Parks and Maintenance P: (847) 501-2052 E: ckutulas@winpark.org Winnetka Park District | winpark.org From: Costa Kutulas <CKutulas@winpark.org> Sent: Friday, October 17, 2025 11:42 AM To: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Cc: Shannon Nazzal <snazzal@winpark.org>; Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Rola-Podczaski (Animal Control) <Megan.Rola- Podczaski@cookcountyil.gov> Subject: Re: Dog Beach Signage Good Morning Megan, (and CCDARC Team), I wanted to follow up on our last Teams meeting from a few weeks ago. As I recall, it was my understanding that your team had all the materials needed to make a final determination regarding our request on whether our proposed Centennial Beach Fencing Plan meets the Cook County Department of Animal and Rabies Control regulations. We’re continuing to move forward with project permitting and would greatly appreciate confirmation that our proposed plan satisfies the CCDARC requirements. I also left a voicemail for you and Mark R., but I wanted to reach out via email as well to close Page 149 of 547 the loop. If someone from your team could please provide an update or an anticipated timeline for the final determination, I’d greatly appreciate it. Thank you for your time and effort on this matter. I look forward to hearing back from a member of your team soon. Regards, Costa Kutulas Director of Parks and Maintenance P: (847) 501-2052 E: ckutulas@winpark.org Winnetka Park District | winpark.org From: Costa Kutulas <CKutulas@winpark.org> Sent: Tuesday, September 30, 2025 12:29 PM To: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Cc: Shannon Nazzal <snazzal@winpark.org>; Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Rola-Podczaski (Animal Control) <Megan.Rola- Podczaski@cookcountyil.gov> Subject: Re: Dog Beach Signage Megan, I have some availability this afternoon between 1:00–2:00 PM. I realize that’s short notice, but let me know if that works for you. Otherwise, we can find a time later this week that’s more convenient. Thanks, Costa Kutulas Director of Parks and Maintenance P: (847) 501-2052 E: ckutulas@winpark.org Winnetka Park District | winpark.org From: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Sent: Monday, September 29, 2025 4:08 PM To: Costa Kutulas <CKutulas@winpark.org> Cc: Shannon Nazzal <snazzal@winpark.org>; Mamadou Diakhate (Animal Control) Page 150 of 547 This message originated from an external source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good Afternoon Megan, Thank you again for taking the time to speak with me this afternoon regarding the items noted in your earlier email exchange with Shannon. As we discussed, I appreciate your confirmation that no formal application has been submitted to CCDAC from the WPD regarding the Centennial Beach Dog Park. Rather, your comments were based on your review of the Park District’s signage and the Dog Beach Users submission to CCDAC, in response to the District’s request to ensure our proposed Temporary Dog Fencing Plan meets CCDAC requirements. Regarding the signage statement, “Check with your veterinarian before bringing a puppy under the age of four months to the park”, you noted that, in your opinion, the four-month reference could be reconsidered due to variations in vaccination schedules across breeders and veterinary offices. This is a point the Park District may want to consider in future planning. We'll keep that in mind as we move forward with your future planning for dog run sites. I believe this summarizes our conversation accurately, but please feel free to follow up if I’ve misunderstood or misstated anything. Thank you again for your time, and I hope you enjoy the rest of your evening. Best regards, Costa Kutulas Director of Parks and Maintenance P: (847) 501-2052 E: ckutulas@winpark.org Winnetka Park District | winpark.org From: Shannon Nazzal <snazzal@winpark.org> Sent: Monday, August 18, 2025 10:19 AM To: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Cc: Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Rola-Podczaski (Animal Control) <Megan.Rola-Podczaski@cookcountyil.gov>; Costa Kutulas <CKutulas@winpark.org> Subject: Re: Dog Beach Signage Ms. Carolan, Page 151 of 547 Thank you for the email. Is the requirement from Cook County to remove that line on proposed signage? I'm also curious about it being considered an application review as we didn't submit an application per say, but a request for review. Is it now considered an application for approval or permit? Thank you for any clarification you can offer. Shannon Q. Nazzal, CPRE (she / her) Executive Director Office: +1.847.501.2074 Email: snazzal@winpark.org Winnetka Park District | winpark.org From: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Sent: Monday, August 18, 2025 9:59 AM To: Shannon Nazzal <snazzal@winpark.org> Cc: Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Rola-Podczaski (Animal Control) <Megan.Rola-Podczaski@cookcountyil.gov> Subject: Dog Beach Signage Good morning Shannon, Our department is reviewing the Centennial Dog Beach application, and we wanted to check in regarding one point on the suggested signage- "Check with your veterinarian before bringing a puppy under the age of four months to the park." Puppies are generally not considered fully vaccinated until they reach four months of age. Verifying the pet's vaccination status via the application process would probably be more suitable than this statement. Page 152 of 547 Page 153 of 547 Page 154 of 547 Executive Director Get Outlook for iOS From: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Sent: Thursday, November 6, 2025 9:54 AM To: Costa Kutulas <CKutulas@winpark.org>; Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> Cc: Shannon Nazzal <snazzal@winpark.org>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov> Subject: Re: Dog Beach Signage Good morning Costa, Thank you for reaching out. Please be advised that Cook County will complete its evaluation once determinations have been made by DNR and the Army Corps of Engineers. We trust that you will keep us informed on the permitting progress, and we remain available should you have any questions or need clarification in the meantime. Thank you, Megan Carolan, DVM Deputy Administrator Cook County Animal and Rabies Control Get Outlook for iOS From: Costa Kutulas <CKutulas@winpark.org> Sent: Thursday, October 23, 2025 11:03:49 AM To: Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> Cc: Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov>; Shannon Nazzal <snazzal@winpark.org>; Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Rola-Podczaski (Animal Control) <Megan.Rola-Podczaski@cookcountyil.gov> Subject: Re: Dog Beach Signage External Message Disclaimer This message originated from an external source. Please use proper judgment and Page 155 of 547 Page 156 of 547 Cc: Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Megan Carolan (Animal Control) <Megan.Carolan@cookcountyil.gov> Subject: RE: Winnetka Park Dristrict Dog Beach External Message Disclaimer This message originated from an external source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dr. Diakhate: I was wondering if there was any updated information about the Winnetka Park District's attempts to authorize a off-leash dog park that lacks the "contiguous" fencing required by regulations. I am attaching a letter from the Park District to the Village of Winnetka, it which the District asserts that they "anticipate confirmation of [CCARC] review soon." (page 1, paragraph 5) While I am uncertain what to make of this statement, I would like to ask, once again, what the published process and/or rules are for your department to grant variations or waivers of the regulations, and how public participation/comment in such a waiver is allowed. As I previously stated, I can find no regulations or guidance, or, in fact, any authority, that would allow any variation to the fencing requirement in the regulation. Thank you for your assistance. Ted Wynnychenko > -----Original Message----- > From: Mamadou Diakhate (Animal Control) > [mailto:Mamadou.Diakhate@cookcountyil.gov] > Sent: Monday, September 22, 2025 1:00 PM > To: t > Cc: Mark Rosenthal (Animal Control); Megan Carolan (Animal Control) > Subject: Re: Winnetka Park Dristrict Dog Beach > > Dear Mr. Wynnychenko, > > I am in receipt of your email, and I am grateful that you reach out to my > department for information. > > The Winnetka Park District has submitted plans for a dog park and Cook County Page 157 of 547 > Animal & Rabies Control is still evaluating it. > > Should more information become available, I would be happy to share them. > > Sincerely, > > > Mamadou Diakhate, D.V.M. > Administrator > Cook County Animal and Rabies Control > P: 708-974-6147 / M: 773-965-5852 > mamadou.diakhate@cookcountyil.gov > > www.cookcountyil.gov <http://www.cookcountyil.gov/> > ________________________________ > > From: Ted Wynnychenko > > Sent: Saturday, September 20, 2025 8:01 AM > To: Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> > Cc: Mark Rosenthal (Animal Control) <Mark.Rosenthal@cookcountyil.gov>; Natalia > Derevyanny (Bureau of Administration) <Natalia.Derevyanny@cookcountyil.gov> > Subject: RE: Winnetka Park Dristrict Dog Beach > > > External Message Disclaimer > > This message originated from an external source. Please use proper judgment > and caution when opening attachments, clicking links, or responding to this > email. > > Dr. Diakhate: > > I would appreciate an acknowledgement that my prior email message was > received, and, if possible, any information on how your Department will > consider variations from published regulations and your Department's > authority to effect such variations on a case-by-case basis. > > Thank you > Ted Wynnychenko > > > -----Original Message----- > > From: Ted Wynnychenko > > Sent: Monday, September 15, 2025 6:34 PM Page 158 of 547 > > To: 'Mamadou Diakhate (Animal Control)' > > Subject: Winnetka Park Dristrict Dog Beach >> > > Dr. Diakhate: >> > > I previously contacted your office to ask whether an incompletely fenced > > area could be considered an off-leash dog park by your Department. >> > > I have attached a copy of my letter and your response from > > October-November 2024. >> > > I have now been led to believe that your Department is "considering" a > > request from the Winnetka Park District to approve an incompletely fenced > > area as acceptable, under your published regulations, as an off-leash dog > > park.\ >> > > If my belief is incorrect, I am sorry for troubling you. >> > > However, if your Department is considering "approving" any incompletely > > fenced area as allowable under Regulation VIII, despite the clear and > > unambiguous language of the regulation which demands that an off-leash dog > > park be "completely enclosed by ... a fence," then I request that you > > provide answers to the questions I posed in 2024, as I am not aware of any > > published process for the granting of any "waiver" to the requirements of > > Regulation VIII. >> > > Furthermore, I would appreciate being advised on how the public will be > > permitted to comment on any requests for waivers that may be submitted to > > your Department. >> > > Thank you for your assistance. >> > > Ted Wynnychenko Page 159 of 547 From: Mamadou Diakhate (Animal Control) To: Scott Britton (Board of Commissioners) Cc: Allison Davidson (Bureau of Administration); Alexis Jenkins (Bureau of Administration); Zahra Ali (Bureau of Administration) Subject: Re: Centennial Dog Beach Follow Up Date: Thursday, November 6, 2025 10:53:16 AM Attachments: Outlook-Cook Color.png Outlook-4vqbdcah.png Outlook-ngp314wa.png Outlook-3rlfqp2b.png Outlook-n3wxlqse.png Dear Commissioner Britton, Thank you for reaching out to ARC, your continuous support is dearly appreciated. Animal and Rabies Control has decided not to issue any decision until Illinois Department of Natural Resources and Army Corps of Engineers have given approval, as they will be looking at whether the plans provide sufficient access to the water under the law. Assuming they approve, the plan appears to meet the requirements of our regulations, but BOA is still reviewing the legalities. Should you have further questions, feel free to reach out to our BOA Senior Legal Counsel Allison Davidson here copied. Sincerely, Mamadou Diakhate, D.V.M. Administrator Cook County Animal and Rabies Control P: 708-974-6147 / M: 773-965-5852 mamadou.diakhate@cookcountyil.gov www.cookcountyil.gov From: Scott Britton (Board of Commissioners) <Scott.Britton@cookcountyil.gov> Sent: Wednesday, November 5, 2025 10:41 AM To: Mamadou Diakhate (Animal Control) <Mamadou.Diakhate@cookcountyil.gov> Subject: Centennial Dog Beach Follow Up Dear Administrator Diakhate, Thank you for your thoughtful compliance review of Winnetka Park District’s plan for a Page 160 of 547 special use permit for an off-leash dog beach at Centennial Park. I understand that a review by the Cook County Animal and Rabies Control (CCARC) has been completed and is now under review by the Bureau of Administration. Would it be possible to view the preliminary findings? With gratitude, Commissioner Britton -- Scott Britton Commissioner | 14th District (O): (312) 603-4932 | (F): (312)603-3686 www.CommissionerScottBritton.com Sign up for my newsletter! Page 161 of 547 Page 162 of 547 To Village of Winnetka Plan Commission From: The Cacciatore Family @ 140 Sheridan Rd Re: Winnetka Park District Centennial Fence SUP Application Violates Design Standards, Con icts with the 2040 Futures Plan, Misrepresents Facts and the Law Date: January 26, 2026 Please vote against recommending the Winnetka Park District’s (“WPD”) Village Code- violating, SUP standard breaching, unlawful and 2040 Futures Plan-indifferent permanent fencing permit application. 1. VOW Design Standards prohibit chain-link fencing. WPD’s proposed black chain- link animal cage on the shores of Lake Michigan would violate this prohibition. It cannot be recommended to the Village Council. 2. VOW 2040 Futures Plan promotes open space and the preservation of Winnetka’s graceful character, neighborhood design standards, and the environment. WPD’s SUP application clearly violates all of these tenets. There is no standalone black chain link fencing along any neighboring Centennial Park property owner’s lakefront front lot line, nor along any Sheridan Road front lawn. There is no standalone chain link fencing in the neighborhood that extends into Lake Michigan. WPD’s SUP permit application cannot be recommended to the Village Council. 3. When the Village approved WPD’s 2001 Elder Lane and Beach SUP application, it required WPD to install Code-compliant non-chain link fencing. Despite this, WPD seeks to install Code non-compliant, design standard violating, 2040 Futures Plan -inconsistent chain link fencing on Centennial beach. 4. WPD’s proposed black chain link animal cage is not minimally necessary nor consistent with Code Section 15.78.010. WPD’s fencing is designed to stretch106’ from the toe of the bluffs into Lake Michigan on the north, and 93’3” into Lake Michigan to the south. The fencing extends 72 feet beyond the OHWM--WPD’s front lot line—on the north, and 77’3” beyond WPD’s front lot line to the south. Fencing that extends beyond a property owner’s front lot line is prohibited. 5. The Village Code prohibits nuisances, which it de nes as fencing or other barriers that would extend into the public way, including Lake Michigan and its submerged lands. 6. Village Code Section 15.78.080 prohibits the creation of nuisances, such as fencing that would create Public Safety Hazards, including by impairing police Page 163 of 547 fi fl and other rst responder access to Centennial beach/Lake Michigan. WPD’s animal cage would have 10” double gates on the northern side of Centennial. On Centennial’s southern end, WPD designed two barely passable, stacked, single gates that form a 6’ long, 39” wide corridor in the lake east of the OHWM. WPD’s unsafe designs would unreasonably obstruct and interfere with ingress/egress to the adjacent public beach south of its animal cage. The cage would force rst responders and other rescuers either into the lake through a yardstick wide corridor to try to reach emergency situations on the 20’ area south of the fencing and north of 205 Sheridan’s northern breakwater, or 77’3” past the OHWM into Lake Michigan to attempt to render aid to persons/dogs/boats/paddlers. 7. The 2040 Futures Plan contemplates ADA access. For local governmental bodies such as WPD, compliance is mandatory. Despite this, WPD designed an ADA non-compliant beach corridor that is too narrow for a wheelchair to use, with an insuf cient turning radius that would trap people and dogs inside the chain link fencing, possibly in the waters of Lake Michigan. This dangerous and unlawful design violates the Village Code as well as the 2040 Futures Plan, and cannot be recommended for approval. 8. WPD misrepresents the permanent nature of its black chain-link fenced in animal cage extending along and well past its front lot line on the shores of Lake Michigan. The fencing would be permanent, with no time constraints or removal requirement. 9. WPD claims its ADA-violating, public nuisance creating, Design Code abrogating, 39” wide, 6’ corridor will never be used for maintenance south of the black chain- link fencing. This is out of line with the realities of known debris that washes up from Lake Michigan, as well as boats that may crash into 205 Sheridan’s armored stone breakwaters, possibly stranding boaters/boats on a narrow 20’ strip of inaccessible public beach, or beyond. A 34’ long boat was stranded after encountering heavy waves at Lloyd in October 2025. WPD also recently described nding a large section of wide rubber pipe washed up onto the Elder- Centennial beach, which required removal efforts by both the Village and WPD. That belies WPD’s false statement that no maintenance will ever be required south of its unlawful black chain-link lakefront animal cage. 10. Cook County Animal Control (“CCAC”) has refused to evaluate WPD’s animal cage until after IDNR and USACE make their determinations, despite repeated entreaties not only from WPD, but also via email and phone calls from Orchard 2020 Trust’s attorneys. In 2024, CCAC Administrator Dr. Diakhate informed Shannon Nazzal that Centennial beach is a “dog friendly area.” Cook County does not require four-sided or any other speci c fencing for Lake Michigan dog Page 164 of 547 fi fi fi fi fi friendly areas, WPD can produce no documentation supporting its specious claims. 11. The Village Code prohibits dog owners from allowing their pets to “run at large.” The IL Animal Control Act, 510 ILCS 5, 5/9, provides that: “A dog that is in a dog- friendly area or a dog park is NOT CONSIDERED TO BE RUNNING AT LARGE IF THE DOG IS MONITORED OR SUPERVISED BY A PERSON.” There is no lawful justi cation for WPD’s attempted usurpation of CCAC’s sole and exclusive Animal Control Act authority. WPD is deliberately misde ning what constitutes “running at large” in an effort to force the Village of Winnetka to violate the 2040 Futures Plan, its Design Standards, the Lakefront Preservation Ordinance, and the Village Code’s nuisance provisions. 12. CCAC regulations require fully enclosed four-sided fencing for “dog parks” on land. Even if the IL Animal Control Act were amended to exclude dog friendly areas from its de nition of places where canines are NOT “running at large,” WPD’s two-sided fencing would be out of compliance with the rules. As WPD knows, CCAC’s Administrator lacks waiver authority for the four-sided fencing requirement. Please vote to deny recommending WPD’s grant of a SUP for its unlawful, specious and misleading fencing permit application. Page 165 of 547 fi fi fi Centennial Beach Temporary Dog Beach Fence January 28, 2026 To: Members of the Village of Winnetka Plan Commission The Winnetka Park District (WPD) is requesting a special use permit (SUP) for a chain link fence on the Centennial Park Beach. Currently, the purpose of this Beach is mainly a dog beach. The WPD is planning major restrictions for this Beach. The Beach belongs to all the people for the enjoyment of each and everyone who desire to walk, run, or just spend time gazing at the beauty of the Centennial Beach. The WPD is absolutely ignoring the people’s rights, which is not a smart action for a Park District. Winnetka Park District’s duty is to listen to all citizens and not a select group with special requests. The WPD is requesting a permit for a fence which will flat outright stop this Beach being in compliance with what it is meant to be - by law - in the State of Illinois, a Beach for public use. The WPD is not obeying an existing law in the State of Illinois. A fence, temporary or permanent, is defying the law. (615 ILCS 5/27). The proposed fence is a safety hazard, as it extends into Lake Michigan near extremely large boulders in the water. The proposed fence, next to the huge boulders that exist in the waters, is an accident waiting to happen when the water is wavy or when a person, dog or boater is in distress. Fencing extending into the water is hinderance to safety. Safety must be a top priority for our Village. The WPD request for a SUP clearly defies (615 ILCS 5/27). The Beach is for the public. This Beach is not to be blocked from the public. The Beaches are for all citizens and not for one citizen or entity. The biggest violation for the Winnetka Park District, aside from the public’s rights by law, to enjoy all beaches, is the creation of an unnecessary safety hazard. This proposal defies the safety standards that the elected officials on the Winnetka Park Board are ignoring. This proposal is NOT safe for the public, for a paddle boarder, for the boaters, or anyone enjoying Lake Michigan. The fence is definitely unsightly, creates an unnecessary hazard, and without a doubt goes against the high standards and principles that have always been a top priority for the elected commissioners and the staff at the Winnetka Park District. Please review this SUP knowing there are many stumbling blocks ahead. People’s rights to walk this Beach are violated, and the proposed fencing is a major safety issue. Any design for a proposed fence on Centennial Beach is a safety hazard, is costly, is unsightly and is a violation of the rights of our citizens. I request that the Plan Commission of the Village of Winnetka, deny the requested special use permit (SUP) for any type of fence on the Beach and waters at Centennial Park. Thank you for your dedication to our Village, Mary Garrison Past President of the WPD Board of Commissioners Past Member, Plan Commission Page 166 of 547 Page 167 of 547 WPD designed two barely passable, stacked, single gates that form a 6’ long, 39” wide corridor in the lake east of the OHWM. WPD’s unsafe designs would unreasonably obstruct and interfere with ingress/egress to the adjacent public beach south of its animal cage. The cage would force first responders and other rescuers either into the lake through a yardstick wide corridor to try to reach emergency situations on the 20’ area south of the fencing and north of 205 Sheridan’s northern breakwater, or 77’3” past the OHWM into Lake Michigan to attempt to render aid to persons/dogs/boats/paddlers. 7. The 2040 Futures Plan contemplates ADA access. For local governmental bodies such as WPD, compliance is mandatory. Despite this, WPD designed an ADA non-compliant beach corridor that is too narrow for a wheelchair to use, with an insufficient turning radius that would trap people and dogs inside the chain link fencing, possibly in the waters of Lake Michigan. This dangerous and unlawful design violates the Village Code as well as the 2040 Futures Plan, and cannot be recommended for approval. 8. WPD misrepresents the permanent nature of its black chain-link fenced in animal cage extending along and well past its front lot line on the shores of Lake Michigan. The fencing would be permanent, with no time constraints or removal requirement. 9. WPD claims its ADA-violating, public nuisance creating, Design Code abrogating, 39” wide, 6’ corridor will never be used for maintenance south of the black chain-link fencing. This is out of line with the realities of known debris that washes up from Lake Michigan, as well as boats that may crash into 205 Sheridan’s armored stone breakwaters, possibly stranding boaters/boats on a narrow 20’ strip of inaccessible public beach, or beyond. A 34’ long boat was stranded after encountering heavy waves at Lloyd in October 2025. WPD also recently described finding a large section of wide rubber pipe washed up onto the Elder-Centennial beach, which required removal efforts by both the Village and WPD. That belies WPD’s false statement that no maintenance will ever be required south of its unlawful black chain-link lakefront animal cage. 10. Cook County Animal Control (“CCAC”) has refused to evaluate WPD’s animal cage until after IDNR and USACE make their determinations, despite repeated entreaties not only from WPD, but also via email and phone calls from Orchard 2020 Trust’s attorneys. In 2024, CCAC Administrator Dr. Diakhate informed Shannon Nazzal that Centennial beach is a “dog friendly area.” Cook County does not require four-sided or any other specific fencing for Lake Michigan dog friendly areas, WPD can produce no documentation supporting its specious claims. 11. The Village Code prohibits dog owners from allowing their pets to “run at large.” The IL Animal Control Act, 510 ILCS 5, 5/9, provides that: “A dog that is in a dog-friendly area or a dog park is NOT CONSIDERED TO BE RUNNING AT LARGE IF THE DOG IS MONITORED OR SUPERVISED BY A PERSON.” There is no lawful justification for WPD’s attempted usurpation of CCAC’s sole and exclusive Animal Control Act authority. WPD is deliberately misdefining what constitutes “running at large” in an effort to force the Village of Winnetka to violate the 2040 Futures Plan, its Design Standards, the Lakefront Preservation Ordinance, and the Village Code’s nuisance provisions. 12. CCAC regulations require fully enclosed four-sided fencing for “dog parks” on land. Even if the IL Animal Control Act were amended to exclude dog friendly areas from its definition of places where canines are NOT “running at large,” WPD’s two-sided fencing would be out of compliance with the rules. As WPD knows, CCAC’s Administrator lacks waiver authority for the four-sided fencing requirement. Page 168 of 547 Please vote to deny recommending WPD’s grant of a SUP for its unlawful, specious and misleading fencing permit application. Thank you, Laura Sorensen 173 Fuller Lane Winnetka Page 169 of 547 From: To: Ann Klaassen Subject: Fencing dog beach Date: Tuesday, January 27, 2026 7:00:15 AM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ann, I’m currently not able to attend the meeting Thursday and would like my letter read at this weeks meeting. I’ve been a Winnetka resident for most of my life, and have spent a portion of that time living on Sheridan enjoying the privilege of seeing the majestic Lake Michigan during all 4 seasons . Our family uses the beaches often, including Centennial and find this proposal for a chain link fence to be unnecessary , dangerous, improper use of funds and catering to one wealthy individual who has never lived in Winnetka . The park district should represent the village, not one individual and what a shame to ruin the view and potentially cause harm in our most important resource . Lake Michigan cannot be tamed by an ugly chain link fence. Please listen. Thank you, Iretta Brennan Sent from my iPhone Page 170 of 547 Page 171 of 547 January 27, 2026 To the Winnetka Village Planning Commission, I strongly disapprove of the Winnetka Park District’s application to install two chain link fences into Lake Michigan at Centennial Park. The fences present a great danger to swimmers, boaters, and dogs. Such an installation completely ignores the Doctrine of Public Trust. This is nothing more than a backdoor attempt on spurious grounds for de facto approval of the Winnetka Park District’s Master Plan! Therefore, please deny the Park District’s request for a Special Use Permit! Most sincerely, Carol Rasmus 175 Sheridan Road Winnetka, IL 60093 Page 172 of 547 Page 173 of 547 Page 174 of 547 Page 175 of 547 Page 176 of 547 Page 177 of 547 Page 178 of 547 My name is Angie Dahl. I have been a resident of Winnetka for over 40 years. During that time I served as President of the Winnetka Park District as well as a member of several Village advisory boards. Historically, the Winnetka shoreline was beautiful and accessible—you could walk, swim, kayak, and paddleboard unimpeded from Glencoe to Kenilworth. The water and sand levels fluctuated naturally, as they should. However, in the past 25 years, that same stretch has become dangerous and in some places impassable. Massive rock walls have been erected which hinder safe passage, exacerbate bluff destruction, and cause unchecked ecosystem damage. These changes were made under IDNR and Army Corps oversight, or the lack thereof. I do not hesitate to say that saying that something has been approved by the IDNR is not a positive. Until quite recently the Village of Winnetka mistakenly believed that it had no control or standing to protect the beaches and the bluffs. However, when the public recently went to the IDNR to express concerns and request clarification on several lakefront matters, the response from Jim Casey was that the Village of Winnetka could have denied all of it as they have final jurisdiction over the lakefront. It was shocking to learn that all of the other north shore communities had been exercising this control for years making Winnetka a magnet for over-building along the beach and lack of adherence to the public trust doctrine. Although there are countless pictures to show what has happened to the formerly pristine beaches along the Winnetka shoreline, I share with you two pictures directly related to the special use permit you are considering now: a huge chain link fence in front of an already massive stone structure which totally obstructs the previously priceless view of the shoreline all the way to Evanston and creates a significant safety hazard. You continue to hear from the large amount of letters sent to you and through the turnout of residents protesting the Elder Centennial plan. One of the biggest complaints from them, your own board and the Zoning board, was about the fence and disregard for the safety of the public. Now the WPD is asking you to ignore all of that and approve the fence without seeing the rest of what they plan to do to our beaches. What do Winnetka residents want? Residents want access to their lakefront and the ability to walk along it's beautiful shores. Residents of Winnetka want their voices to be heard as they continuously and strongly object to the desecration of the lakefront ~ a design and changes, including this fencing which only became an issue due to recent interactions between former Winnetka Park District board members and officials and a singular property owner. Winnetka deserves so much better than this and it is imperative the Plan Commission deny this request. Page 179 of 547 Page 180 of 547 From: To: Ann Klaassen Subject: January 26, 2026 Date: Wednesday, January 28, 2026 9:00:34 PM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. January 28, 2026 Re: Special Use Permit for Dog Fence Plan Commissioners: Thank you for your attention to this matter. The plans for the off-leash dog beach, submitted as part of tonight’s agenda packet are vague and therefore misleading. The drawings fail to inform the plan committee and the public of the breakwater now existing at the north boundary of 205 Sheridan (South Centennial boundary) or highlight the existing sheet pile. Furthermore the fence elevations are not presented in the context. Had the sheet pile and the breakwater been boldly drawn, the benign looking gap between the thin line representing the fence and the property line of 205 Sheridan Rd. would seem entirely hazardous and redundant. The proposed fence is 93 ft. 3in. long from the toe of the bluff to its eastern terminus in Lake Michigan. It runs into the lake at a distance of about 15 ft. from the ordinary water line, but that stretch would increase to 40 plus ft. should the lake rise to the high water mark. At best, the proposed 20 ft. gap will be an unsightly debris collector and at worst it would be a trap endangering the lives of people and dogs that might get stuck and battered between jagged rocks, a corroded sheet pile and an ungiving fence. Yes, the lake can get choppy and wavy. The need to provide a fence when there is already a pile of rocks at that property line is questionable. Dogs aren’t likely to pick their way over rocks in favor of running and playing on the beach. Drawings are a powerful tool of communication. They should be comprehensive and describe adjacency. In this case they fail to do so. Therefore, please deny this Special Use Permit. Joanna Karatzas Winnetka Resident Sent from my iPhone Page 181 of 547 Page 182 of 547 From: To: Ann Klaassen Cc: Subject: SUP Condition One: Protecting the Public"s General Welfare Date: Monday, February 2, 2026 9:48:14 AM Attachments: 84873FB4-55E3-4619-B884-F87243E1E88A.png 5D0B060A-04EE-493E-994C-7ACE4E0C34A5.png 5FF65C27-B208-4173-9487-781E85A6832A.png 01F18412-4280-40C5-B55E-0209643B9AEC.png BEEB76DD-1FC7-4F2D-8ECE-D5B846ECEB0A.png 7F94034E-27D5-4836-8CB3-A4E6B1D16190.png 261 Sheridan Property Exchange - Path Forward(5) copy.pdf AnonymousDonorHemmingsRomanoff.pdf Final Signed Donation Agreement.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ann: Would you please share this email with ZBA for its 2/9/26 meeting? Thank you. To: Village of Winnetka Zoning Board of Appeals Winnetka Park District’s (“WPD”) Centennial fencing application does not meet the Village’s conditions for granting a Special Use Permit (“SUP”) because it violates Village Zoning Code Section 17.56.010 Condition One: that the special use not be detrimental to or endanger the public’s general welfare. Embarking on a massive project with no cost caps or inflation factors, including a dog beach fencing project initiated for spurious reasons, would be detrimental to the public's general welfare. Unusually generous indemnification provisions, egregiously one-sided terms, and a framework more closely resembling a privately-oriented control agreement than a donation would endanger the public's general welfare for over fifty years. While benefitting the park’s neighbor, Centennial Park’s diminution would permanently harm the public. It is contrary to the public’s general welfare and against the public interest to benefit a private landowner at Winnetka residents’ expense. CENTENNIAL PROJECT’S PRIVATE ORIENTATION AND FINANCIAL BURDEN IS DETRIMENTAL TO THE PUBLIC’S GENERAL WELFARE WPD’s 2020 Exchange Agreement and 2024 Donation Agreement with Restrictive Covenant (the “Agreements”) impose significant burdens upon 12,400 Winnetkans. WPD’s fencing SUP is part of the scheme. This violates Village Code Section 17.56.010 SUP Condition One, which states that a SUP may not operate to the public’s detriment. 1. WPD’s 8/27/25 Zoom meeting with IDNR and USACE was primarily focused on advancing its swap agreement and breakwater projects. WPD’s discussion of this dog beach fencing can only be understood as a next-step in achieving WPD’s property exchange, as well as launching WPD’s $15,588,815 Elder-Centennial plan—the cost estimates for which contain neither an inflation factor nor caps. It is against the public interest to recommend granting a SUP for this plan. https://winparkdistrict- my.sharepoint.com/:u:/g/personal/snazzal_winpark_org/Ea_fE4tEGE5DkrL6Voe0ikABGWtk0Ku6xS2ju5VEu5ZJOA Page 183 of 547 2. ZBA Commissioners should know that in 2020 WPD issued $9 million in G.O. Bonds to finance its lakefront projects—after which the Exchange Agreement fell apart. WPD has not drawn down the 2020 G.O. bonds’ remaining balance and had to make a $258,653.02 bond arbitrage rebate payment to the U.S. Treasury in 2025. According to Commissioner David Seaman, WPD cannot issue more debt without going to referendum, which WPD refuses to do because the public will not approve it. The lack of public support dates back to 2014-2015. WPD’s 2030 Lakefront Master Plan is speciously based on a statistically invalid survey that tallied only 37 votes in support of acquiring 261 Sheridan. This raises further suspicions about WPD’s fencing SUP and what is behind its effort to build barriers across public lands and waters. Page 184 of 547 3. Over the past several years WPD has been levying taxes at the maximum rate, plus a surtax related to separately issued 2014 debt. Unlike other park districts, WPD has declined to adjust the tax rate downward when Cook County’s Equalized Assessed Values skyrocket. WPD has run up at least $2.3 million in fees related to the Elder- Centennial project. Its repulsion of an anonymous donor’s $3 million minimum donation offer in 2023-2024—based on an exaggerated fear of litigation, which WPD elevated above the public’s interest in saving Centennial Park— brings out-of-pocket and economic costs up to nearly $6 million. WPD’s lack of desire to contain the project’s costs and to protect Centennial Park will continue until WPD’s plans are voted down—at ZBA, at the Design Review Board, and ultimately at the Village Council. Page 185 of 547 4. Donation Agreement Paragraph 4 contemplates payment of the $3 million in two parts: $1 million when a notice to proceed to construction is issued, and $2 million within 30 days of the project’s completion. Despite this, WPD included the entire conditional $3 million payment as revenue in its 2024, 2025 and 2026 budgets. At best, it should have been included as a footnote. Page 186 of 547 Illinois Office of the Comptroller-WPD Delinquency Report 5. The Agreements contemplate issuing charitable deduction letters. The Exchange Agreement relies Page 187 of 547 upon coordinated appraisals that are outdated. The target value of the Exchange Agreement’s charitable deduction letter is the figure that carried over into 2024’s Donation Agreement and Restrictive Covenant. In either case, WPD’s issuance of a charitable deduction letter for $3 million would almost certainly be regarded by tax authorities as a “quid pro quo.” The offsetting value of getting adjacent parkland that would increase 205 Sheridan’s value while keeping the public further at bay, and/or the value of a fifty year restrictive covenant over “Project Elements” spanning North-South and East-West across a neighboring 5.3 acre public park and lakebed, could exceed $3 million. These values have not been appraised, which is detrimental to the public’s general welfare. Exchange Agreement WPD seems to discuss coordinating appraisal values to arrive at the desired charitable deduction. “The Appraisal Problem” 261 Sheridan was acquired in an off-the-market transaction Page 188 of 547 Appraisals appear to be coordinated Broader Issue of Concern: WPD suggests moving conversations to phone calls and WhatsApp Page 189 of 547 6. WPD’s civil design engineer estimated the useful life of WPD’s proposed Centennial breakwater at 20 years, see winpark.org. USACE estimates the typical armored stone breakwater’s useful life at 25 years. The Donation Agreement and Restrictive Covenant impose maintenance obligations upon taxpayers for 50 years—including Centennial’s armored stone breakwater, which will be subject to shoreline conditions and Lake Michigan storms for twice as long as its useful life. WPD’s open-ended maintenance obligations beyond the Project Elements’ useful lives impose unreasonable burdens that benefit a private landowner. They are detrimental to the public’s general welfare. 7. WPD-IFF’s Donation Agreement with Restrictive Covenant fails to define an essential term: Force Majeure: Page 190 of 547 WPD’s 2025 agreement with the Damico Family Foundation defines Force Majeure Events for a playfield scoreboard. WPD’s Stormwater IGA with the Village also defines force majeure: Page 191 of 547 WPD’s 2024 agreement with IFF leaves an entire universe of taxpayer-borne expenses wide open, imposing maintenance, repair and replacement costs related to Project Elements, including the stone breakwater if it is damaged other than by some undefined Force Majeure Event. The omission benefits IFF. It is detrimental to the public’s general welfare. 8. The Donation Agreement with Restrictive Covenant has other objectionable language as well, such as unusually broad taxpayer indemnifications to the benefit of a private landowner for half a century. Nonspecific tax indemnification language does not exclude increased property taxes. Inadequate non-reciprocal insurance coverage language also exists. Indemnification Concerns (a) IFF Has Approval Authority Over WPD Counsel (b) Conditions Do Not Have An Expiration Date WPD Appraisal Process Activity Could Result in Tax Liability. Potential State or Local Tax Liability is Not Carved Out from Indemnification and Hold Harmless Language. Page 192 of 547 9. The Restrictive Covenant contains a $3 million liquidated damages clause— a huge potential liability. It explicitly permits IFF to file a specific performance claim and to receive WPD’s general ledger of project expenses. Additionally, WPD agrees to retain its project-related records for at least seven years. These terms are more characteristic of a control agreement than a donation. The Restrictive Covenant gives the payor rights to have an arbiter—former WPD Executive Director John Peterson, who was intimately involved in the Agreements—determine if the five defined Project Elements satisfy IFF’s expectations for half a century. This time period is measured not from the date of the agreement, but after Centennial's "grand opening." If IFF raises questions about the Project Elements’ conformance to agreed upon designs, current and future taxpayers would have to pay half of the costs for employing “design experts” over the course of 50 years. This burden is unreasonable. It ties future boards’ hands and prevents community members’ input into flexible, alternative designs and future uses of Centennial Park—again, a matter of significant public interest because it is more consistent with a control agreement that benefits private interests than a donation. 10. Beginning in 2025 WPD began to discuss financial pressures publicly, ascribing them to increased salaries relative to its revenue streams. It had already proposed adjustments to and increases in fees and program costs. WPD also moved money between various funds. Because that was not enough to address WPD’s financial challenges, in January 2026 WPD voted 5-2 to begin advertising more of its parks as rental space-athletic facilities. This changes WPD’s existing Policy Manual, which had listed only the four rentable categories that we are familiar with: Page 193 of 547 Say goodbye to our tranquil neighborhood parks. WPD’s next step may be selling off more public parkland, which WPD has already done under guise of labeling certain parks “underperforming assets.” WPD forced the Winnetka-Northfield Library District’s purchase of Library Park to pay for its Elder-Centennial plans. WPD threatened to sell this so-called “underperforming asset” to a real estate developer, mentioning its zoning influence with the Village. Winnetka Caucus Council survey results confirm that the public broadly opposes getting rid of parkland.  All of this violates SUP Condition One’s prohibition against issuing a permit to the detriment of the public’s general welfare. Excerpts from WNPLD's forced purchase presentation are attached at bottom. CONCLUSION: WPD’s Centennial fencing project is an overall disaster in the making. This is a matter of great public interest. Please protect our welfare and decline to recommend WPD’s permit application for approval. Thank you. Kristine Schriesheim Winnetka taxpayer Page 194 of 547 Sent: 5/24/2021 12:00:00 AM From: David Seaman <DSeaman@winpark.org To: "John Peterson" Cc: Bcc: Importance: Normal Subject: 261 Sheridan Property Exchange - Path Forward John, As discussed. I'll be sending this each Commissioner later today. I would like to enter into record/discuss at next Board meeting. Thank you, David Director Peterson, Board President Archambault and fellow Commissioners, I respectfully request the Board reconsider the decision to pursue litigation after the 10-day notice of default has expired with Orchard 2020 in order to force performance of terms in the Property Exchange. My request for reconsideration is based upon the following: 1. Considerable Litigation "Unknown Knowns" a. Unknown knowns = things you think you know but later you determine you didn’t know. There are many unknown knowns in litigation. b. It is unclear what legal and non-legal consequences WPD Staff and Board are underwriting by pursuing litigation against Orchard 2020. c. A “good” or “strong” case does not equate to an “easy” , “inexpensive” , or “right” case. d. It will be very difficult to turn back after initiating litigation, this is the inertia of litigation. 2. Legal Services Expense a. In 2016 WPD spent approximately 25k for legal services, in 2020 nearly 100k, and in March of 2021 alone (billed in April) $21k in legal services. April/May? b. It is logical to conclude that litigation will be an expensive endeavor. 250k? 500k? c. Orchard 2020 is an extremely well-resourced entity which could lead to a very long litigation timeline. Think potentially years not months. d. WPD needs every dollar for capitals over the next several years. 3. Future Relationship with Orchard 2020 a. If we move forward with litigation, WPD will permanently impair any chance of a respectful and functional relationship with Orchard 2020. b. Regardless of “win” or “lose”, Orchard 2020 could prove to be an extremely challenging neighbor and will present roadblocks on the development or use of 261 Sheridan and Elder/Centennial Beach. 4. Significant Business to Manage a. As we all know, WPD has 5 beaches, 27 parks/properties (own or maintain), tennis facility, hockey rink, golf facility, and paddle facility. It’s a lot! b. WPD needs all resources focused on managing these assets. 5. Existing Financial Challenges a. WPD has $7.5mm in Elder/Centennial Beach budgeted improvements, but only $5mm remaining proceeds from the most recent debt financing. b. WPD has nearly $5.3mm of budgeted operating capitals in the next three years, not major but operating. This is an unusually large amount. c. There will also be considerable losses due to golf course closure in 2022 and 2023. The Golf Fund is budgeted to lose $1mm in 2022. Will 2023 be any better? d. WPD has very limited forecasted unrestricted reserves, approximately $2.5mm. e. WPD has no current ability to service additional non-referendum debt. f. It is fair to assume there will be no contribution as previously budgeted to help defer the costs of the south breakwater. 6. Moving Forward a. Initiating litigation will only slow down the improvements to Elder/Centennial Beach, we can move forward more expeditiously without litigation. Page 195 of 547 b. There could be another devastating weather event that may cause additional damage to Elder/Centennial Beach. To delay improvements = increasing our financial exposure. c. WPD has flourished without owning 261 Sheridan. WPD has great assets, fantastic programming and a wonderful reputation within the community. d. Importantly, Director Peterson should maintain informal contact with Orchard 2020 as needed. It has been said, “possession is 9/10 of the law”. Orchard 2020 owns 261 Sheridan, unfortunately WPD does not. Yes, we have the right to pursue litigation to attempt to enforce performance of the Property Exchange. However, litigation comes with risks, uncertainties, and costs, both financial and non-financial, that I believe outweigh our right to pursue litigation with Orchard 2020. Thank you for your consideration. Respectfully, David Seaman Page 196 of 547 John Peterson Subject: FW: Confidential circulation to Board only-Following up [LP- ACTIVE.38463.38463-86858.FID1345222] From: Robert A. Romanoff < > Sent: Friday, January 12, 2024 3:14 PM To: Robert A. Romanoff < >; James Hemmings <jhemmings@winpark.org> Cc: Christina Codo <CCodo@winpark.org>; Shannon Nazzal <snazzal@winpark.org>; Simon, Adam <ASimon@ancelglink.com> Subject: RE: Following up [LP-ACTIVE.38463.38463-86858.FID1345222] James – Thanks for your message from earlier this week. I have copied your questions, with our client’s response to the questions. Prior to responding to your individual questions, I wanted to share that the donors’ only criteria are that WPD must “refund” the donation (in a manner described below) if WPD transfers any portion of the Centennial or Elder Lane park property to a private party or enters into an agreement, easement or similar restriction with a private party that restricts the design, modification or operation of the park. The goal is to provide funds to support the parks free and clear of such private restrictions.  One of the conditions you expressed on behalf of your client is that funds should not be used toward a project that would inure to the benefit of an individual. There are many public projects that have a primary public purpose that also have an incidental private benefit. Would the WPD be forbidden from using the donation in a way that results in any incidental private benefit? No. How would you propose such a condition be worded in a donation agreement? Answer - TBD, based on points above.  One of the concerns you mentioned the donor articulating is the existence of plans to build a fence that the donor believes will provide a benefit to an individual, in this case the neighboring property owner to the south. This feature is set out in the current permit drawings that were developed by the WPD independent of any land swap or donation agreement. Are there concerns that the donor has with the current permit drawings, a change to which would be required as a condition of the donation? Answer - The donors do not seek to impose their own design requirements on WPD. The donors do not love the fencing design, but as long as WPD is not building the fence because it is bound by an agreement to a private party to build or maintain the fence in a certain way, there is no impact on the donation. 1 Page 197 of 547  One of the conditions of the proposed donation is that the WPD cancel the land swap agreement relating to 261 Sheridan Avenue. Would your client be willing to indemnify, defend and hold the WPD harmless from any litigation or other legal proceedings resulting from the cancellation of that agreement? Answer - The funds are unrestricted and could be used for any purpose, including responding to any lawsuit. If there is a need for more money, please advise how much and the donors will consider.  You expressed that the desire of the donor is to maintain Elder and Centennial as free and clear for the public. Can you please confirm that free and clear is in reference to the existence of easements, encumbrances, etc., rather than placing a restriction on the WPD should it elect to charge for access to those parks (for example, through the requirement of a beach pass)? Assuming that free and clear is limited to the non-existence of easements, encumbrances, etc., can you also please confirm that the desire to ensure free and clear applies only to Elder and Centennial parks, and not other WPD property? How would you propose a condition to this end be written for purposes of a donation agreement? Answer – The restrictions are limited to Elder and Centennial and are not intended to limit the WPD from imposing beach pass requirements.  Are there other conditions to the proposed donation beyond those identified in the questions above? If so, what are they? Answer - Not that we can think of at this time.  The donation is characterized as unrestricted as to the use of the funds. Can you confirm that WPD may use these funds for any purpose, and not just for any purpose associated with either Elder or Centennial parks? Answer – Yes  You have mentioned that you can provide references to the creditworthiness of the donor. Can you please provide those references? Answer - Yes, if we have an understanding in principle, we will provide a letter from bank holding funds.  What remedy would the donor have if the donor believes the Park District has violated the conditions of the donation? 2 Page 198 of 547 Answer - Refund of donation (by transferring the donation to another 501(c)(3) organization to be identified in agreement).  What is your client’s timeframe for negotiating this donation agreement to completion? Answer - 45 days seems reasonable once we reach an understanding. Please let me know if you have any additional questions. Best regards, Rob Robert A. Romanoff Levenfeld Pearlstein, LLC (he/him/his) 120 S Riverside Plaza Past Managing Partner Suite 1800 Chicago, IL 60606 USA lplegal.com Are you prepared for the Corporate Transparency Act that goes into effect January 1, 2024? Click here to learn more. Sign up for LP’s weekly newsletter, LP3 This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 3 Page 199 of 547 Page 200 of 547 Page 201 of 547 Page 202 of 547 Page 203 of 547 Page 204 of 547 Page 205 of 547 Page 206 of 547 Page 207 of 547 Page 208 of 547 Page 209 of 547 Page 210 of 547 Page 211 of 547 Page 212 of 547 Page 213 of 547 Page 214 of 547 Page 215 of 547 Page 216 of 547 Page 217 of 547 Page 218 of 547 Page 219 of 547 Page 220 of 547 Page 221 of 547 Page 222 of 547 Page 223 of 547 Page 224 of 547 Page 225 of 547 Page 226 of 547 From: To: Ann Klaassen; Subject: Fwd: Special Use Permit Concerns Date: Monday, February 2, 2026 10:09:16 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ann: Would you please send my email with attachments to the ZBA ahead of its 2/9/26 meeting? Thank you. To the Zoning Board of Appeals: Given WPD’s multiple misrepresentations in connection with its Centennial SUP applications, please use strict scrutiny in your permit review. WPD’s fencing would stretch far beyond the Ordinary High Water Mark, ending 91’ from Centennial’s bluffs to the north and 78’ from the bluffs to the south. Plan has already considered the dangerous and unnecessary nature of this fencing application and declined to recommend approval. I ask ZBA to do the same. WPD will attempt to direct ZBA’s safety concerns toward the dog beach under pretext of protecting people who use Elder Lane Beach for a very short summer swim season. This makes no sense. I respectfully suggest that rather than putting dogs before people, attention to beach safety should be more focused on Elder—an important but lightly used swimming beach. It is the most polluted of Winnetka’s beaches, and for that reason is likely to be open fewer days each summer than Tower or Maple. For your information, using WPD’s “rainout line” in 2024 I made a good faith effort to track beach closures. Based on WPD information, I tallied approximately 50 total open days for Maple Beach. Some days were half open-half closed, depending on weather and water conditions. Some days the beach was fully closed because of weather, water conditions or high bacteria counts. Beginning with Memorial Day and ending in mid-August, Maple was opened and closed depending on whether it could be staffed. Before New Trier adjourned in June, it was open on a limited basis. By mid-August it had closed for the summer—only Tower Road Beach was staffed intermittently at that point before closing over Labor Day weekend. In my opinion, staffing shortages will also cause Elder Beach to be open less than the full season. https://www.idph.state.il.us/envhealth/ilbeaches/public/BeachDetail.aspx?BeachID=381 My suggestion is to ask the beach-going community itself to come up with sensible measures for the young families/kids who bike or walk to Elder on the days it is open. Take a look at this already-ADA accessible beach and find a way to delineate its southern boundary. One option could be a simple row of rocks. Or, fully removable, truly temporary, summer-only ropes or block-mounted posts with ropes ending at or above the OHWM—without obstructing the use of beach wheelchairs. The materials should not obstruct sight lines for first responders, lifeguards, parents, or other beachgoers. They should not make it harder to run across the sandy beach, within or past any seasonal beach boundaries, or into lake for a water rescue. Consideration should also be given to changing waterlines. Today's lake levels are at or below Page 227 of 547 normal. Once the water rises again, whatever is used should be moveable so as not to create a submerged threat. Community efforts could include obtaining advice from recognized safety experts. Neutral community members should also ask (1) the lifeguards if ropes or removable posts would be helpful or a hindrance to their duties, (2) if they feel they are necessary, and (3) Elder Beach users themselves if they feel barriers would enhance their safety. As an aside, I am not aware of any dog-related incidents at Elder Beach over multiple years when three of my kids were WPD Lake Michigan lifeguards. I do know that every minute counts when making a water rescue. WPD’s REPRESENTATIVE IMAGE OF LAKEFRONT CHAIN-LINK FENCING I appreciate the Plan Commission’s decision to decline recommending WPD’s dog beach fencing plans and I hope ZBA will do the same. There is no reason to pound metal poles all the way to what WPD describes as the “point of resistance” to install dog beach fencing that is Page 228 of 547 neither required nor safe. IDNR has described standalone lakefront fencing as an obstacle to be navigated around. The further out a person ventures to avoid a fence, the bigger the waves and the colder the water well into the summer months (July-August). Water-based fencing increases the likelihood of drowning for this reason. I believe low lake water temperatures were responsible for at least one of the drownings in Winnetka within the past few years. Please take this into account and decline recommending approval of WPD’s fencing SUP. Thank you. Sincerely, Kristine Schriesheim Winnetka taxpayer Page 229 of 547 Philip Enquist 476 Provident Ave. Winnetka, Illinois 60093 February 3, 2026 Dear Zoning Board of Appeals, and Design Review Board…. Last week, at the January 28th Plan Commission meeting, the Winnetka community learned further details about the proposed beach fences which would define the future dog beach as proposed by the Winnetka Park District. The proposed design is for two, 4’ high fences, that will run into the lake waters for approximately 15’ to a water depth of 1.5’ to 2’. Four gates will create entrances, a pair at the north and a pair at the south. As I listened to this presentation, I wondered who is representing child safety concerns? Shallow water (1.5 – 2 feet) allows easy wading around these fences and children potentially meandering behind fences and become vulnerable to separation from families and potential water related accidents. A dog owner also spoke that obstructions like fences can create unsafe conditions for the dogs. Centennial Beach, perhaps Winnetka’s most beautiful beach, is today, open and free of physical obstacles across its shoreline. Residents at the January 28th meeting suggested rational strategies that would avoid fences extending into the water. These alternative concepts should be explored. The community also showed research of what other Illinois communities are doing, especially the letter (dated January 26, 2026) from John Root. The WPD admitted that they had not gone to see these other beaches. The proposal is a bad idea. These fences would fragment Winnetka’s open, unobstructed beach, but more importantly, I believe they would create significant safety issues. The Winnetka Park District’s proposal is full of issues and is poorly conceived. Please do not approve this fence special use permit proposal, but rather recommend further research and alternative concepts that may not require fencing on the actual beach. Thank you for your diligence and time related to these issues. Phil Enquist Fellow, American Institute of Architects Page 230 of 547 PLANNING COMMISSION MEETING WEDNESDAY, January 28th2026 DOCTRINE OF PUBLIC TRUST WHILE THERE ARE VERY SERIOUS SAFETY CONCERNS WITH THE FENCES AT THE DOG BEACH, I AM ALSO CONCERNED ABOUT THE VIOLATION OF THE DOCTRINE OF PUBLIC TRUST IF FENCES ARE INSTALLED.THE DOCTRINE OF PUBLIC USE, WHICH HAS BEEN IN EFFECT SINCE 1842, IS ONE OF THE UNDERPINNINGS OF ENVIRONMENTAL LAW. THERE IS NO EVIDENCE OF CHANGED LAW OR REGULATION SINCE THAT TIME – ONLY THE CONTINUED INTERNAL ASSERTION FROM WPD STAFF THAT FENCING IS “REQUIRERD”, DESPITE REPEATED DOCUMENTATION TO THE CONTRARY. THIS DOCTRINE MANDATES THAT THE BEACHES IN THE STATE OF ILLINOIS, AND IN OTHER STATES, REMAIN OPEN AND AVAILABLE FOR THE USE OF THE PUBLIC. NO PRIVATE BEACH OR DOG BEACH MAY PREVENT PEOPLE FROM PASSING OVER IT BECAUSE OF THIS DOCTRINE. THE INSTALLATION OF FENCING AT CENTENNIAL BEACH WOLD BE AN UNNECESSARY AND DAMAGING INTRUSION ON PUBLIC LAKEFRONT ACCESS. IT WOULD UNDERMINE THE NATURAL AESTHETIC AND CHARACTER OF THE BEACH WHILE IMPLYING A LEGAL NECESSITY THAT SIMPLY DOES NOT EXIST. THIS PROP0SED FENCE AROUND THE DOG BEACH IS A VIOLATION OF THE DOCTRINE OF PUBLIC TRUST. THEREFORE, I ASK THAT YOU DENY THE PARK DISTRICT’S REQUEST FOR A SPECIAL USE PERMIT. THANK YOU. ALEXANDRA C. NICHOLS Page 231 of 547 Page 232 of 547 Page 233 of 547 Page 234 of 547 Page 235 of 547 Page 236 of 547 From: To: Ann Klaassen Cc: Subject: WPD Fencing SUP Application—Comments for ZBA Date: Friday, February 6, 2026 9:54:52 AM Attachments: 79D77E9B-AC52-4CC5-AC9C-CBC0E793E569.png 72EF620F-8882-4826-AD60-142297EB47FF.png 6596EEA3-476F-4B03-BB96-772A53BF06ED.png 4BC6BF5B-798F-455D-A353-CE0AB1157213.png 57171C5D-38A9-4395-853A-65804F652783.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ann: Would you please share this with ZBA ahead of its February 9, 2026 meeting? On February 5, 2026 the Winnetka Park District adopted a motion approving new permanent fencing designs for Centennial Beach. I did not see the new plans in ZBA’s publicly available February 9, 2026 meeting packet. The new permanent fencing project differs in design, scope and description from what WPD presented to ZBA for Monday’s meeting, which I believe requires it to make new permit submissions to the Village. WPD’s new permanent fencing designs “The public beach has to end.” Page 237 of 547 WPD continues to misrepresent the reasons for a fencing project that Cook County’s Deputy Administrator categorizes as falling outside the scope of its ordinance. Further misrepresentations and confusion related to WPD’s new dog beach fencing designs are as follows. 1. Despite WPD’s awareness of the Village’s commitment to protecting the public’s health, Page 238 of 547 safety and welfare, it adopted new designs that are at least as detrimental as the designs Plan voted 7-0 not to recommend. This fencing would induce people to step onto the steel sheet piling and use it to travel east as far as WPD’s proposed fencing extends, from where they could jump off—potentially hitting 205 Sheridan’s armored stone breakwater. People will be hard to see in the water/on the rocks/below the fencing, and difficult to rescue. Two men climbed onto the steel groin and sidestepped along it by using the fencing. Note that WPD’s designs would permanently induce future beachwalkers to do the same while traversing Lake Michigan’s actual shoreline. 2. I understood WPD’s Costa Kutulas to say sand levels on either side of the new designs’ steel groin-mounted fencing would differ by approximately 4’, creating a hazardous drop off. He also made an assumption that people would choose the safest route to reach 205 Sheridan’s northern breakwater steps. I do not think it is reasonable to make this assumption, and I hope ZBA asks him about it. 3. At the February 5, 2026 meeting, WPD’s board majority was coy about its intentions for 2024’s WPD-IFF Donation Agreement with Restrictive Covenant. The board majority said they want to get all the permits for the groin-mounted fencing plan, and then revisit the Donation Agreement with Restrictive Covenant. It does not take much to suspect an eventual plan to encumber the park, freeze its use, build dangerous structures and impede access to Centennial’s southern shoreline, all to the detriment of the public’s general welfare for over half a century. Page 239 of 547 4. WPD’s new permanent fencing designs would cost $50,000-$100,000–adding to over $2.3 million spent to date, plus a foregone genuine $3 million donation offer that would have advanced more funds to cover litigation threats WPD is using as an excuse. The effect is detrimental to the public’s general welfare. Page 240 of 547 5. WPD’s new designs would involve relocating electrical wiring all the way down the bluffs and onto the sandy beach 12 feet east of the toe of the bluffs. The OHWM on Centennial’s southern end—closest to 205 Sheridan—is only a short distance east of the fencing and electric fob. Page 241 of 547 As water levels change, the electrical wiring, key fob, gate and even the “watertight” dog waste receptacle will be fully or partly underwater. This will be unsafe, unsanitary and difficult to maintain. I therefore request that ZBA ask WPD why in the surveys of dog beaches throughout Lake and Cook Counties, nothing has surfaced depicting other dog beaches with locked electric gates only feet away from the OHWM.  It is obviously much safer and more usable for the key fob operated gate to remain at the top of the bluffs with no risk of it being submerged in Lake Michigan. Page 242 of 547 Page 243 of 547 Metal cover over Centennial’s current electric fob operated gate’s emergency exit button was broken off and not fixed over multiple summers. 6. I think it may be difficult for an electric gate that is sitting in sand or water to swing open. If it does open, it may take more than a reasonable amount of time. Once inside the 10’ square Page 244 of 547 enclosure leading to the main area for dogs, there would be another gate people would have to unlatch and physically pull open (or closed) manually to enter or leave the 10’ square enclosure. It is unclear if the designs include an emergency exit button inside the 10’ square enclosure. 7. On February 5, 2026 Mr. Kutulas said the new designs’ black chainlink fencing would be HARDER TO SEE. This will cause more accidents involving swimmers, paddle boarders, kayakers, jet skiers and other watergoers along with dogs, getting tangled up with the fencing and hurt, and/or possibly drowning. 8. WPD is loath to respect the Ordinary High Water Mark as the easternmost boundary of its lot line for zoning purposes. Approving fencing that extends into a public street—Lake Michigan—would set a terrible and dangerous precedent. You may not be aware of this, but a threatening sign was placed off of the Cherry Street Beach sometime after 2023. In the fall of 2025 the sign was still on public beach below the OHWM. I believe it would create even more dangers for the public if ZBA votes to recommend fencing below the OHWM. Others will use this as precedent in their determined efforts to block off Lake Michigan. Page 245 of 547 Sign south of Cherry Street Beach in 2025 9. WPD has not formed a plan for the isolated northern half of Centennial beach that its designs would create. ZBA does not have enough information to assess whether an immediately adjacent swimming beach would be safe for people and dogs traveling up and down the stairs to the same watershed, whether it would be legal under the Illinois Swimming Page 246 of 547 Facilities Act, whether WPD would comply with the law and build bathrooms within 300 feet of the shoreline, or other potential issues. I am confounded by WPD’s consideration of designs that could put human swimmers strictly on the north side of Centennial’s center steel groin where they will face what WPD describes as northeasterly rip currents. It would be safer to put people on the southern side of the steel groin . . . obviously not WPD’s choice since it would foil efforts to fence Centennial’s southern boundary. 10. On February 5, 2026 WPD mentioned its allocation of funding to police Centennial beach with “wardens.” WPD’s Centennial beach vision appears to be putting people and their dogs in a cage, with roaming police issuing tickets and/or warning people away. This is out of line with the Village’s Comprehensive Plan. Furthermore, it is repugnant. 11. WPD seems confused about Wilmette’s Gillson Dog Beach. Dogs have to remain leashed until they get to Gillson’s sandy dog beach, but not when they are on the sand. 12. It is unclear if Centennial’s 11 parking spots would be sufficient if Winnetka’s only dog beach is next to a passive use or swimming beach. I think a dual-use beach will draw a lot of people, like Lloyd Beach does. The lack of adequate parking will spill onto tabletop parkland, into the neighborhood across Sheridan Road and around the area. This in itself is sufficient reason to deny approving WPD’s SUP application. 13. Pounding fencing onto the steel groin that crosses over Centennial’s lot line with 205 Sheridan could be destabilizing and potentially give rise to damages. WPD should be asked about this. 14. WPD makes no commitment to get a professional assessment of whether its designs— particularly the gates—meet ADA requirements for Winnetka’s only dog beach, which is a public accommodation. WPD’s February 5, 2026 Special Meeting just appeared on its calendar on Monday, February 2, 2026. Its meeting agenda with two small images of the new permanent fencing designs appeared on Tuesday, February 4, 2026. The public had 48 hours to evaluate the designs, if they happened to read WPD’s agenda ahead of Thursday’s meeting. This is the same and also inadequate timeframe that the public and non-majority board members had to try to evaluate designs attached to WPD-IFF’s Donation Agreement with Restrictive Covenant when they appeared in WPD’s October 19, 2023 meeting agenda—48 hours. Furthermore, the new designs are not included in ZBA’s meeting packet. The Village Engineer, Police Chief and Fire Chief have not had an opportunity to assess the designs’ narrow bypass width, the gates, placing electrical on the beach, the 4’ drop-off, and other questions. WPD’s efforts to force down cumbersome designs that impede access to public lands and threaten the public’s general welfare—physically, financially and legally, are concerning. Please uphold the public’s interest and decline to recommend approving them. Thank you. Kristine Schriesheim Winnetka taxpayer Page 247 of 547 The Zoning Board of Appeals shouldn’t do anything to advance the current plans of the Winnetka Park District for a dog area at Centennial Beach, because setting aside any lakefront property of the Village of Winnetka is simply an ill-conceived use of Village and Park District lakefront. There are better ways to handle this issue. What the Village and the WPD should do in regard to canine access to the lakefront is to [i] entirely prohibit dogs from all lakefront property during regular swimming hours, but [ii] allow dog-owners and their dogs and the public to freely use the lakefront – just the beach, not any park areas – in the evenings, after regular hours for permitted swimming and for the public in general. I have personally seen this regulatory scheme in action at beaches on the Atlantic Ocean in New Jersey, and it has worked well for years. And according to remarks by Zoning Board Chair Matthew Bradley at the January 28th Plan Commission meeting, the usage regime suggested above appears to be how ‘the dog beach” has, in fact historically operated in Winnetka anyway. Fully realizing this proposal and beach accessibility to Winnetka residents would, of course, mean opening up all the lakefront that is now effectively barricaded by the kind of massive rock jetties that have recently been erected at either end of the Ishbia property, but even if it isn’t possible to address that particular aspect right now, the regulatory scheme suggested above will still work well. The proposed regulatory scheme will, obviously cost a great deal less than the current Park District proposal, and it won’t involve further environmental degradation -- assuming that dog-owners pick up after the pets. It’s at least worth a try, isn’t it? So why not turn off the seemingly endless governmental process for now, and give it a try for a year or two? Marc Hecht Page 248 of 547 From: To: Ann Klaassen Subject: February 9, 2026 Date: Saturday, February 7, 2026 5:46:38 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ann, Please forward my letter below to the Zoning Board and the Design Review Board. Thank You, Joanna Karatzas February 9, 2026 Re: Special Use Permit for Dog Fence at Centennial Beach Zoning Board: Thank you for your attention to this matter. It’s hard writing about a moving target. Since the Park Board altered schematics for the dog beach on February 5, 2026, the letter I previously wrote regarding the scheme presented to the Planning Commission on January 28, 2026 is irrelevant. However, I don’t know if procedure allows for a switch at this point without first going back to the Planning Commission. Therefore, I’m retaining my response to that first scheme in this letter. See Below. Response to the Dog Beach plan presented by Winnetka Park District to the public on February 5, 2026. As I stated previously regarding the scheme presented to the Planning Commission on January 28, 2026, tonight’s plans are again vague, and therefore misleading. Because the drawing doesn’t include the breakwater at 205 Sheridan, it may give the viewer an overly optimistic perception of its true feasibility. It’s important to convey the entire existing condition on the south boundary of Centennial. It’s a point of contention and I’ll never understand why the drawing is incomplete. In looking at the plan, it looks like pedestrians would have to walk on property belonging to 205 Sheridan when transversing southward along the lake. Also, the width of the passage in front of the stairs over the breakwater seems especially narrow and is endanger of being swamped should the lake rise to the high water mark. A park commissioner at last week’s meeting mentioned the need for a staked survey at this edge. It seems like a good idea and should have happened before this plan was presented. More importantly, it’s worth asking ourselves what’s driving a fenced dog beach there at all? The answer lies in a donation held out to the Park District by the Ishbia Family Foundation (IFF), also known as the owner of 205 Sheridan. The donation isn’t a pure act of kindness, it has strings attached. It mandates a fenced dog beach located at the south end of Centennial; ADA access; and a very over-scaled pier placed near where the north dog beach fence is Page 249 of 547 proposed. I wish someone would tell me what IFF’s motivations are, particularly regarding the pier. The entanglement between IFF and the WPD has resulted in some very weird proposals and solutions over the last four years. I have been critical of the proposed designs, but I know the designers aren’t at fault. The root of the problems lie with decisions and agreements the Winnetka Park Board has made. Cutting the cord between IFF and WPD would allow for a rational solution at Elder/Centennial. Response to the Dog Beach plan presented by Winnetka Park District to the Planning Commission on January 28, 2026. The plans for the off-leash dog beach, submitted as part of tonight’s agenda packet are vague and therefore misleading. The drawings fail to inform the Zoning Board and the public of the breakwater now existing at the north boundary of 205 Sheridan, also known as the south boundary of Centennial, nor do they highlight the existing sheet pile at the same location. Furthermore, the fence elevations are not presented in context— therefore the observer can’t see what lurks behind proposed south fence. Had the sheet pile and the breakwater been boldly drawn in plan, the benign looking 20 ft.-gap between the thin line representing the south fence of the proposed dog beach and the property line of 205 Sheridan Rd. would seem hazardous and redundant. The proposed fence is 93 ft. 3in. long from the toe of the bluff to its eastern terminus in Lake Michigan. It runs into the lake at a proposed distance of 15 ft. from the ordinary water line, but that stretch would increase to 40 plus ft. should the lake rise to the high water mark. Should the lake level stay at the ordinary water mark, the water depth at the east terminus of the fence would be 1.5-2 ft. That makes me wonder, would that depth be if we experience a high tide? At best, the proposed 20 ft. gap will be an unsightly debris collector and at worst it would be a trap endangering the lives of people and dogs that might get stuck and battered between jagged rocks, a corroded sheet pile, and an ungiving fence. Yes, the lake can get choppy and produce strong currents. The need to provide a fence where there is already a pile of rocks is questionable. Dogs aren’t likely to pick their way over wet, slimy rocks in favor of running and playing on a wide open beach. Finally, drawings are a powerful tool of communication. They should be comprehensive and describe adjacency conditions. In this case they fail to do so, therefore, please deny this Special Use Permit. Joanna Karatzas Winnetka Resident Sent from my iPhone Page 250 of 547 John William Root 326 Woodland Avenue Winnetka, IL 60093 Telephone: Email: Sent by electronic mail: smangum@winnetka.org Mr. Scott Mangum February 8, 2026 Village of Winnetka Director of Community Development 510 Green Bay Road Winnetka, IL 60093 Re: Case No. 25-28-SU 225 Sheridan Road – Centennial Park & Beach Comments for 10/14/24 Hearing Dear Mr. Mangum: As you may be aware, the Winnetka Park Board (WPD) met on February 5, 2026, and approved a new design for the dog fence for its Special Use Permit (SUP) for Case No. 25-28-SU. The design can be seen below in figure 1. Figure 1. Revised Dog Fence Design Page 251 of 547 Letter to Mr. Scott Mangum February 8, 2026 Page 2 of 3 The February 5 redesign appears to be a material change from the fence configuration presented in the pending SUP application and circulated to the public. Among other things, the redesign relocates the fence elements and reconfigures Centennial Beach by dividing it into an off-leash dog area and a separate “passive” beach area for the general public, which materially alters the character and impacts of the proposed special use. Section 17.56.130 (Amendments to Special Use Permits) recognizes that when a SUP holder seeks a material change to the approved special use, the change must be processed as an amendment with the required administrative review and public process. The Park District is not merely refining details; it has approved a substantively different configuration. At minimum, the Village should require the Park District to proceed through the appropriate administrative procedure under the Zoning Ordinance for a material modification—i.e., staff review, a complete and current plan set, and legally adequate public notice—before the matter is heard on the merits. This is also a basic procedural due process issue. The public hearing process only works if residents and affected property owners have meaningful notice of what is being proposed and a fair opportunity to review and comment on the operative design. A last-minute substitution of a materially different fence plan on the eve of a hearing undermines the integrity of the administrative record and deprives interested persons of a fair opportunity to be heard on the actual proposal. As of the date of this letter: (1) no notice of postponement of the February 9, 2026, ZBA hearing appears to have been posted; and (2) the February 5 revised fence design does not appear to be posted on the Village’s ZBA webpage. It therefore appears likely that the Park District may present the superseded fence design at the February 9 hearing, despite having approved a materially different plan on February 5. That would be inefficient for the ZBA and unfair to the public, and it risks a recommendation based on a plan the applicant itself has abandoned. Accordingly, I respectfully request that the Village require the Park District to submit a complete amended plan set reflecting the new February 5 design and then restart or continue the SUP process as required for material changes, including staff review and proper notice to surrounding property owners and the public. If the Park District nonetheless intends to proceed on February 9 using the older design, then the ZBA should limit the presentation time (e.g., 15 minutes for staff and 15 minutes for the applicant) and avoid devoting substantial hearing time to an outmoded plan that is no longer the applicant’s approved design. Thank you for your attention to this issue. Sincerely, / s/ John W. Root Page 252 of 547 Letter to Mr. Scott Mangum February 8, 2026 Page 3 of 3 cc: Members of the Village of Winnetka Zoning Board of Appeals Ms. Kristin Kazenas, Village Manager By Email: KKazenas@winnetka.org Ms. Ann Klaassen Assistant Director By Email: AKlaassen@winnetka.org Page 253 of 547 To: Winnetka Zoning Board of Appeals From: Angie Dahl Re: Case No. 25-28-SU: 225 Sheridan Road-Centennial Beach Date: February 9 2026 Members of the ZBA: You are being asked tonight to consider and approve an application from the Winnetka Park District to allow installation of fencing on the existing Centennial beach in order to create a dog beach. On January 28 2026, this application was unanimously rejected by the Plan Commission. Tonight, Park District staff and legal counsel may also present an alternative plan, differing in size, scope and accessibility, which was adopted at a Special Meeting of the Park Board held on February 5, 2026 at 4:30 in the afternoon. The plan rejected by the Plan Commission, which is before you this evening, and the newly designed plan adopted by the Winnetka Park Board on February 5 have one purpose in common: the creation of a dog beach with substantial fencing. Several years ago the Winnetka Park District solicited input from dog owners and dog beach users on an ad hoc advisory board whose purpose was to evaluate options within the community for an off leash dog area. The recommendation from that group was to move the dog beach from Centennial and relocate it at an area near the power plant at Tower Road. The timing of this ad hoc committee and its subsequent recommendation overlapped with new, private and ongoing discussions between several members of the Winnetka Park District Board of Commissioners, and an individual property owner purchasing land adjacent to Centennial Park. During this same period, concerned residents attempted but failed to locate or review any meeting minutes or video recordings of meetings where the Centennial/Elder project was discussed. This resulted in an inquiry to the Illinois Attorney General’s Office and a subsequent finding that the Winnetka Park District was in violation of the requirements in the Open Meetings Act of timely posting meeting minutes and videos for public review. Interestingly, the missing information being sought directly related to the negotiations taking place in private with a specific home owner. The findings of the ad hoc dog beach advisory committee were put aside. I bring this to your attention tonight because of the repetitive nature of the SUP applications from the Park District. I am a dog owner, a user of the dog beach, and was a Park District Commissioner at the time the Centennial Dog Beach was conceived and implemented. My husband was a member of Page 254 of 547 the ad hoc Dog Beach Committee which addressed a possible change in location. I believe there is a simple solution to this ongoing merry-go-round of hearings regarding this issue. Remove the dog beach from Centennial. If that happens, there will be no need for a SUP and no need for the fencing that is opposed by so many. I don’t know if it is within your purview to make this decision. If so, please consider this option and please deny the Winnetka Park District’s application for a SUP. Angie Dahl 1277 Forest Glen Dr N Page 255 of 547 MEM0 February 9, 2026 TO: Winnetka Zoning Board of Appeals FROM: Laurie Morse RE: Centennial Fence Designs 1-3. Which will the ZB review today? Zoning Board reviewed and rejected fence design 1. at meetings in 2024. This fence blocks public access stairs to the new 205 beach, which is now complete and open for public use. 1. Fence plan from WPD/IFF restrictive Covenant Agreement dated January 19, 2024: access stairs to 205 Sheridan beach 1 Page 256 of 547 2. WPD Fence Plan chosen at WPD Board Meeting February 5, 2026 The Feb. 5 WPD Board Meeting was theater. This “new” fence design conforms nicely to Ishbia Family Covenant agreement requirements. Walkways and other features can be added later. This plan includes locked gates at beach level but is not materially di erent from 1. above already rejected by ZB. Access stairs to new public 205 beach blocked. The “temporary fence” 3. Below, scheduled for ZB review today doesn’t conform to the Ishbia Covenant agreement fence plan. “Temporary” language in IDNR permit application was meant for Ishbia Family team. “Temporary fence” was e ective test of IDNR permit review. WPD no longer plans to build this design and will seek new permits from all regulators. 3. IDNR permitted this fence design on December 24, 2025. Permit LM20250015. Page 257 of 547 From: Ann Klaassen To: Ann Klaassen Subject: Could you distribute to ZBA? Date: Monday, February 9, 2026 11:55:14 AM From: Irene Smith > Sent: Monday, February 9, 2026 10:52 AM To: Ann Klaassen <AKlaassen@winnetka.org> Subject: Could you distribute to ZBA? CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Ann. Is it too late to add something to the ZBA packets? This is a poster I’m bringing tonight, but I’m afraid the printing is too small. It would be better understood if the Commissioners could read it in their packets. Many thanks. Irene Page 258 of 547 ***************************** Though I may not be here with you, I urge you to answer the highest calling of your heart and stand up for what you truly Page 259 of 547 believe. In my life I have done all I can to demonstrate that the way of peace, the way of love and nonviolence is the more excellent way. Now it is your turn to let freedom ring. When historians pick up their pens to write the story of the 21st century, let them say that it was your generation who laid down the heavy burdens of hate at last and that peace finally triumphed over violence, aggression, and war. So I say to you, walk with the wind, brothers and sisters, and let the spirit of peace and the power of everlasting love be your guide. John Lewis, from the essay he wrote shortly before his death on July 17, 2020. Page 260 of 547 Page 261 of 547 Page 262 of 547 MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: ANN KLAASSEN, ASSISTANT DIRECTOR DATE: FEBRUARY 19, 2026 SUBJECT: 936 SUNSET ROAD – FINAL PLAT APPROVAL MARREN’S RESUBDIVISION (AMENDED CASE NO. 25-16-SD) INTRODUCTION On February 25, 2026, the Plan Commission (“PC”) is scheduled to hold a public hearing on an amended application submitted by Robert and Susan Marren (collectively, the “Applicant”), as the owners of the property located at 936 Sunset Road (the “Subject Property”), to allow a two-lot subdivision of the Subject Property. The Applicant has filed amended applications seeking the following approvals as part of a Final Subdivision Plat approval to create two new Lots of Record: 1. Zoning Variation to allow Proposed Lot 1 (936 Sunset Road) to provide a lot depth of 172.64 feet, whereas a minimum of 200 feet is required, a variation of 27.36 feet (13.68%) [Section 17.30.010 Lot Area, Shape and Dimensions]; 2. Subdivision Code Variations from Section 16.12.010 Minimum land subdivision standards to allow: a. The side lot line of Proposed Lot 2 to abut the rear lot line of Proposed Lot 1 (936 Sunset Road); b. The creation of a lot with a side lot line that is not perpendicular to the street line (Proposed Lot 2); and 3. A finding of “No Material Increased Adverse Impact” for the existing improvements at 936 Sunset Road (Proposed Lot 1), which: a. Observe less the minimum required front yard setback of 50 feet from Sunset Road; b. Observe less than the minimum required corner yard setback of 50 feet from Higginson Lane; and a. Exceed the maximum permitted width for front-facing garage doors. This application is limited to the subdivision request and the existing improvements, no proposed improvements to the Subject Property are included in the request. The PC is charged with making a recommendation to the Village Council regarding the subdivision, including the requested relief described above. The Zoning Board of Appeals (“ZBA”) considered the Applicant’s initial request for zoning relief associated with a Final Subdivision Plat to create two new lots of record at its October 13 and December 8, 2025, meetings. Following the December ZBA meeting, the Applicant amended its request in response to concerns raised by some members of the ZBA. Subsequently, the ZBA considered the amended request on February 9, 2026, and by a vote of 7-0, recommended approval. Details regarding the ZBA’s consideration are provided later in this report. Given the amended request requires Page 1 Page 263 of 547 different zoning and subdivision code relief, the PC needs to consider the amended Final Plat of Subdivision and the requested relief associated with the amended request. A mail notice was sent to property owners within 250 feet of the Subject Property in compliance with the Village Code, informing them of the public hearing before the PC. The hearing was also properly noticed in Winnetka Talk on February 5, 2026. As of the date of this memo, staff has not received any written comments on the amended application. Written comments that were not included in the September 24, 2025, PC agenda packet but distributed to the PC in time for that meeting, when it considered the Applicant’s initial request, as well as the written comment received since the September 24 meeting are included in Attachment C2. The Village Council has final jurisdiction on this request. SEPTEMBER 24, 2025, PLAN COMMISSION MEETING The PC considered the previous version of the Applicant’s proposed two-lot subdivision at its September 24, 2025, meeting. The staff report for the September 24 meeting, as well as the meeting minutes can be found in Attachment B2. At the September meeting, the PC heard from staff, the Applicant’s legal counsel and civil engineer, and received letters from five neighbors in opposition to the request. The written correspondence from the neighbors expressed concerns with development in the floodplain, drainage, and noncompliance with the zoning lot standards. Some members of the PC noted that the zoning relief requested was minimal and that increasing the lot area of Proposed Lot 2 to comply with the minimum required lot area would require Proposed Lot 1 to seek relief from the lot depth requirement. Some members also noted that the proposed subdivision would revert the Subject Property back to its original two-lot configuration prior to the consolidation in 1976. Ultimately, by a vote of 6-1, the Commission recommended approval of the request with a condition that the existing nonconforming playhouse be removed or relocated to comply with the zoning regulations. ZONING BOARD OF APPEALS REVIEW On October 13, 2025, the ZBA commenced a public hearing on the Applicant’s request for approval of zoning variations to allow the proposed two-lot subdivision. After hearing from staff, the Applicant’s legal counsel and civil engineer, the ZBA heard from two members of the public who are neighbors of the Subject Property. The ZBA then discussed the request. A significant amount of the ZBA’s discussion was focused on the relief requested and how that would impact the ability to develop the lot in a reasonable manner that would be appropriate in the neighborhood. The six members in attendance were split on the application. The Applicant heard the concerns expressed by the members of the ZBA leaning towards recommending denial of the relief and requested that the item be continued to the December 8, 2025, ZBA meeting to allow them time to explore amending the proposed plat of subdivision so that proposed Lot 2 would comply with the lot area and rectangular lot area requirements. At the Applicant’s request, the ZBA continued the item to the December 8, 2025, ZBA meeting to provide the Applicant with time to respond to the ZBA’s comments. On December 8, 2025, the ZBA held a continued public hearing on the Applicant’s request. In response to comments heard at the October ZBA meeting, the Applicant provided an exhibit with two options to illustrate the implications of relocating the lot line between the two proposed lots so that Proposed Lot 2 (south lot) complies with lot area and rectangular area requirements. Both of the options represented proposed lots that complied with the minimum required rectangular area requirement; however, the options included a variety of additional zoning variations and Subdivision Code variations. Figure 1 below Page 2 Page 264 of 547 illustrates the two options presented to the ZBA. After hearing from staff, the Applicant’s legal counsel and civil engineer, and receiving no additional written or verbal public comment on the application, the ZBA discussed the request and asked questions of the Applicant. The questions focused on the buildability of Proposed Lot 1 in “Option 1” presented to the ZBA as an alternative to the originally proposed subdivision, which required two zoning variations for Proposed Lot 2 while Proposed Lot 1 did not require zoning variations. Following a recess to allow the Applicant time to discuss with their legal counsel and civil engineer, the Applicant requested the application be continued to the January 12, 2026, ZBA meeting to allow them time to evaluate whether to amend the application to move the proposed lot line between the two lots to the north. By a vote of 6-0, the ZBA granted the Applicant’s request and continued the item to the January 12 ZBA meeting. Prior to the January 12 ZBA meeting, the Applicant informed staff that they were amending the proposed subdivision. Because the amended subdivision requires different zoning relief, public notice of the amended relief was required. Therefore, the ZBA did not take any action on this item on January 12. Rather, new public notice was provided for the ZBA’s consideration of the amended request at the February 9, 2026, ZBA meeting. Figure 1 – Subdivision Options Exhibit (December 8, 2025 ZBA Meeting) On February 9, 2026, the ZBA held a public hearing on the Applicant’s amended application, which consists of Option 1 in Figure 1 above. After hearing from staff, the Applicant’s legal counsel, and receiving no additional written or verbal comments, the ZBA discussed the amended request. The ZBA was complimentary of the Applicant addressing the concerns expressed by some members of the ZBA. Ultimately, the ZBA found the amended request met the standards for granting a variation while noting the playhouse that is located within the required corner yard along Higginson Lane needs to be removed or relocated to comply with the zoning regulations. Page 3 Page 265 of 547 AMENDED PROPOESD PLAN In response to comments heard at both the October 13 and December 8 ZBA meetings, the Applicant has provided the attached written explanation describing the amended plat of subdivision (Attachment A2). The change to the proposed plan involves shifting the proposed lot line dividing the two lots 27.36 feet to the north. As a result, the lot area and rectangular buildable area requirements are met for the proposed southerly lot (Lot 2 facing Higginson Lane). However, Proposed Lot 1 (936 Sunset Road) now requires zoning relief from the minimum lot depth requirement. The lot depth would be reduced from 200 feet (the minimum required lot depth) to 172.64 feet, a difference of 27.36 feet. The images below and on the following pages compare the originally proposed plat of subdivision considered at the September PC meeting with the current amended plat of subdivision. Figure 2 – Excerpt of Marren’s Resubdivision Plat (September Meeting) Page 4 Page 266 of 547 Side Lot Line is not Perpendicular to Street Line Rear Lot Line Abutting Side Lot Line Figure 3 – Excerpt of Amended Marren’s Resubdivision Plat Compliance with Zoning Standards – Lot Size and Dimensions. The amended Marren’s Resubdivision does not comply with one provision of the Zoning Ordinance related to lot area and dimensions (highlighted yellow in Table 2). In comparison, the plat of subdivision originally proposed did not comply with two provisions of the Zoning Ordinance. Previously, the requested relief was limited to Proposed Lot 2 (southerly lot fronting on Higginson Lane); Proposed Lot 1, (lot with existing residence) fully complied with the zoning regulations. Whereas, the amended plat of subdivision shifts the requested zoning relief to Proposed Lot 1, while Proposed Lot 2 would comply. Table 1 on the following page summarizes the extent to which the lots created with the original plat of subdivision complied with, or fell short of, the minimum zoning standards and Table 2 does the same but for the amended subdivision. Section 16.12.010, Minimum land subdivision standards of the Subdivision Code, requires all lots created by any plan for land subdivision shall comply with all standards of the Zoning Ordinance. Hence, the proposed subdivision requires approval of one zoning variation for which both the Plan Commission and Zoning Board of Appeals are charged with making a recommendation to the Village Council. Page 5 Page 267 of 547 Table 1 – Marren’s Resubdivision Proposed Lot 1 Proposed Lot 2 Existing Lot R-2 Zoning Standards 936 Sunset South Lot 936 Sunset 24,000 s.f. 23,171.89 s. f. 32,998.69 s.f. 56,171 s.f. Minimum Lot Area (25,200 s.f. VARIATION OF 828.11 SF COMPLIES COMPLIES corner lot) (3.45%) Minimum Lot Width 100 feet 165 feet 105.33 feet 158.67 feet 115 feet (average) COMPLIES COMPLIES COMPLIES (corner lot) Minimum Lot Width 165 feet 35.26 feet 165 feet 20 feet (at front street line) COMPLIES COMPLIES COMPLIES 200 feet 220 feet 206.42 feet Minimum Lot Depth 200 feet COMPLIES COMPLIES COMPLIES Minimum 90 feet Rectangular Area x COMPLIES DOES NOT COMPLY COMPLIES within Lot 181.5 feet Boundaries Table 1 – R-2 Zoning Standards – Proposed Marren’s Resubdivision (October & December Meetings) Table 2 – Amended Marren’s Proposed Lot 1 Proposed Lot 2 Existing Lot Resubdivision 936 Sunset South Lot 936 Sunset R-2 Zoning Standards 24,000 s.f. 28,485 s.f. 27,686 s.f. 56,171 s.f. Minimum Lot Area (25,200 s.f. COMPLIES COMPLIES COMPLIES corner lot) Minimum Lot Width 100 feet 165 feet 125.84 feet 158.67 feet 115 feet (average) COMPLIES COMPLIES COMPLIES (corner lot) Minimum Lot Width 165 feet 62.62 feet 165 feet 20 feet (at front street line) COMPLIES COMPLIES COMPLIES 172.64 feet VARIATION OF 220 feet 206.42 feet Minimum Lot Depth 200 feet 27.36 FT COMPLIES COMPLIES (13.68%) Minimum 90 feet Rectangular Area x COMPLIES COMPLIES COMPLIES within Lot 181.5 feet Boundaries Table 2 – R-2 Zoning Standards – Amended Marren’s Resubdivision Compliance with Zoning Standards – Required Setbacks and Building Size. No additional zoning variations related to building size and setbacks are created with the amended subdivision. In fact, the required setbacks remain the same with the exception of the total side yard setback requirement for Proposed Lot 2, which is increased from 31.6 feet to 37.75 feet. The existing nonconformities that would remain in the Marren’s Resubdivision would also remain in amended subdivision. Tables 3 and 4 on the following page summarize the allowable building size and setback requirements for the proposed lots in the amended Page 6 Page 268 of 547 subdivision. Those items highlighted green are existing nonconformities that would also remain with the amended subdivision. Existing Lot Table 3 – Zoning Setback Proposed Lot 1 Proposed Lot 2 936 Sunset Requirements (Amended Subdivision) 936 Sunset South Lot Minimum Required Front Yard 50 feet 50 feet 50 feet Front yard provided by 49.91 feet 49.91 feet NA EXISTING existing structures NONCONFORMITY Minimum Required Corner Yard 50 feet N/A 50 feet SETBACK REQUIREMENTS 49.52 feet Corner yard provided by 49.52 feet (5.52 feet playhouse) (5.52 feet N/A existing structures EXISTING playhouse) NONCONFORMITY Minimum Required Side Yard 12 feet 12 feet 12 feet Side yard provided by 14.35 feet N/A 14.35 feet existing structures Minimum Required Total Side N/A 37.75 feet N/A Yard Total Side Yard provided N/A N/A N/A by existing structures Minimum Required Rear Yard 25 feet 25 feet 25 feet Rear yard provided by 53.87 feet N/A +160 feet existing structures Table 3 – Zoning Setback Requirements (Amended Marren’s Resubdivision) Table 4 – Zoning Building Size Proposed Lot 1 Proposed Lot 2 Existing Lot Requirements (Amended Subdivision) 936 Sunset South Lot 936 Sunset Maximum Allowed Gross Floor 8,366.55 sq. ft. 8,182.78 sq. ft. 14,734.33 sq. ft. Area (GFA) GFA provided by existing 5,751.63 sq. ft. N/A 5,751.63 sq. ft. ALLOWABLE BUILDING SIZE structures Maximum Allowed Roofed Lot Coverage (RLC) (25% of lot area) 7,121.25 sq. ft. 6,921.5 sq. ft. 14,042.75 sq. ft. RLC provided by existing 4,162.76 sq. ft. N/A 4,162.76 sq. ft. structures Maximum Allowed Impermeable Lot Coverage (ILC) 14,242.5 sq. ft. 13,843 sq. ft. 28,085.5 sq. ft. (50% of lot area) ILC provided by existing 10,667.11 sq. ft. N/A 17,634.56 sq. ft. structures Table 4 – Zoning Building Size Requirements (Amended Marren’s Resubdivision) Page 7 Page 269 of 547 COMPLIANCE WITH SUBDIVISION CODE STANDARDS According to Section 16.12.010, Minimum land subdivision standards of the Subdivision Code, subdivisions shall conform with the Comprehensive Plan and with the minimum standards outlined in Section 16.12.010, such as the street system, street and alley widths, lot size, etc. In addition to the zoning relief requested for the proposed lot depth, and the existing nonconforming improvements that will remain, two variations from Section 16.12.010 of the Subdivision Code are required to allow: (i) the side lot line of Proposed Lot 2 to abut the rear lot line of Proposed Lot 1 (936 Sunset Road); and (ii) creation of a lot with a side lot line that is not perpendicular to the street line (Proposed Lot 2) (Figure 3). Section 16.12.010(D.2) states that “All side lines of lots shall be approximately perpendicular to street lines, or radial to curved street lines unless, in the opinion on the Plan Commission, a variation of the requirement would enhance public safety or convenience.” Also, Section 16.12.010(D.6) states that “No plan for any land subdivision shall be approved if it results in the creation of one or more lots having side lot lines abutting rear lot lines.” Pre-existing zoning nonconformities (finding of No Material Increased Adverse Impact required) – Three existing nonconformities will remain on the 936 Sunset Road parcel (Lot 1). The existing residence on the Subject Property provides a nonconforming front yard setback from the north property line along Sunset Road of 49.91 feet and a corner yard setback of 49.52 feet from the east property line along Higginson Lane, whereas setbacks of 50 feet are required. There is also an existing playhouse that provides a nonconforming corner yard setback of 5.52 feet. These existing nonconformities that will remain are highlighted (in blue) on Table 3 on the previous page. Additionally, the existing residence has a nonconforming front-facing garage door that exceeds the maximum permitted width of 9 feet for an individual door. Page 8 Page 270 of 547 Location of Existing Nonconforming Front Yard Setback that will remain Location of Existing Nonconforming Front-Facing Garage Door that will remain Existing Playhouse & Location of Existing Tennis Court to Nonconforming be Removed to Corner Yard Setbacks Accommodate that will remain Proposed Subdivision Figure 4 - Excerpt of 936 Sunset Road Plat of Survey FINDINGS & RECOMMENDATION The Plan Commission is to consider whether the proposed subdivision is consistent with the Comprehensive Plan and whether the variations listed on the following page comply with Section 16.12.010.F. “Variations and Exceptions”, which states: “Whenever the land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of this section would result in real difficulties and substantial hardships or injustices, the Plan Commission may vary or modify such Page 9 Page 271 of 547 requirements so that the owner is allowed to develop the land in a reasonable manner; provided that, public health, safety, welfare and convenience are protected.” Requested Variations to allow: a. Proposed Lot 1 to provide less than the minimum required lot depth of 200 feet for a lot in the R-2 Single-Family Residential Zoning District; b. A side lot line of Proposed Lot 2 that is not perpendicular to the street line; and c. A side lot line of Proposed Lot 2 that abuts the rear lot line of Proposed Lot 1. Lastly, the Commission is to consider the existence of the nonconforming residence and accessory playhouse on the 936 Sunset Road parcel (Lot 1) that will remain and “shall determine whether such nonconformity, in the context of the proposed subdivision, would result in a material increased adverse impact upon the public health, safety or welfare.” After hearing from the Applicant and the public, the Commission may decide to take action on one or two options: 1) Continue further review of the application to a specific date in order to provide the Applicant and/or staff additional time to address questions and comments from the Commission; or 2) Consider a motion recommending approval or denial of the Final Plat of Subdivision. If the Commission is prepared to make a recommendation to the Village Council regarding the requested relief, a Commissioner may wish to make a motion recommending approval or recommending denial based upon the following: Move to recommend approval [denial] of: The proposed Marren’s Resubdivision Final Plat subdividing the existing lot commonly known as 936 Sunset Road into two new Lots of Record, as the Final Plat of Subdivision, which subdivision requires: A. Variations to allow: a. Proposed Lot 1 to provide less than the minimum required lot depth of 200 feet for a lot in the R-2 Single-Family Residential Zoning District [Section 17.30.010 Lot Area, Shape and Dimensions]; b. A side lot line that is not perpendicular to the street line [Section 16.12.010 Minimum land subdivision standards]; and c. A side lot line abutting a rear lot line [Section 16.12.010 Minimum land subdivision standards]; B. A finding of “No Material Increased Adverse Impact” with respect to the existing zoning nonconformities for the existing improvements on the 936 Sunset Road parcel (Proposed Lot 1): a. the existing residence observes a front yard setback of 49.91 feet from Sunset Road, versus the required front yard setback of 50 feet; b. the existing residence observes a corner yard setback of 49.52 feet from Higginson Lane, versus the required corner yard setback of 50 feet; Page 10 Page 272 of 547 c. an existing playhouse observes a corner yard setback of 5.52 feet from Higginson Lane, versus the required corner yard setback of 50 feet; and d. the existing front-facing garage door exceeds the maximum permitted width of 9 feet for an individual door. C. A finding that the subdivision is [is not] consistent with the Comprehensive Plan. [If the Commission chooses to place conditions as part of its recommendation of approval, it will want to include the conditions here.] ATTACHMENTS Attachment A2: Applicant’s Amended Request and Plat of Subdivision Attachment B2: September 24, 2025, PC Meeting Staff Report and Meeting Minutes Excerpt Attachment C2: Public Correspondence Received Since Posting of September 24, 2025, PC Agenda Packet Page 11 Page 273 of 547 ATTACHMENT A2 CANNING & CANNING LLC 1000 SKOKIE BOULEVARD, SUITE 355 WILMETTE, ILLINOIS 60091 CHRISTOPHER S. CANNING DIRECT DIAL NUMBER (847) 853-7040 chris@canninglegal.com January 21, 2026 VIA HAND DELIVERY Layla Danley Chair, Plan Commission Village of Winnetka c/o Ann Klaassen Assistant Director of Community Development Village of Winnetka 510 Green Bay Road Winnetka, IL 60093 Re: Amended Application for Subdivision at 936 Sunset Road. Dear Chair Danley and Members of the Plan Commission: I am writing on behalf of Robert J. Marren and Susan L. Marren (“Bob and Susan”) regarding their amended application to subdivide the existing 165’ wide lot at 936 Sunset Road (the “Subject Property”) into two lots: one lot containing 28,485 sq. ft (“Lot 1”) and the other lot containing 27,686 sq. ft. (“Lot 2”). As set forth more fully below, Bob and Susan seek to subdivide the Subject Property to preserve the existing home in which they have lived for the last 19 years and to create a new conforming lot. Bob and Susan originally proposed a subdivision in keeping with the two separate lots that existed in 1976 before they were consolidated. The plan required two zoning variations on the proposed Lot 2, specifically for minimum lot area and for minimum rectangular area. Under the amended plat of subdivision, the proposed Lot 1 becomes shorter, but the proposed Lot 2 becomes larger. As a result, if the subdivision is granted, Lot 1 will not meet the minimum lot depth of 200 feet as required in the R-2 Zoning District but will be approximately 172.64 feet. Lot 2 will comply with the minimum lot area and minimum rectangular area and will not require any variations. Therefore, in a separate application, Bob and Susan seek a zoning variation from that requirement. The proposed subdivision also needs a variation from the Subdivision Code. Section 16.12.010.D.2 states “All side lines of lots shall be approximately perpendicular to street line, or radial to curved street lines, unless, in the opinion of the Plan Commission, a variation of the requirement would enhance public safety or convenience.” The amended plat of subdivision Page 274 of 547 January 21, 2026 Page 2 requires a variation to allow the side lot line of Proposed Lot 2 to abut the rear lot line of Proposed Lot 1. For the reasons set forth below, Bob and Susan respectfully request that the Plan Commission recommend the granting of the requested Subdivision Code variation. I. The Subject Property. The Subject Property is located within the R-2 Residential Zoning District. The Subject Property is surrounded by single family homes. The Subject Property has approximately 165’ of frontage on Sunset Road and 215’ of frontage on Higginson Road. At its deepest dimension, the current lot has an approximate depth of 385’. It is improved with a single-family residence and a tennis court. Bob and Susan intend to subdivide the Subject Property into two lots. Lot 1 will have a lot area of 28,485 square feet. The existing home and garage will occupy Lot 1. Lot 2 will have a lot area of 27.686 square feet. Lot 2, which once was the site of a tennis court, will now be available for green space, a recreational area, or a new home. II. The original subdivision application. Bob and Susan’s original plan of subdivision has two goals. Bob and Susan sought to subdivide the Subject Property to maintain the location of the existing home on Lot 1. On Lot 2, Bob and Susan sought to restore the lot to the status it held prior to the 1976 lot consolidation. In 1976, both the lot at 936 Sunset Road and the lot to the south were located within the R-2 Zoning District. Since the square footage of each of the lots was greater than one half acre, both lots were conforming under the then existing Zoning Ordinance. Even though the two lots were conforming, the Village of Winnetka required the prior owner, Mr. Seabury, to apply for a lot consolidation presumably because the current interpretation of the Zoning Ordinance was that accessory uses to permitted uses must be on the same lot of record. Mr. Seabury told the Plan Commission that he wanted to put a tennis court on the south lot. The Plan Commission unanimously approved the consolidation. In 2025, Bob and Susan filed a plat of subdivision seeking to return the two lots to their pre-1976 configurations. On September 24, 2025, the Plan Commission held a public hearing the plat of subdivision. After hearing from the applicant and neighbors, the Commission by a vote of 6-1 recommended approval of the request with a condition that the existing nonconforming playhouse be removed or relocated to comply with the zoning regulations. Under the original proposed plat of subdivision, the proposed Lot 1 was conforming in all material respects, but Lot 2 did not meet the minimum rectangular buildable area requirement and the minimum lot area requirement. Therefore, Bob and Susan sought zoning variations in relation to those requirements. Page 275 of 547 January 21, 2026 Page 3 III. The amended subdivision application. After attending two Zoning Board meetings, receiving feedback from the Commission, the Board and neighbors, Bob and Susan have amended their subdivision application. Under the amended plat of subdivision, the lot line between the two proposed lots is moved 27.36 feet north. As a result, proposed Lot 1 does not comply with the minimum lot depth requirement of 200 feet. However, both proposed lots comply with the minimum required lot area and minimum rectangular area which they did not under the original proposed subdivision. The amended plat of subdivision does not create any additional zoning variations related to building size and setbacks. The proposed plat of subdivision will require one Subdivision Code variation. Section 16.12.010.D.2 states “All side lines of lots shall be approximately perpendicular to street line, or radial to curved street lines, unless, in the opinion of the Plan Commission, a variation of the requirement would enhance public safety or convenience.” The amended plat of subdivision requires a variation to allow the side lot line of Proposed Lot 2 to abut the rear lot line of Proposed Lot 1. IV. Standards of Review. Pursuant to the Village of Winnetka Code and Zoning Ordinance, any application to subdivide a parcel must meet the requirements of Chapter 16 of the Code related to Subdivisions and §17.30.010 and 17.30.020 of the Zoning Ordinance setting forth the yard regulations for the R-2 Residential zoning district. Chapter 16.12.10 D requires subdivided lots to adhere to the following standards: 1. All lots created by any plan for land subdivision shall comply with all standards of the Zoning Ordinance, except as provided in this chapter. 2. All side lines of lots shall be approximately perpendicular to street lines, or radial to curved street lines unless, in the opinion of the Plan Commission, a variation of the requirement would enhance public safety or convenience. 3. All lots created by any plan for land subdivision shall meet the lot area requirements of the Zoning Ordinance. All lot area calculations shall exclude all easements for ingress and egress, all public or private streets, all public or private alleys, and the access corridor, or “flagpole,” of any flag lot. 4. Where a lot is already improved with buildings or structures, the plan shall show whether the dimensions and locations of such improvements comply with the use, intensity of use of lot (including impermeable surface requirements), setback, side yard, rear yard and other bulk requirements of the Zoning Ordinance then in effect. If a prior legal nonconformity, or a previously granted variation, with respect to any such requirements exists, the Plan Commission shall determine whether such nonconformity or previously granted variation, in the context of the proposed subdivision, would result in a material increased adverse impact upon the public health, safety or welfare. If such a determination is made, the Plan Commission may deny the plan for land subdivision. No plan for land subdivision which itself creates a departure from such requirements shall be approved by the Plan Commission until such time as a variation for Page 276 of 547 January 21, 2026 Page 4 such departure is granted by the Zoning Board of Appeals or the Village Council, as the case may be, in accordance with the Zoning Ordinance. 5. At intersections with major streets, acute angle intersections and other places where, in the opinion of the Plan Commission, safety or convenience of traffic movement would be enhanced, corners shall be cut back by joining the intersecting street lines through circular arcs having adequate radii. 6. No plan for any land subdivision shall be approved if it results in the creation of one or more lots having side lot lines abutting rear lot lines. 7. All lots created by any plan for land subdivision shall meet the lot depth requirements of the Zoning Ordinance. Notwithstanding the foregoing, the access corridor, or “flagpole,” shall be excluded when measuring the lot depth of a flag lot. 8. All lots created by any plan for land subdivision shall meet the lot width requirements of the Zoning Ordinance. Notwithstanding the foregoing, all new flag lots shall meet the minimum lot width requirements of the Zoning Ordinance, both as measured by excluding the access corridor, or “flagpole,” and as measured by including the access corridor or “flagpole.” 9. All lots created by any plan for land subdivision shall meet all yard and setback requirements of the Zoning Ordinance. Notwithstanding the foregoing, for any flag lot that has a front street line that is less than fifty (50) feet long and that is at least seventy-five (75) feet wide at its widest point, all yards and setbacks shall be measured based both on using the actual front street line as the front lot line, and on using as the front lot line the lot line from which the Director determines the front setback shall be measured for development purposes. Bob and Susan’s request for a subdivision complies with or seeks to comply through variances as permitted under the Code with these requirements in the following ways: 1. It is Bob and Susan’s belief that the two amended lots meet the standards of the Zoning Ordinance except for lot depth on proposed Lot 1. By their application to the Zoning Board, Bob and Susan seek a variation from this requirement since they did not create the situation. 2. Bob and Susan require a variation from this standard and it will be addressed below. 3. This standard is met. 4. Bob and Susan believe that this standard is met. The existing home on the proposed Lot 1 was a conforming structure when built. Maintaining the home on Lot 1 and subdividing the Subject Property will not result in a material increase or adverse impact upon the public health, safety, or welfare. 5. This standard is inapplicable. 6. Bob and Susan seek a variation from this requirement. 7. Bob and Susan are seeking a zoning variation to the lot depth requirement. 8. This standard is met. 9. This standard is met. To the extent that the subdivision standards are not met, the Code permits the Plan Commission to recommend the granting of variations under the following circumstances: Variations and Exceptions. Whenever the land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of this Page 277 of 547 Page 278 of 547 CANNING & CANNING LLC 1000 SKOKIE BOULEVARD, SUITE 355 WILMETTE, ILLINOIS 60091 CHRISTOPHER S. CANNING DIRECT DIAL NUMBER (847) 853-7040 chris@canninglegal.com January 12, 2026 VIA HAND DELIVERY Matthew Bradley, Chair Zoning Board of Appeals Village of Winnetka c/o Ann Klaassen Assistant Director of Community Development Village of Winnetka 510 Green Bay Road Winnetka, IL 60093 Re: Amended request for Variations related to Application for Subdivision at 936 Sunset Road. Dear Chairperson Bradley and Members of the Zoning Board: I am writing on behalf of Robert J. Marren and Susan L. Marren (“Bob and Susan”) regarding their amended application to subdivide the existing 165’ wide lot at 936 Sunset Road (the “Subject Property”) into two lots: one lot containing 28,485 sq. ft (“Lot 1”) and the other lot containing 27,686 sq. ft. (“Lot 2”). As set forth more fully below, Bob and Susan seek to subdivide the Subject Property to preserve the existing home in which they have lived for the last 19 years and to create a new conforming lot. Bob and Susan originally proposed a subdivision in keeping with the two separate lots that existed in 1976 before they were consolidated. The plan required two zoning variations on the proposed Lot 2, specifically for minimum lot area and for minimum rectangular area. Under the amended plat of subdivision, the proposed Lot 1 becomes shorter but the proposed Lot 2 becomes larger. As a result, if the subdivision is granted, Lot 1 will not meet the minimum lot depth of 200 feet as required in the R-2 Zoning District but will be approximately 172.64 feet. Lot 2 will comply with the minimum lot area and minimum rectangular area and will not require any variations. Therefore, Bob and Susan seek a variation Page 279 of 547 January 12, 2026 Page 2 from that requirement. The proposed subdivision will need a variation from the Subdivision Code. Bob and Susan have applied to the Plan Commission to grant that variation. The Plan Commission will hear the matter on February 25, 2026. For the reasons set forth below, Bob and Susan respectfully request that the Zoning Board recommend the granting of the requested zoning variation. I. The Subject Property. The Subject Property is located within the R-2 Residential Zoning District. The Subject Property is surrounded by single family homes. The Subject Property has approximately 165’ of frontage on Sunset Road and 215’ of frontage on Higginson Road. At its deepest dimension, the current lot has an approximate depth of 385’. It is improved with a single-family residence and a tennis court. Bob and Susan intend to subdivide the Subject Property into two lots. Lot 1 will have a lot area of 28,485 square feet. The existing home and garage will occupy Lot 1. Lot 2 will have a lot area of 27.686 square feet. Lot 2, which once was the site of a tennis court, will now be available for green space, a recreational area, or a new home. II. The original subdivision application. Bob and Susan’s original plan of subdivision has two goals. Bob and Susan sought to subdivide the Subject Property to maintain the location of the existing home on Lot 1. On Lot 2, Bob and Susan sought to restore the lot to the status it held prior to the 1976 lot consolidation. In 1976, both the lot at 936 Sunset Road and the lot to the south were located within the R-2 Zoning District. Since the square footage of each of the lots was greater than one half acre, both lots were conforming under the then existing Zoning Ordinance. Even though the two lots were conforming, the Village of Winnetka required the prior owner, Mr. Seabury, to apply for a lot consolidation presumably because the current interpretation of the Zoning Ordinance was that accessory uses to permitted uses must be on the same lot of record. Mr. Seabury told the Plan Commission that he wanted to put a tennis court on the south lot. The Plan Commission unanimously approved the consolidation. Now that Bob and Susan’s children have grown and the tennis court is no longer used, they seek to undo the 1976 consolidation and return the proposed Lot 2 to its prior status as a separate lot. Under the original proposed plat of subdivision, the proposed Lot 1 was conforming in all material respects but Lot 2 did not meet the minimum rectangular buildable area requirement and the minimum lot area requirement. Therefore, Bob and Susan sought variations in relation to those requirements. III. The Amended Subdivision application. After attending two Zoning Board meetings, receiving feedback from the Board and neighbors, Bob and Susan have amended their subdivision application. Under the amended plat Page 280 of 547 January 12, 2026 Page 3 of subdivision, the lot line between the two proposed lots is moved 27.36 feet north. As a result, proposed Lot 1 does not comply with the minimum lot depth requirement of 200 feet. However, both proposed lots comply with the minimum required lot area and minimum rectangular area which they did not under the original proposed subdivision. The amended plat of subdivision does not create any additional zoning variations related to building size and setbacks. The proposed plat of subdivision will require one Subdivision Code variation and the Plan Commission will consider that variation. IV. Standards of Review for variations. For the Zoning Board to grant the requested variation, the Zoning Board requires evidence on the following issues: 1. that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district; 2. that the plight of the owner is due to unique circumstances; 3. that the variation, if granted, will not alter the essential character of the locality; 4. that an adequate supply of light and air to adjacent property will not be impaired; 5. that the hazard from fire and other damages to the property will not be increased; 6. that the taxable value of land and buildings throughout the Village will not diminish; 7. that the congestion in the public street will not increase; and 8. that the public health, safety, comfort, morals, and welfare of the inhabitants of the Village will not be otherwise impaired. Bob and Susan’s request for variation meets each of these standards: Bob and Susan bought their home in 2006 at the height of the housing market. See Rodkin, D. (2019, September 25), Home prices peaked here in 2006. We’re still way behind that. Crain’s Chicago Business. https://www.chicagobusiness.com/residential-real-estate/home-prices- peaked-here-2006-were-still-way-behind. Since that time, Bob and Susan have made numerous improvements to their home. Despite these improvements and the post-Pandemic housing market, they have received unsolicited offers to purchase the current home and the current lot that do not permit Bob and Susan to make a reasonable return on the investment in their home and improvements. Certainly, the value of their home has not kept up with the rate of inflation or the stock market returns. Bob and Susan believe that the sale of Lot 2 combined with the eventual sale of their home on Lot 1 may yield a reasonable return. Bob and Susan’s situation was not created by them but due to the unusual conditions they face 49 years after the lots were consolidated. As discussed above, the two lots were conforming lots of record when the consolidation occurred. After the 1999 zoning amendment, the original proposed Lot 2 now became non-conforming in Lot Area. That amendment occurred well before Bob and Susan owned the Subject Property. The minimum rectangular area requirement was also created after the 1976 consolidation. By permitting the subdivision, Lots 1 and 2 will now be Page 281 of 547 Page 282 of 547 Page 283 of 547 ATTACHMENT B2 MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: ANN KLAASSEN, ASSISTANT DIRECTOR DATE: SEPTEMBER 18, 2025 SUBJECT: 936 SUNSET ROAD – FINAL PLAT APPROVAL MARREN’S RESUBDIVISION (CASE NO. 25-16-SD) INTRODUCTION On September 24, 2025, the Plan Commission is scheduled to hold a public hearing on an application submitted by Robert and Susan Marren (collectively, the “Applicant”), as the owners of the property located at 936 Sunset Road (the “Subject Property”), to allow a two-lot subdivision of the Subject Property. The Applicant has filed applications seeking the following approvals as part of a Final Subdivision Plat approval to create two new Lots of Record: 1. Zoning Variations to allow Proposed Lot 2 to: a. Provide less than the minimum required lot area of 24,000 square feet for an interior lot in the R-2 Single-Family Residential Zoning District; and b. Provide less than the minimum required rectangular buildable area of 16,335 square feet in the R-2 Single Family Residential Zoning District; 2. A variation from the Subdivision Code to allow the side lot line of Proposed Lot 2 to abut the rear lot line of Proposed Lot 1 (936 Sunset Road); 3. A finding of “No Material Increased Adverse Impact” for the existing improvements at 936 Sunset Road (Proposed Lot 1), which: a. Observe less the minimum required front yard setback of 50 feet from Sunset Road; b. Observe less than the minimum required corner yard setback of 50 feet from Higginson Lane; and a. Exceed the maximum permitted width for front-facing garage doors. This application is limited to the subdivision request and the existing improvements, no proposed improvements to the Subject Property are included in this request. The Plan Commission is charged with making a recommendation to the Village Council regarding the subdivision, including the requested relief described above. Because the proposed subdivision incorporates zoning relief, the application is subject to review by the Zoning Board of Appeals (ZBA) for the variations. The ZBA is scheduled to consider the request on October 13, 2025. A mail notice was sent to property owners within 250 feet in compliance with the Village Code. The hearing was also properly noticed in the Winnetka Talk on September 4, 2025. As of the date of this memo, staff has not received any written comments from the public regarding this application. Page 1 Page 284 of 547 PROPERTY DESCRIPTION The Subject Property is located on the southwest corner of the intersection of Sunset Road and Higginson Lane, is zoned R-2 Single Family Residential, and currently consists of one buildable lot. The Subject Property contains a two-story single-family residence, accessory playhouses, and a tennis court. The existing lot measures 56,171 square feet (1.29 acres); the lot and the existing improvements are illustrated below in Figure 1. Sunset Road Higginson Lane Figure 1 – Existing Lot The Comprehensive Plan designates the Subject Property as appropriate for “Single-Family Residential” uses (Figure 2). The Subject Property is located in a residential area with single-family residences. The Land Use Map designates the surrounding properties as appropriate for “Single-Family Residential” uses. Subject Property Figure 2 – Comprehensive Plan Land Use Map Page 2 Page 285 of 547 The Comprehensive Plan also contains the following vision statement and goal relevant to the proposed application: Pillar 1: Quality Liveable Neighborhoods Vision Statement: A community of connected neighborhoods with safe, pedestrian-oriented streets, tree-lined parkways, and a variety of well- maintained housing offerings to meet the needs of all of its residents and create a unique and powerful sense of place. Goal 1.1: The Village will encourage renovation of existing homes and construction of new homes to be contextually consistent with existing single-family housing in its neighborhood. Initiative 1.1.6: Strengthen and maintain the rich and diverse character of the Village’s neighborhoods and sense of identity by highlighting each neighborhood’s unique elements that contribute positively to the Village. The Subject Property is zoned R-2 Single Family Residential, and it is surrounded by the same (Figure 3). The Applicant’s use of the Subject Property for a single-family residence is consistent with the Comprehensive Plan land use designation and the R-2 zoning district. Subject Property Figure 3 – Zoning Map PROPERTY HISTORY AND PREVOIUS ZONING APPLICATIONS The existing residence on the Subject Property was constructed in 1955. The following subsequent building permits were issued in: 1. 1963 to remodel the basement, add a dormer over the garage, and a second-floor bathroom; 2. 1976 to enlarge a porch and add a greenhouse; 3. 1992 to construct a dormer on the west elevation; and 4. 2009 to remodel the kitchen, breakfast room, and mudroom. Other minor permits have also been issued over the last several years. The Applicant acquired the property in 2006. There are three previous zoning cases on file for the Subject Property: Page 3 Page 286 of 547 1. In 1955, ZBA Case No. 871 was denied by the ZBA to allow construction of a new single-family residence within the minimum required corner yard setback from the east property line along Higginson Lane; 2. In July 1976, ZBA Case No. 1171 was approved by the Village Council to allow tennis court fencing 10 feet in height, subject to the property being consolidated into a single Lot of Record; 3. In November 1976, the Seabury Consolidation was approved by the Village Council consolidating two lots into the existing parcel. The Subject Property was originally platted as two lots, in a fashion similar to what is now being requested. The 1976 consolidation was submitted in order to allow construction of a tennis court, which would straddle the lot line between two lots. The tennis court prompting the consolidation of the then-two lots can be seen in current plats of survey and maps included throughout this report; and 4. On January 13, 2014, the ZBA considered Case No. 14-01-V2 to allow a two lot subdivision for which one of the proposed lots required variations from the minimum required lot area and the minimum rectangular buildable area. After hearing from the Applicant and the public, the Board discussed the request. Members found that the standards for granting a variation were not adequately addressed. At the request of the Applicant, the item was continued to the next ZBA meeting. Then in March 2014, prior to returning to the ZBA, or having the proposed subdivision considered by the Plan Commission, the Applicant withdrew the application. Minutes of the January 2014 ZBA meeting are included in this report as Attachment C. The proposed subdivision and the associated relief currently before the Commission is the same as what was proposed in 2014. GENERAL DESCRIPTION OF PROPOSED PLAT OF SUBDIVISION As described in the written narrative provided by the Applicant and included in Attachment A, they reside at 936 Sunset Road and are seeking approval to subdivide the existing single lot into two lots. The existing tennis court on the Subject Property would be removed to accommodate the proposed lots. The proposed subdivision would restore the Subject Property to its original configuration that existed prior to the 1976 Seabury Consolidation. The proposed subdivision would create two new lots that would measure: • 32,998.69 square feet (0.76 acres) – Proposed Lot 1 – 936 Sunset Road (north lot) • 23,171.89 square feet (0.53 acres) – Proposed Lot 2 (south lot, fronting on Higginson Lane) A neighborhood view of the proposed subdivision is represented in Figure 4 on the following page. An excerpt of the proposed Marren’s Resubdivision is provided in Figure 5. Page 4 Page 287 of 547 Proposed Lot 1 (936 Sunset Road) Proposed Lot 2 Figure 4 – Proposed Subdivision (Neighborhood Map View) Figure 5 – Excerpt of Marren’s Resubdivision Plat Page 5 Page 288 of 547 DESCRIPTION OF ZONING STANDARDS The Subject Property is located in the R-2 Single Family Residential zoning district, which is one of five different single family residential zoning classifications in the Village. The R-2 zoning district provides for larger, wider lots compared to most other residential zoning districts, with the R-2 zoning district’s purpose statement describing the district as demonstrating a “small estate” character. Residential Zoning Hierarchy A comparison of the Village’s five different residential zoning classifications (Table 1 below) shows the hierarchy of zoning standards throughout the Village’s residential neighborhoods, ranging from larger “estate” character lots in portions of the Village, to smaller, more intensive developed areas. Surrounding Zoning Neighboring properties of the Subject Property are similarly zoned for larger lot sizes called for in the R-2 zoning district (minimum lot area of 24,000 square feet), as depicted in Figure 3 earlier in this report. Lots in the surrounding neighborhood were first developed under the Village’s R-2 Zoning classification, which at that time required a minimum lot area of 21,780 square feet (1/2 acre). The Village would later increase the minimum lot area in all residential zoning districts in 1999, increasing the minimum lot area for the R- 2 district from 21,780 square feet to 24,000 square feet for interior lots. Table 1 R-1 R-2 R-3 R-4 R-5 Residential Zoning (“estate” (“small (“moderately intense” (“relatively intense” (“relatively intense” Hierarchy character) estate” suburban character) suburban character) suburban character) character) 48,000 s.f. 24,000 s.f. Minimum Lot 16,000 s.f. 12,600 s.f. 8,400 s.f. (50,400 s.f. (25,200 s.f. Area (16,800 s.f. corner lots) (13,300 s.f. corner lots) (8,900 s.f. corner lots) corner lots) corner lots) 100 ft. Minimum Lot 75 ft. 60 ft. 60 ft. 150 ft. 115 ft. Width (85 ft. corner lots) (70 ft. corner lots) (70 ft. corner lots) (corner lots) Minimum Front 50 ft. 50 ft. 40 ft. 30 ft. 30 ft. Setback Minimum Rear 50 ft. 25 ft. 25 ft. 25 ft. 25 ft. Setback Table 1 – Residential Zoning Hierarchy COMPLIANCE WITH ZONING STANDARDS – LOT SIZE AND DIMENSIONS All subdivisions are evaluated by staff at the time of application to assure compliance with basic minimum quantitative measures including, but not limited to (a) minimum lot area, (b) minimum lot width, and (c) minimum lot depth. The proposed Marren’s Resubdivision does not comply with two provisions of the Zoning Ordinance related to lot area and dimensions. The proposed southerly lot (Lot 2 fronting on Higginson Lane), measuring 23,171.89 square feet, does not comply with (a) the minimum lot area of 24,000 square feet and in a related standard, does not meet (b) the minimum rectangular area. The extent to which the proposed lots comply with minimum zoning standards is summarized in Table 2 on the following page. Page 6 Page 289 of 547 Rectangular Area Requirement. In order to effectively control the overall shape and size of irregularly shaped lots, in the R-2 District, zoning requirements include a minimum lot area of 24,000 square feet for an interior lot, as well as a requirement that a lot have a rectangular area of at least 16,335 square feet. The rectangular area is further qualified, being described as requiring a minimum dimension for each leg of 90 feet. Figure 6 below, prepared by staff for the Applicant in 2007, depicts in yellow, the extent to which Proposed Lot 2 (south lot, fronting on Higginson Lane) is not able to contain the minimum rectangular area (measuring 90 feet by 181.5 feet) within its boundaries. The minimum rectangular area is thought to have originated due to the existence of areas in the village such as ravine areas where terrain or other natural features make regular, rectangular lots impossible. The minimum rectangular area standard has the intended effect of assuring that irregularly shaped lots, when contemplated, still provide an adequate concentration of lot area on which to build. Figure 6 – Minimum Rectangular Area – Proposed Lot 2 (South Lot) Section 16.12.010, Minimum land subdivision standards of the Subdivision Code, requires all lots created by any plan for land subdivision shall comply with all standards of the Zoning Ordinance. Hence, the proposed subdivision requires approval of variations (standards highlighted yellow in Table 2) for which both the Plan Commission and Zoning Board of Appeals are charged with making a recommendation to the Village Council. Page 7 Page 290 of 547 Table 2 Proposed Lot 1 Proposed Lot 2 Existing Lot R-2 Zoning Standards 936 Sunset South Lot 936 Sunset 24,000 s.f. 23,171.89 s. f. 32,998.69 s.f. 56,171 s.f. Minimum Lot Area (25,200 s.f. VARIATION OF 828.11 SF COMPLIES COMPLIES corner lot) (3.45%) Minimum Lot Width 100 feet 165 feet 105.33 feet 158.67 feet 115 feet (average) COMPLIES COMPLIES COMPLIES (corner lot) Minimum Lot Width 165 feet 35.26 feet 165 feet 20 feet (at front street line) COMPLIES COMPLIES COMPLIES 200 feet 220 feet 206.42 feet Minimum Lot Depth 200 feet COMPLIES COMPLIES COMPLIES Minimum 90 feet Rectangular Area x COMPLIES DOES NOT COMPLY COMPLIES within Lot 181.5 feet Boundaries Table 2 – R-2 Zoning Standards COMPLIANCE WITH ZONING STANDARDS – REQUIRED SETBACKS AND BUILDING SIZE The allowable size of buildings on a residential lot and the required amount of open space around the buildings is dictated by the Village Zoning Ordinance. As a general rule, the allowable size of buildings and the setback requirements for those buildings change with any modifications to lot dimensions. As a result, staff conducts analyses of proposed lots and the improvements on those lots to determine (a) whether any new zoning nonconformities would be created by the resubdivision and (b) whether there are any existing zoning nonconformities which will remain. In the event of a zoning nonconformity arising out of a proposed subdivision, relief must be granted by both the Plan Commission and Zoning Board of Appeals. Staff evaluation of the proposed Marren’s Resubdivision is summarized in Tables 3 and 4 on the following pages, indicating the extent to which the proposed lots comply with (or fall short of) zoning standards. Those items highlighted green are existing nonconformities that would remain with the proposed subdivision. Page 8 Page 291 of 547 Existing Lot Table 3 – Zoning Setback Proposed Lot 1 Proposed Lot 2 936 Sunset Requirements 936 Sunset South Lot Minimum Required Front Yard 50 feet 50 feet 50 feet Front yard provided by 49.91 feet 49.91 feet NA EXISTING existing structures NONCONFORMITY Minimum Required Corner Yard 50 feet N/A 50 feet 49.52 feet SETBACK REQUIREMENTS Corner yard provided by 49.52 feet (5.52 feet playhouse) N/A existing structures (5.52 feet playhouse) EXISTING NONCONFORMITY Minimum Required Side Yard 12 feet 12 feet 12 feet Side yard provided by 14.35 feet N/A 14.35 feet existing structures Minimum Required Total Side N/A 31.6 feet N/A Yard Total Side Yard provided N/A N/A N/A by existing structures Minimum Required Rear Yard 25 feet 25 feet 25 feet Rear yard provided by 81.23 feet N/A +160 feet existing structures Table 3 – Zoning Setback Requirements Table 4 – Zoning Building Size Proposed Lot 1 Proposed Lot 2 Existing Lot Requirements 936 Sunset South Lot 936 Sunset Maximum Allowed Gross Floor 9,404.7 sq. ft. 7,144.53 sq. ft. 14,734.33 sq. ft. Area (GFA) GFA provided by existing 5,751.63 sq. ft. N/A 5,751.63 sq. ft. structures ALLOWABLE BUILDING SIZE Maximum Allowed Roofed Lot Coverage (RLC) (25% of lot area) 8,249.67 sq. ft. 5,792.97 sq. ft. 14,042.75 sq. ft. RLC provided by existing 4,162.76 sq. ft. N/A 4,162.76 sq. ft. structures Maximum Allowed Impermeable Lot Coverage 16,499.34 sq. ft. 11,585.94 sq. ft. 28,085.5 sq. ft. (ILC) (50% of lot area) ILC provided by existing 10,667.11 sq. ft. N/A 17,634.56 sq. ft. structures Table 4 – Zoning Building Size Requirements COMPLIANCE WITH SUBDIVISION CODE STANDARDS All changes to the configuration of parcels of land are classified as Land Subdivisions under the Village Code and are subject to review by the Plan Commission and approval by the Village Council. As part of that review process, resubdivisions are subject to review for compliance with both the Village Subdivision Page 9 Page 292 of 547 Code as well as the Zoning Ordinance. According to Section 16.12.010, Minimum land subdivision standards of the Subdivision Code, subdivisions shall conform with the Comprehensive Plan and with the minimum standards outlined in Section 16.12.010, such as the street system, street and alley widths, lot size, etc. In addition to the zoning relief requested for the proposed lot size and shape, and the existing nonconforming improvements that will remain, Section 16.12.010(D.6) states that “No plan for any land subdivision shall be approved if it results in the creation of one or more lots having side lot lines abutting rear lot lines.” The proposed subdivision does result in the rear lot line of Proposed Lot 1 abutting the side lot line of Proposed Lot 2 (Figure 7). Section 16.12.010(F) [Minimum land subdivision standards – Variations and Exceptions] of the Subdivision Code states that “Whenever the land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of this section would result in real difficulties and substantial hardships or injustices, the Plan Commission may vary or modify such requirements so that the owner is allowed to develop the land in a reasonable manner; provided that, public health, safety, welfare and convenience are protected.” The Commission will want to consider this standard as it considers the variation requests from the following requirements: (i) minimum lot area; (ii) minimum rectangular area; and (iii) the creation of a lot with a side lot line abutting a rear lot line. Rear Lot Line of Proposed Lot 1 Abutting Side Lot Line of Proposed Lot 2 Figure 7 – Rear Lot Line Pre-existing zoning nonconformities (finding of No Material Increased Adverse Impact required) – Three existing nonconformities will remain on the 936 Sunset Road parcel (Lot 1). The existing residence on the Subject Property provides a nonconforming front yard setback from the north property line along Sunset Road of 49.91 feet and a corner yard setback of 49.52 feet from the east property line along Higginson Lane, whereas setbacks of 50 feet are required. There is also an existing playhouse that provides a nonconforming corner yard setback of 5.52 feet. These existing nonconformities that will remain are highlighted (in blue) on Table 3 on the previous page. Additionally, the existing residence has a nonconforming front-facing garage door that exceeds the maximum permitted width of 9 feet for an individual door. Page 10 Page 293 of 547 Location of Existing Nonconforming Front Yard Setback that will remain Location of Existing Nonconforming Front-Facing Garage Door that will remain Location of Existing Nonconforming Corner Yard Setbacks that will remain Figure 8 – Excerpt of 936 Sunset Road Plat of Survey Pursuant to Section 16.12.010(D) of the Subdivision Code, in the instance of such nonconformities, the Plan Commission must consider the existence of such nonconformities, and “shall determine whether such nonconformity, in the context of the proposed subdivision, would result in a material increased adverse impact upon the public health, safety or welfare.” In terms of conformance with the Comprehensive Plan, the proposed subdivision conforms with the Comprehensive Plan as the Land Use Map designates the Subject Property as appropriate for single-family residential uses, which are the proposed uses of the subdivided lots. Page 11 Page 294 of 547 FLOODPLAIN AND STORMWATER The proposed subdivision consists of creating two new lots; one lot would contain the existing residence and the other would be a vacant lot to be developed. As noted earlier, no improvements are currently proposed on either of the lots. As represented in Figure 9 below, the Subject Property lies entirely within the 100-year floodplain. The cyan represents the 100-year flood area and the orange represents the 500- year flood area. As a result, development on both lots is subject to the Village’s Flood Hazard Protection Ordinance and the Metropolitan Water Reclamation District (MWRD) Water Management Ordinance (WMO). Subject Property Figure 9 – GIS Floodplain Map For construction or site work in the floodplain, compensatory storage is required. Compensatory storage is an excavated area that provides an equivalent volume (1:1 ratio of cut/fill) of storage that balances the loss of natural floodplain storage when artificial fill or structures have been placed within the floodplain, ensuring that there is no net fill within the floodplain. From a site development standpoint, it’s also worth noting that the Village Flood Hazard Protection regulations restrict the depth and location of compensatory storage. In no case shall the depth of excavation for any compensatory storage in the front and side yards of the lot exceed 18 inches, as measured from the previously existing natural grade. Also, compensatory storage may be constructed with retaining walls, provided that the retaining walls are not constructed along the sides of the storage area adjacent to a property line. The Village Engineering Department has reviewed the proposed subdivision and has provided the following comments specific to the development of Proposed Lot 2 (south lot): 1. The elevation of the floodplain at this location is 625.3. To meet Village requirements, the top of the foundation for a new residence would need to be at an elevation of 627.3, which is approximately 4 feet above the elevation of Higginson Lane; 2. Any new residential development would require the installation of stormwater detention and possible compensatory storage for any proposed increases in grading of the lot. Because the proposed lot is currently undeveloped, the Village will require a larger detention volume than what is typical for an existing developed lot; 3. Installation of detention or above ground compensatory storage will be very difficult to achieve due to easements and setbacks. It is recommended that the Applicant provide an exhibit of the Page 12 Page 295 of 547 lot showing all easements, rights-of-way, and setbacks to show maximum building footprint and available space for detention/compensatory storage; 4. Home should be built on a crawl space foundation with openings in the foundation to allow for the pass through of stormwater. This would require all mechanical equipment to be placed at a minimum elevation of 627.3, above the base flood elevation (BFE). The maximum allowable crawl space height shall not exceed 5 feet; 5. Due to grade concerns from the roadway to the proposed structure, any proposed driveway may have a steep slope. To address this grading issue, any proposed garage floor elevation may be below the BFE. The property owner would need to design a garage with openings to allow for the passing of stormwater through the foundation walls. In response to the Village Engineering comments above, the Applicant has provided an engineering exhibit of a possible house on the proposed vacant lot to help address the engineering comments (Figure 10). The exhibit represents a proposed house with the following characteristics: a. No basement. House planned on a flowable crawl space with vented openings to allow floodwater to enter and drain out of the crawl space, which would be less than 5 feet in height; b. First floor elevation of 627.5 and an attached garage elevation of 626.5. The garage and a portion of the driveway would also be built on a flowable crawl space; c. Proposed compensatory storage would be provided as surface storage and be graded to drain to the Skokie Ditch (easement along southwest portion of lot). The stormwater detention would be provided in an underground vault with a pumped discharge to the Skokie Ditch; and d. A building footprint of approximately 2,500 square feet in addition to an attached garage with a footprint of 650 square feet. Detention Vault Surface Compensatory Existing Stormwater Conveyance Storage Easement (“Skokie Ditch”) (southwesterly 33 feet of lot) Figure 10 – Engineering Exhibit Provided by Applicant for Proposed Lot 2 (South Lot) Page 13 Page 296 of 547 The Village Engineering Department has reviewed the exhibit above and has the following general comments: • Compensatory storage within the easement: The Engineering Department reached out to MWRD to confirm that surface compensatory storage would be allowed within the stormwater conveyance easement. MWRD confirmed that compensatory storage in the easement is acceptable provided it will not interfere with storm water conveyance. Fill within the easement is not allowed. • Attached garage: The garage must meet all requirements for unfinished areas below the flood protection elevation. It may only be used for parking of vehicles, building access, or storage. It must be designed with flood vent openings to equalize hydrostatic flood forces on exterior walls. Stormwater. For new development within the Village each site must manage its stormwater on-site and not cause additional stormwater runoff onto adjacent properties. New home construction on a previously undeveloped lot, such as Proposed Lot 2, requires stormwater detention. It is important to note that stormwater detention is in addition to any required floodplain compensatory storage. In order to provide detention, the site must be engineered to pick up the runoff from the site (house, impermeable surfaces). This is typically achieved with a combination of grading, storm sewers, storm inlet structures, depressional storage, or underground storage. The site is graded to create low points, where storm inlets are placed to collect the runoff from the site. This runoff is then conveyed, via a storm sewer system into the stormwater detention facility, be it depressional storage, underground pipe or vault storage, or a combination of these methods. As the stormwater is being collected and detained on-site, the release of this stormwater into the public storm system is restricted on its release rate before entering the public system. Any future improvements on either lot will be evaluated by Village Engineering staff for compliance with Village floodplain development regulations and stormwater regulations, upon submittal of permits necessary for site improvements. COMMISSION CONSIDERATION The Village Code does not require an applicant to obtain preliminary plat approval as a precondition of final plat approval. In this case, the Applicant has chosen to directly proceed with the final plat review. In addition to evaluating prescriptive standards of the zoning and subdivision code, consideration of Final Subdivision Plat approval also needs to consider the details of the final plat such as utility easements, final plat formatting and related matters. The Village Water & Electric Department has reviewed the proposed subdivision and is requesting an easement to cover the existing transformer and high voltage underground wires on the Subject Property. The 5-foot wide easement would be located in the southwesterly corner of Proposed Lot 2. Figure 11 on the following page is an excerpt of the plat of subdivision with the easement outlined in red. With respect to plat formatting, all of the necessary signature blocks are provided on the plat of subdivision. Page 14 Page 297 of 547 Utility Easement Requested by Village Water & Electric Figure 11 – Excerpt of Plat of Subdivision - Utility Easement FINDINGS & RECOMMENDATION The Plan Commission is to consider whether the proposed subdivision is consistent with the Comprehensive Plan and whether the variations listed below comply with Section 16.12.010.F. “Variations and Exceptions”, which states: “Whenever the land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of this section would result in real difficulties and substantial hardships or injustices, the Plan Commission may vary or modify such requirements so that the owner is allowed to develop the land in a reasonable manner; provided that, public health, safety, welfare and convenience are protected.” Requested Variations to allow: a. Proposed Lot 2 to provide less than the minimum required lot area of 24,000 square feet for an interior lot in the R-2 Single-Family Residential Zoning District; b. Proposed Lot 2 to provide less than the minimum required rectangular buildable area of 16,335 square feet in the R-2 Single Family Residential Zoning District; and c. The side lot line of Proposed Lot 2 to abut the rear lot line of Proposed Lot 1 (936 Sunset Road. Lastly, the Commission is to consider the existence of the nonconforming residence and accessory playhouse on the 936 Sunset Road parcel (Lot 1) that will remain and “shall determine whether such nonconformity, in the context of the proposed subdivision, would result in a material increased adverse impact upon the public health, safety or welfare.” Page 15 Page 298 of 547 After hearing from the Applicant and the public, the Commission may decide to take action on one or two options: 1) Continue further review of the application to a specific date in order to provide the Applicant and/or staff additional time to address questions and comments from the Commission; or 2) Consider a motion recommending approval or denial of the Final Plat of Subdivision. If the Commission is prepared to make a recommendation to the Village Council regarding the requested relief, a Commissioner may wish to make a motion recommending approval or recommending denial based upon the following: Move to recommend approval [denial] of: The proposed Marren’s Resubdivision Final Plat subdividing the existing lot commonly known as 936 Sunset Road into two new Lots of Record, as the Final Plat of Subdivision, which subdivision requires: A. Variations to allow: a. Proposed Lot 2 to provide less than the minimum required lot area of 24,000 square feet for an interior lot in the R-2 Single-Family Residential Zoning District [Section 17.30.010 Lot Area, Shape and Dimensions]; b. Proposed Lot 2 to provide less than the minimum required rectangular buildable area of 16,335 square feet in the R-2 Single Family Residential Zoning District [Section 17.30.010 Lot Area, Shape and Dimensions]; and c. A side lot line abutting a rear lot line [Section 16.12.010 Minimum Land subdivision standards]; B. A finding of “No Material Increased Adverse Impact” with respect to the existing zoning nonconformities for the existing improvements on the 936 Sunset Road parcel (Proposed Lot 1): a. the existing residence observes a front yard setback of 49.91 feet from Sunset Road, versus the required front yard setback of 50 feet; b. the existing residence observes a corner yard setback of 49.52 feet from Higginson Lane, versus the required corner yard setback of 50 feet; c. an existing playhouse observes a corner yard setback of 5.52 feet from Higginson Lane, versus the required corner yard setback of 50 feet; and d. the existing front-facing garage door exceeds the maximum permitted width of 9 feet for an individual door. C. A finding that the subdivision is [is not] consistent with the Comprehensive Plan’s Land Use Map designation of the Subject Property as appropriate for “Single-Family Residential” development. [If the Commission chooses to place conditions as part of its recommendation of approval, it will want to include the conditions here.] ATTACHMENTS Attachment A: Application Materials Page 16 Page 299 of 547 Attachment B: Proposed Plat of Subdivision (Marren’s Resubdivision) Attachment C: January 13, 2014, ZBA Meeting Minutes Excerpt Page 17 Page 300 of 547 ATTACHMENT A Page 301 of 547 CANNING & CANNING LLC 1000 SKOKIE BOULEVARD, SUITE 355 WILMETTE, ILLINOIS 60091 CHRISTOPHER S. CANNING DIRECT DIAL NUMBER (847) 853-7040 chris@canninglegal.com July 17, 2025 VIA HAND DELIVERY Layla Danley Chair, Plan Commission Village of Winnetka c/o Ann Klaassen Assistant Director of Community Development Village of Winnetka 510 Green Bay Road Winnetka, IL 60093 Re: Application for Subdivision at 936 Sunset Road. Dear Chair Danley and Members of the Plan Commission: I am writing on behalf of Robert J. Marren and Susan L. Marren (“Bob and Susan”) regarding their application to subdivide the existing lot at 936 Sunset Road (the “Subject Property”) into two lots: one lot containing 32,998 sq. ft (“Lot 1”) and the other lot containing 23,171.89 sq. ft. (“Lot 2”). As set forth more fully below, Bob and Susan seek to subdivide the Subject Property to preserve the existing home in which they have lived for the last 19 years and to create a new lot effectively restoring what was a conforming lot of record prior to a mandated lot consolidation in 1976. For the reasons set forth below, Bob and Susan respectfully request that the Plan Commission of Village of Winnetka recommend the granting of the requested subdivision. I. The Subject Property. The Subject Property is located within the R-2 Residential Zoning District. The Subject Property is surrounded by single family homes. The Subject Property has approximately 165’ of frontage on Sunset Road and 215’ of frontage on Higginson Road. At its deepest dimension, the Page 302 of 547 July 17, 2025 Page 2 current lot has an approximate depth of 385’. It is improved with a single-family residence and a tennis court. Bob and Susan intend to subdivide the Subject Property into two lots. Lot 1 will have a lot area of 32,998 square feet. The existing home and garage will occupy Lot 1. Lot 2 will have a lot area of 23,171.89 square feet. Lot 2, which once was the site of a tennis court, will now be available for green space, a recreational area, or a new home. II. Bob and Susan’s current lot. Bob and Susan’s plan of subdivision has two goals. First, Bob and Susan seek to subdivide the Subject Property to maintain the location of the existing home on Lot 1. On Lot 2, Bob and Susan simply seek to restore the lot to the status it held prior to the lot consolidation mandated by the Village of Winnetka in 1976. In 1976, both the lot at 936 Sunset Road and the lot to the south were located within the R-2 Zoning District. Since the square footage of each of the lots was greater than one half acre, both lots were conforming under the then existing Zoning Ordinance. Even though the two lots were conforming, the Village of Winnetka required the prior owner, Mr. Seabury, to apply for a lot consolidation presumably because the interpretation of the Zoning Ordinance was that accessory uses to permitted uses must be on the same lot of record. Mr. Seabury told the Plan Commission that he wanted to install a tennis court on the south lot. The tennis court is an accessory structure under the Zoning Ordinance. The Plan Commission unanimously approved the consolidation. Now that Bob and Susan’s children have grown and the tennis court is no longer used, they seek to undo the consolidation and return the proposed Lot 2 to its prior status as a separate lot of record. The proposed subdivision of t he south lot meets all the minimum Village of Winnetka zoning criteria except for minimum rectangular buildable area (minimum rectangular buildable area in an R-2 district is 16,335 square feet), and the Village of Winnetka's minimum lot area requirement of (24,000 square feet). Therefore, Bob and Susan are asking by a separate application that the Zoning Board grant them two variations to allow the proposed subdivided lot to be under the minimum lot area requirement and minimum rectangular buildable area. In addition to the zoning variations, as addressed below, the proposed south lot needs variations from the subdivision portion of the Zoning Ordinance as well. Both the northern and southern portions of the property are in the designated flood plain. Therefore, it is understood that any new improvements situated on the land must adhere to the strict storm water management engineering requirements established by the Village of Winnetka. Furthermore, storm water detention must be designed and implemented to accommodate such a structure which is standard practice when building in the Village of Winnetka. Civil Engineer Daniel Creaney, who has worked on projects in Winnetka for decades, will submit a separate report addressing the storm water management that would be needed if the lot were to be used for a future single-family home. Page 303 of 547 July 17, 2025 Page 3 III. Standards of Review. Pursuant to the Village of Winnetka Code and Zoning Ordinance, any application to subdivide a parcel must meet the requirements of Chapter 16 of the Code related to Subdivisions and §17.30.010 and 17.30.020 of the Zoning Ordinance setting forth the yard regulations for the R-2 Residential zoning district. Chapter 16.12.10 D requires subdivided lots to adhere to the following standards: 1. All lots created by any plan for land subdivision shall comply with all standards of the Zoning Ordinance, except as provided in this chapter. 2. All side lines of lots shall be approximately perpendicular to street lines, or radial to curved street lines unless, in the opinion of the Plan Commission, a variation of the requirement would enhance public safety or convenience. 3. All lots created by any plan for land subdivision shall meet the lot area requirements of the Zoning Ordinance. All lot area calculations shall exclude all easements for ingress and egress, all public or private streets, all public or private alleys, and the access corridor, or “flagpole,” of any flag lot. 4. Where a lot is already improved with buildings or structures, the plan shall show whether the dimensions and locations of such improvements comply with the use, intensity of use of lot (including impermeable surface requirements), setback, side yard, rear yard and other bulk requirements of the Zoning Ordinance then in effect. If a prior legal nonconformity, or a previously granted variation, with respect to any such requirements exists, the Plan Commission shall determine whether such nonconformity or previously granted variation, in the context of the proposed subdivision, would result in a material increased adverse impact upon the public health, safety or welfare. If such a determination is made, the Plan Commission may deny the plan for land subdivision. No plan for land subdivision which itself creates a departure from such requirements shall be approved by the Plan Commission until such time as a variation for such departure is granted by the Zoning Board of Appeals or the Village Council, as the case may be, in accordance with the Zoning Ordinance. 5. At intersections with major streets, acute angle intersections and other places where, in the opinion of the Plan Commission, safety or convenience of traffic movement would be enhanced, corners shall be cut back by joining the intersecting street lines through circular arcs having adequate radii. 6. No plan for any land subdivision shall be approved if it results in the creation of one or more lots having side lot lines abutting rear lot lines. 7. All lots created by any plan for land subdivision shall meet the lot depth requirements of the Zoning Ordinance. Notwithstanding the foregoing, the access corridor, or “flagpole,” shall be excluded when measuring the lot depth of a flag lot. 8. All lots created by any plan for land subdivision shall meet the lot width requirements of the Zoning Ordinance. Notwithstanding the foregoing, all new flag lots shall meet the minimum lot width requirements of the Zoning Ordinance, both as measured by excluding the access corridor, or “flagpole,” and as measured by including the access corridor or “flagpole.” Page 304 of 547 July 17, 2025 Page 4 9. All lots created by any plan for land subdivision shall meet all yard and setback requirements of the Zoning Ordinance. Notwithstanding the foregoing, for any flag lot that has a front street line that is less than fifty (50) feet long and that is at least seventy-five (75) feet wide at its widest point, all yards and setbacks shall be measured based both on using the actual front street line as the front lot line, and on using as the front lot line the lot line from which the Director determines the front setback shall be measured for development purposes. Bob and Susan’s request for a subdivision complies with or seeks to comply through variances as permitted under the Code with these requirements in the following ways: 1. It is Bob and Susan’s intent that the lots meet the standards of the Zoning Ordinance. At the time the lots were consolidated in 1976, the lots did meet those standards. The Zoning Ordinance was amended in 1999, well after the consolidation and well before Bob and Susan bought the lots, and those standards have changed rendering the proposed Lot 2 to be non- conforming. By their application to the Zoning Board, Bob and Susan seek a variation from this requirement since they did not create the situation. 2. This standard is met. 3. While this standard was met at the time of the lot consolidation in 1976, the proposed lots created by the proposed subdivision do not meet the lot area requirements of the Zoning Ordinance. Lot 1 is conforming, but Lot 2 is 97% of the required lot area. Bob and Susan considered making Lot 2 conform to the Lot Area requirement but if that were done, then they would need a variation from the Minimum Lot depth requirement of 200’ for Lot 1. Bob and Susan considered this alternative but because they share the conforming 200’ lot line with their neighbors to the west, Bob and Susan decided that seeking a small variation for lot area was preferred to seeking a variation that would impact their neighbors to the west. Bob and Susan seek a variation from this requirement. 4. Bob and Susan believe that this standard is met. The existing home on the proposed Lot 1 was a conforming structure when built. Maintaining the home on Lot 1 and subdividing the Subject Property will not result in a material increase or adverse impact upon the public health, safety, or welfare. 5. This standard is inapplicable. 6. Bob and Susan seek a variation from this requirement. When the lots were consolidated, that consolidation created a situation where a side lot abutted a rear lot line of the neighbor to the south. That condition has remained unchanged since 1976. The granting of a variation to this requirement will not change the status quo. 7. This standard is met. 8. This standard is met. 9. This standard is met. To the extent that the subdivision standards are not met, the Code permits the Plan Commission to recommend the granting of variations under the following circumstances: Variations and Exceptions. Whenever the land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of this section would result in real difficulties and substantial hardships or injustices, the Plan Page 305 of 547 July 17, 2025 Page 5 Commission may vary or modify such requirements so that the owner is allowed to develop the land in a reasonable manner; provided that, public health, safety, welfare and convenience are protected. Here, variations from the strict application of the Code are appropriate due to the unusual conditions Bob and Susan face 49 years after a prior owner consolidated the lots. As discussed above, the two lots were conforming lots of record when a consolidation was mandated in 1976 so the prior owner could install a tennis court. By permitting the subdivision, the lots will return to their prior sizes; a size more in keeping with the prevailing standard of lot sizes in the zoning district. This request is similar to the subdivision sought and approved at 860 Lamson Drive. In that matter, the applicant acquired the home in 1959. In 1975, the applicant purchased the adjoining home at 901 Tower Road, demolished the home, and built a tennis court for the family. In 1975, both the lot at 860 Lamson Drive and the lot at 901 Tower Road were located within the “A” (One-Half Acre) Residence District. Since the square footage of each of the lots was greater than one half acre, both lots were conforming under the then existing Zoning Ordinance. Despite the fact that the two lots were conforming, the Village of Winnetka required the applicant to apply for a lot consolidation because “this request for approval of a preliminary and final plat of consolidation was prompted by the current interpretation of the Zoning Ordinance that accessory uses to permitted uses must be on the same lot of record.” (Village of Winnetka Plan Commission Minutes, November 12, 1975, pg.2). The Plan Commission unanimously approved the consolidation. In 2018, the applicant applied for a subdivision and variations to restore the two lots to their prior condition. The Village Council approved the requested zoning variations and granted preliminary plat approval (M-2-2018) and granted final plat approval of the subdivision (R-45-2018). The requested variations also arise from the unusual shape of the lot. Here, the proposed lot 2 is 97% of the minimum lot area. As discussed above, Bob and Susan considered moving the proposed north lot line of Lot 2 to make the lot area conforming for Lot 2, but it would lead to the need for a minimum lot depth variation for Lot 1 that would impact their neighbors. A lot smaller than the minimum required lot area is not unusual for this neighborhood, For example, 894 Sunset Road (21,867 sq. ft.), 906 Sunset Road (21,867 sq. ft.), 920 Sunset Road (22,041 sq. ft.), 955 Sunset Road (23,579 sq. ft. located in flood plain), 970 Sunset Road (21,344sq. ft. located in flood plain), 901 Higginson Road (21,506 sq. ft.), 905 Higginson Road (22,041 sq. ft.) and 915 Higginson Road (20,386 sq. ft.) are all smaller than the minimum lot area. As for the minimum rectangular area, the staff report explains that “the minimum rectangular area is thought to have originated due to the existence of areas of the village such as ravine areas where terrain or other natural feature make regular, rectangular lots impossible. The minimum rectangular area standard has the intended effect of assuring that irregularly shaped lots, when contemplated, still provide an adequate concentration of lot area on which to build.” (Brian Norkus memo dated December 10, 2013, pg.3). An unusually shaped lot is common in this neighborhood. Several unusually shaped lots in the neighborhood include 884 Higginson Road, 905 Higginson Road, 915 Higginson Road and 970 Sunset Road and to that extent, Lot 2 Page 306 of 547 Page 307 of 547 July 29, 2025 Layla Danley Chair, Plan Commission Village of Winnetka c/o Ann Klaassen Assistant Director of Community Development Village of Winnetka 510 Green Bay Road Winnetka, IL 60093 RE: CONSTRUCTION IN THE FLOODPLAIN IN WINNETKA Dear Chair Danley and Members of the Plan Commission: I have been retained by Robert J. Marren and Susan L. Marren regarding their application to subdivide the existing lot at 936 Sunset Road (the “Subject Property”) into two lots: one lot containing 32,998 sq. ft (“Lot 1”) and the other lot containing 23,171.89 sq. ft. (“Lot 2”). There are several areas within Winnetka where the elevation of the lot is below the base flood elevation as determined by FEMA. In Winnetka, development must comply with the Village’s storm water detention requirements and compensatory storage requirements for fill in the flood plain. Daniel Creaney Company has provided engineering services for new houses, house additions, and pools within the floodplain through Winnetka generally and in the area near the Subject Property specifically. All these projects that have needed storm water detention have been thoroughly reviewed and approved by the Village of Winnetka. The proposed Lot 2 is in the flood plain. I am confident that we can provide engineering services for the proposed house that will meet the Village’s storm water detention requirements and flood plain requirements. I plan to attend the Plan Commission and Zoning Board meetings regarding the proposed subdivision and answer any questions that the members may have. Please feel free to contact me directly with any questions you may have. Thank you. Daniel A. Creaney, P.E. P.E. 36-33917 J:\DCC\Forms, Letters, Notes\Construction in floodplain in Winnetka .docx Page 308 of 547 Page 309 of 547 Page 310 of 547 Page 311 of 547 Page 312 of 547 Page 313 of 547 Page 314 of 547 Page 315 of 547 Page 316 of 547 REAL ESTATE APPRAISAL SINGLE-UNIT RESIDENTIAL PROPERTY Located At: 936 Sunset Road Winnetka, Illinois 60093 Prepared For: Robert & Susan Marren Prepared By: JCS Real Estate Services, Inc. 1694 1st Street Highland Park, Illinois 60035 Page 317 of 547 Page 318 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Front View Rear View Page ii Page 319 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 EXECUTIVE SUMMARY Address: 936 Sunset Road Winnetka, IL 60093 Location: Southwest Winnetka Property Type/Use: Detached single-unit residence Expanded ranch style 69 years old Two garage spaces Gross Living Area: 5,151 square feet +/- Site Area: 56,171 square feet +/- Occupancy: Owner Highest and Best Use: Continued use – residential Date of Inspection: July 22, 2025 Effective Date of Appraisal: July 22, 2025 Date of Report: August 12, 2025 Extraordinary Assumptions: The gross living area calculations are based on the plat of survey, prior mortgage appraisal and Cook County Assessor records. Purpose: Estimate an opinion of fair market value Intended Use: Planning/Proposed Subdivision Intended User: Robert & Susan Marren and legal counsel Opinion of Market Value – Whole $2,600,000 Marketing/Exposure Times: 90-120 days Opinion of Market Value – Front $2,300,000 Marketing/Exposure Times: 90-120 days Opinion of Market Value – Rear Lot $1,200,000 Marketing/Exposure Times: 90-120 days Page 1 Page 320 of 547 Page 321 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 ASSUMPTIONS & LIMITING CONDITIONS Extraordinary Assumptions & Hypothetical Conditions The gross living area is based off the plat of survey, prior mortgage appraisal, and Cook County Assessor records. Please note that the use of the extraordinary assumption may have affected the assignment results. General Assumptions Title to the property is assumed to be good and marketable unless otherwise stated. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated and there are no leases encumbering the property at this time. Responsible ownership and competent property management are assumed. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. This includes the information provided by the property contact, MLS published information, opinions from real estate agents interviewed, and public record data relied upon. Illustrative material in this report is included only to help the reader visualize the property. It is assumed that there are no hidden or concealed conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. General Limiting Conditions Possession of this report, or a copy thereof, does not carry with it the right of publication. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. Environmental Considerations The value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that would cause a loss in value. Competency of the Appraiser The appraiser has the appropriate knowledge valuing the property type and experience working in the subject market to complete this assignment competently. See attached qualification addenda. Page 3 Page 322 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 SCOPE OF WORK FOR THE APPRAISAL The client has requested opinions of the real property’s market value for planning/proposed subdivision use. The scope of work will include: 1. Agreement on the purpose, methodology, use and users of appraisal and acceptance of the assignment; 2. Preliminary analysis and research of county records on the property and MLS and county records on comparable sale data; 3. Inspecting the subject property. The interior and exterior of the property was inspected July 22, 2025. The effective date of value is July 22, 2025. Our observations during our inspection have been relied upon for this assignment. 4. Analyzing the subject neighborhood, competing neighborhoods and the area market. 5. Analyzing the highest and best use of the property. 6. Investigated and selected the most relevant and reliable improved sales for deriving an opinion of market value for the whole property, as is, by the Sale Comparison Approach to value and deriving an opinion of market value for the front portion of the site improved with the residence excluding the rear 24,000-square-foot buildable lot portion of the site. 7. Investigated and selected the most relevant and reliable vacant land sales (including tear downs) for use in the Sales Comparison Approach and deriving an opinion of market value for the rear buildable lot, 8. Preparing an appraisal report. Data Collection and Verification I contacted local real estate brokers involved in sales or listings to research and confirm factors that affect property values including pricing and location, marketing periods, transaction totals and trends. Comparable sale information has been gathered from the Midwest Real Estate Data Multiple Listing Service, residential brokerage firms, third party data services and the county assessor’s records. Purpose of the Appraisal The purpose of this appraisal is to estimate three opinions of market value of the property commonly known as 936 Sunset Road, Winnetka, Illinois Intended Use, Client and Users of the Appraisal The intended use of the appraisal is for planning/proposed subdivision. The client is Robert and Susan Marren that engaged JCS Real Estate Services, Inc. to complete the assignment. Other intended users are legal counsel and parties involved in the subdivision. Property Rights Appraised The subject property has been appraised as a whole, as if owned in fee simple, free and clear of all liens, encumbrances and special assessments. Fee Simple Estate is defined as "Absolute ownership unencumbered by any other interest or estate; subject only to the limitations of eminent domain, escheat, police power, and taxation." Definition of Market Value The definition of market value as applied in this report is defined as: “The most widely accepted components of market value are incorporated in the following definition. The most probable price that the specified property interest should sell for in a competitive market after a reasonable exposure time, as of a specified date, in cash, or in terms equivalent to cash, under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, for self-interest, and assuming that neither is under duress.” 1 1 The Dictionary of Real Estate Appraisal, Seventh Edition, The Appraisal Institute 2022 Page 4 Page 323 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 IDENTIFICATION OF THE PROPERTY The real property being appraised is an 69-year-old, detached single-unit residential property that has the common address of 936 Sunset Road, Winnetka, Illinois 60093. The property is identified by the Cook County Assessor as PIN: 05-20-407-071-0000. Legal Description The legal description below is copied from a boundary survey provided by the client. Personal Property No items of personal property are included in the estimated value. Three Year Sales History A search of the county records (via MLS/REDI) reveals no sale of the property in the past three years. The property las sold in April 2006 for $2.50 million. The property has not been listed for sale during the past three years based on search of the MLS and other real estate web-based platforms. Aerial Image Page 5 Page 324 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 NEIGHBORHOOD DATA Introduction/Location The subject property is located in the Village of Winnetka, Illinois and is situated in the southwest portion of the village. Winnetka is a mature suburban community located approximately 20 miles northwest of the Chicago’s central business district. The Village of Winnetka’s boundaries are somewhat irregular and are generally Scott Avenue to the north, Lake Michigan to the east, Hill Road to the south and the Edens Expressway (I-94) to the west. Bordering communities include Glencoe to the north, Northbrook and Northfield to the west, and Wilmette to the south. The village is fully developed and has a balance of land uses and characteristics and amenities common for Chicago’s northern suburbs. Land use is mostly residential with commercial uses developed in the downtown district, along Green Bay Road, and at major intersections of commercial corridors. Access The market area has good linkage to the Chicago business districts with access to the Edens Expressway (I-94) one mile to the west of the subject and Sheridan Road running parallel to Lake Michigan. The Tri-State Tollway (I- 294) is located approximately 10 miles to the west of the subject providing access to O’Hare International Airport and suburban business districts. Willow Road links the area to the Edens Expressway and the Tri-State Tollway. Public train and bus services link Winnetka to the Chicago Loop business district. PACE bus service runs along Green Bay Road through Winnetka. Drivers use the area expressways or primary streets to reach Chicago’s central business district in 30 to 40 minutes. Page 6 Page 325 of 547 Page 326 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 SITE DATA The site is level and irregular shaped with 165 feet of frontage on the south side of Sunset Road, 235.29 feet of frontage along Higginson Lane, 282.30 feet of depth on the west side and 179.13 feet of depth on the east side. It totals 56,171 SF of area and is two combined lots of record due to a consolidation by a prior owner to meet an accessory use requirement. The site size is toward the high end of the range for the community and nearly twice that of adjacent properties. The plat of survey below illustrates the large vacant rear portion of the site. Sunset Road is a two-way, two lane public right of way and Higginson Lane is a two-way, two-lane public right that links Sunset Road with Birch Street. Street improvements including concrete curbs and sidewalks, street gutters and storm/sanitary drain lines, and overhead street lighting. Natural gas, city water and sewer and electricity utilities are all available and connected to the site. The topography is level and soil quality conducive for development. Storm water is managed through the city’s storm water system. Page 8 Page 327 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 ZONING The Village of Winnetka classifies the site as R-2, Single-Family Residential District. The district has a minimum size requirement of 24,000 square feet. There are several other bulk restrictions including a minimum front line of 20 feet and a minimum average width of 100 feet. The ordinance should be reviewed by an attorney familiar with real estate and the existing site analyzed by an architect or civil engineer to render opinions of the viability of achieving the stated goal of subdividing the site into two buildable lots. The site is over twice as large as the minimum site area required for the R2 zoning district. The irregular shape presents some challenges for the rear lot to meet all size requirements such as frontage; however, the shape allows for an ample sized building envelope to construct a moderately sized residence. Subdivision Rendering The below image was prepared as a visual representation of a potential subdivision of the site into front and rear lots that is the property’s highest and best use. Page 9 Page 328 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 IMPROVEMENTS The subject property is an expanded Ranch style residence with finished first and second levels, and finished partial basement level. The building has a frame structure with brick veneer and sided exterior, gable style wood shingle roof with dormers, copper gutters and downspouts, double-pane windows in wood frames and an attached two-car garage with an electric overhead door. The original portion of the residence was constructed in 1956 as a ranch style. It was expanded over the years with the upper floor built out with bedrooms, bathrooms and recreational space. The residence has 5151 square feet of gross living area on floors one and two, plus approximately 1,596 square feet of finished basement area. The first floor has approximately 3,131 square feet of gross living area with entry, living room, dining room, family room, kitchen, den, primary bedroom-bathroom suite, half bathroom and mudroom. The second floor is approximately 2,020 square feet with five bedrooms and three full bathrooms. There is a small storage area off the west end. The partial basement is approximately 2,281 square feet and 1,596 square feet are finished with a large recreation room, exercise room, full bathroom, laundry room, and storage room that also houses mechanical equipment. Interior finishes are good quality including drywall board walls and ceilings, ceiling mounted lights, painted wood trim, and solid wood doors. Flooring is a mix of hardwood, carpet and tile. The kitchen finishes are good quality due to renovation including painted wood cabinets, granite counters and good cost-quality appliances. The bathroom finishes are a mix of stone and ceramic tile floors and shower surround, wood cabinets and stone or composition counters. The building has five zones for forced air heat and cooling. The property has city water/sewer, natural gas and electric meters. Site improvements include asphalt paved circular drive with two curb cuts off Sunset Road, brick entry walk, covered front porch, slate patio, tennis court with covered sitting area and landscaping with mature trees and bushes and flower beds, etc. Overall, the residence is ranked average condition and exterior quality and good interior quality of construction for the neighborhood. Our inspection revealed no immediate major repairs needed. Page 10 Page 329 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Living Room Dining Room Page 11 Page 330 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Kitchen Family Room Page 12 Page 331 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Den Primary Bedroom Page 13 Page 332 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Primary Bathroom Second Floor Hall Bedroom Page 14 Page 333 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Private Bathroom Basement Recreation Room Page 15 Page 334 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Basement Mechanical Room Two-Car Garage Page 16 Page 335 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 DESCRIPTIVE PHOTOGRAPHS Tennis Court Rear Yard Page 17 Page 336 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 HIGHEST AND BEST USE Introduction Highest and best use is defined as: “the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legally permissibility, physically possible, financially feasible and maximally productive”. 2 Highest and Best Use as Vacant Based on the zoning, subject property physical characteristics, and trends in the neighborhood, the highest and best use of the site is to develop the site with two detached single-unit residences. The timing of development is immediate. Highest and Best Use as Improved The subject property is an average to good cost quality detached single-unit residential unit on a 1.29- acre site in the southwest section of Winnetka. The improvements are in average condition and have average modernization. The improvements contribute to value; however, the site is larger than typical and is underutilized with the rear section functioning to support the tennis court accessory use. The south yard area is excess land and should be subdivided from the parcel for development of a single- unit residence. No alternative use results in a higher residual value to the land. Therefore, continued use as improved with the rear buildable lot subdivided out for development is the highest and best use as improved. Timing is immediate. VALUATION PROCESS An opinion of the market value for a single-unit residential property as is (whole) and with only the front lot area (front) has been requested. Also, an opinion of the rear 24,000 square foot buildable lot (rear) has been requested. The opinions of value will be estimated by direct comparison with improved sales and vacant land sales from the neighborhood. The Cost Approach and the Income Capitalization Approach are not applicable due to the design and age of the improvements and as properties in this market are acquired for occupancy and not as investments. Therefore, only the Sales Comparison Approach will be developed. The Sales Comparison Approach is a set of procedures in which a value is derived by comparing the property being appraised to similar properties that have sold recently. Applying appropriate units of comparison and making adjustments to the sale prices of the comparable sales based on the elements of comparison. The sale comparison approach may be used to value improved properties, vacant land or land being considered as though vacant; it is the most common and preferred method of valuation when comparable sales data is available. 3 The reliability of the sales comparison approach is subject to the degree of similarity between the subject property and the comparable properties; however, as no properties are identical, adjustments for differences in financing terms, conditions of the sale, market conditions, location, physical and income characteristics are often necessary. The best indication of value for the subject property is recent sales or available listings from within the immediate market area. Realtor generated data on property listings and sales are available from the MRED, LLC Multiple Listing Service (MLS). Physical data on the sales presented in the MLS such as site area, residence size, and zoning were verified with the county or city records. Real estate agents involved in the sale or listing are interviewed for opinions on the condition, updating and buyer-seller motivation. A search of MRED, the primary MLS serving the area, reveals several closed sales within the immediate neighborhood. The best closed sales are presented and compared to the subject property. 2 The Dictionary of Real Estate Appraisal, Seventh Edition, The Appraisal Institute 2022 3 Ibid Page 18 Page 337 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 LOCATION MAP WHOLE ANALYSIS Page 19 Page 338 of 547 File R21-1101 936 Sunset Road, Winnetka, IL 60093 COMPARABLE SALE SUMMARY AND ADJUSTMENT GRID - WHOLE Property Subject Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Address 936 Sunset Road 844 Hibbard Road 70 Woodley Road 1240 Hill Road Rd 58 Woodley Road 62 Woodley Road City Winnetka, IL Winnetka Winnetka Winnetka Winnetka Winnetka Sale Price - $2,100,000 $2,350,000 $2,360,000 $2,680,000 $2,850,000 Concessions - None None None None None Date of Sale* 7/22/2025 7/30/2024 12/18/2024 7/18/2025 8/30/2024 Active Location SW Winnetka NW Winnetka SW Winnetka SW Winnetka SW Winnetka SW Winnetka Site Area - SF 56,171 38,934 44,610 37,984 40,480 66,707 View Residential Residential Residential Residential Residential Residential Design Expanded Ranch Colonial Expanded Ranch Georgian Colonial Colonial Exterior Quality Frame/Brick Veneer Brick Frame, Brick Brick Brick Frame, Brick Interior Quality Good Good Good Good Good Good Age - years 69 100 70 87 85 92 Condition Average Average Average Average Average Average HVAC Zoned FA/AC FA/AC FA/AC Zoned FA/AC Zoned FA/AC Zoned FA/AC Parking 2 Garage Spaces 2 Garage Space 3 Garage Space 2 Garage Spaces 3 Garage Space 2 Car Garage Project Amenities Patio, Tennis Ct Patio, Pool, Pool House Patio, Porch, Pool Patio, Porch, Pool Patio Patio, Balconies Fireplaces 3 2 3 3 4 5 Basement Area (SF) 2,281 1,329 0 1,017 3,201 2,275 Finished Basement Area (SF) 1596 657 0 627 2,500 0 GLA – SF 5,151 4,885 5,000 4,337 8,754 5,000 Above Grade Rooms 12 11 13 12 12 13 Above Grade Bedrooms 6 5 5 5 7 6 Above Grade Baths 4.1 5.1 6.2 4.1 6.2 4.2 Sales Comparison Adjustment Grid Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale Price Adjustment Rate $2,100,000 $2,350,000 $2,360,000 $2,680,000 $2,850,000 Market Conditions / Sale-List Ratio $0 $0 $0 $0 ($142,500) Location $105,000 $0 $0 $0 $0 Site Area $15.00 $258,555 $173,415 $272,805 $235,365 ($158,040) Design $0 $0 $0 $0 $0 View $0 $0 $0 $0 $0 Quality $0 $0 ($59,000) $0 $0 Condition $25.00 $0 $0 $0 $0 $0 Car Storage $0 ($25,000) $0 $0 $0 Basement Area/Finish $10/$20 $28,300 $54,730 $32,020 ($27,280) $31,980 Gross Living Area $50.00 $13,300 $7,550 $40,700 ($180,150) $7,550 Kitchen Finish $0 $0 $0 $0 $0 Numb er of Baths ($10,000) ($25,000) $0 ($25,000) ($5,000) Bath Finishes $0 $0 $0 $0 $0 Amenities ($25,000) ($25,000) ($25,000) $0 $0 Overall Adjustment $370,155 $160,695 $261,525 $2,935 ($266,010) Adjusted Sale Price $2,470,155 $2,510,695 $2,621,525 $2,682,935 $2,583,990 % Net Adjustment 17.6% 6.8% 11.1% 0.1% -9.3% % Gross Adjustments 19.8% 12.2% 17.1% 17.5% 12.1% Low $2,470,155 High $2,682,935 Average $2,573,860 Median $2,583,990 Effective date for appraisal of subject property The sales are all located in the subject’s west Winnetka area and are similar vintage traditional style residences. Due to the large site area of the subject property, sales from the nearby Woodley Road subdivision have been considered. The sales have closing dates between July and December 2024 with one active listing. The sales are adjusted for significant differences and require gross adjustments of 12.1 to 19.8 percent for differences in list to sale price ratio and physical characteristics including location, site area, exterior quality, car storage, basement area and finish, gross living area, condition, number of bathrooms and amenities. Page 20 Page 339 of 547 File R21-1101 936 Sunset Road, Winnetka, IL 60093 The adjustments are based on market data, contributory value based on replacement cost and our judgment and experience working in the market area. The sales have an adjusted price range of $2,470,155 to $2,682,935 with a median of $2,583,990 and an average of $2,573,860. Conclusion The subject property is reconciled to a value near the median and average of the adjusted range with equal weight on the Sales. Our opinion of market value as of the effective date is $2,575,000. Opinion of Market Value for the Whole Property as of July 22, 2025: $2,575,000 Page 21 Page 340 of 547 File R21-1101 936 Sunset Road, Winnetka, IL 60093 LOCATION MAP FRONT PORTION ANALYSIS Page 22 Page 341 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 COMPARABLE SALE SUMMARY AND ADJUSTMENT GRID - FRONT Property Subject Sale 6 Sale 7 Sale 8 Sale 9 Sale 10 Address 936 Sunset Road 200 Linden Street 70 Woodley Road 1240 Hill Road Rd 58 Woodley Road 143 Birch Street City Winnetka, IL Winnetka Winnetka Winnetka Winnetka Winnetka Sale Price - $2,057,000 $2,350,000 $2,360,000 $2,680,000 $2,149,900 Concessions - None None None None None Date of Sale* 7/22/2025 9/30/2024 12/18/2024 7/18/2025 8/30/2024 12/6/2024 Location SW Winnetka SW Winnetka SW Winnetka SW Winnetka SW Winnetka SW Winnetka Site Area - SF 32,171 18,700 44,610 37,984 40,480 18,700 View Residential Residential Residential Residential Residential Residential Design Expanded Ranch Colonial Expanded Ranch Georgian Colonial English Exterior Quality Frame/Brick Veneer Brick Frame, Brick Brick Brick Frame Interior Quality Good Good Good Good Good Good Age - years 69 97 66 82 81 98 Condition Average Average Average Average Average Average HVAC Zoned FA/AC FA/AC FA/AC Zoned FA/AC Zoned FA/AC Zoned FA/AC Parking 2 Garage Spaces 2 Garage Space 3 Garage Space 2 Garage Spaces 3 Garage Space 1 Car Garage Project Amenities Patio, Tennis Ct Deck Patio, Porch, Pool Patio, Porch, Pool Patio Deck, Porch Fireplaces 3 2 3 3 4 3 Basement Area (SF) 2,281 1,200 0 1,017 3,201 2,053 Finished Basement Area (SF) 1596 700 0 627 2,500 0 GLA – SF 5,151 4,592 5,000 4,337 8,754 4,318 Above Grade Rooms 12 12 13 12 12 10 Above Grade Bedrooms 6 5 5 5 7 4 Above Grade Baths 4.1 3.1 6.2 4.1 6.2 4.2 Sales Comparison Adjustment Grid Sale 6 Sale 7 Sale 8 Sale 9 Sale 10 Sale Price Adjustment Rate $2,057,000 $2,350,000 $2,360,000 $2,680,000 $2,149,900 Market Conditions / Sale-List Ratio $0 $0 $0 $0 $0 Location $0 $0 $0 $0 $0 Site Area $15.00 $202,065 ($186,585) ($87,195) ($124,635) $202,065 Design $0 $0 $0 $0 $0 View $0 $0 $0 $0 $0 Quality ($41,140) $0 ($47,200) $0 $42,998 Condition $25.00 $0 $0 $0 $0 $0 Car Storage $0 ($25,000) $0 $0 $25,000 Basement Area/Finish $10/$20 $28,730 $54,730 $32,020 ($27,280) $34,200 Gross Living Area $50.00 $27,950 $7,550 $40,700 ($180,150) $41,650 Kitchen Finish $0 $0 $0 $0 $0 Numb er of Baths ($10,000) ($25,000) $0 $0 ($5,000) Bath Finishes $0 $0 $0 $0 $0 Amenities ($25,000) ($25,000) ($25,000) $0 $0 Overall Adjustment $182,605 ($199,305) ($86,675) ($332,065) $340,913 Adjusted Sale Price $2,239,605 $2,150,695 $2,273,325 $2,347,935 $2,490,813 % Net Adjustment 8.9% -8.5% -3.7% -12.4% 15.9% % Gross Adjustments 15.1% 12.7% 8.8% 12.4% 16.3% Low $2,150,695 High $2,490,813 Average $2,300,475 Median $2,273,325 Effective date for appraisal of subject property For this analysis, the reduced site area of 32,171 square feet is used assuming the rear 24,000 square feet are subdivided out for development of a single-unit residence. The sales are all located in the subject’s SW Winnetka area and are similar vintage traditional style residences. The sales have closing dates between August 2024 to July 2025. The sales are adjusted for significant differences and require gross adjustments of 8.8 to 16.3 percent for differences in physical characteristics including site area, Page 23 Page 342 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 exterior quality, car storage, basement area and finish, gross living area, condition, number of bathrooms and amenities. The adjustments are based on market data, contributory value based on replacement cost and our judgment and experience working in the market area. The sales have an adjusted price range of $2,156,695 to $2,490,813 with a median of $2,273,325 and an average of $2,300,475. Conclusion The subject property is reconciled to a value near the median and average of the adjusted range with equal weight on the Sales. Our opinion of market value as of the effective date is $2,300,000. Opinion of Market Value for the Whole Property as of July 22, 2025: $2,300,000 Page 24 Page 343 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 LOCATION MAP REAR LOT ANALYSIS Page 25 Page 344 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 The rear lot is assumed to be 24,000 square feet and to generally meet the size requirements of the R2 zoning district. The site is within Zone AE, a flood hazard district and will be subject to development guidelines to provide compensatory storm water storage. Development in a flood hazard district is occurring in Winnetka and has been done successfully on many siters with similar flood plain elevations as the subject property. The image below illustrates a potential building envelope for the south parcel. The scenario includes removal of the tennis court. Page 26 Page 345 of 547 File R25-003 936 Sunset Road, Winnetka, IL 60093 The table below summarizes land sales (many of which are tear downs) in Winnetka considered in the valuation scenario of the rear buildable lot. FLOOD PLAIN TEAR DOWN LAND SALES No Address City, St Flood Zone Sale Date Sale Price Size - SF $PSF 1 265 White Oak Lane Winnetka, IL A 10/21/2020 $1,200,000 29,297 $40.96 2 385 Rosewood Ave Winnetka, IL A 10/15/2018 $405,000 8,850 $45.76 3 1155 Ash Street Winnetka, IL A 3/22/2022 $525,000 10,800 $48.61 4 111 Thorntree Lane Winnetka, IL A/X 2/17/2022 $1,400,000 42,244 $33.14 5 956 Sunset Rd Winnetka, IL A 8/21/2014 $1,200,000 37,510 $31.99 6 884 Higginson Ln Winnetka, IL A 7/1/2013 $1,425,000 27,443 $51.93 7 945 Pine Tree Lane Winnetka, IL X 1/21/2025 $1,175,000 26,563 $44.23 8 875 Private Rd Winnetka, IL X 10/30/2023 $1,570,000 31,078 $50.52 9 338 Linden St Winnetka, IL X 5/15/2025 $1,130,000 12,628 $89.48 10 174 Linden St Winnetka, IL X 1/18/2024 $1,050,000 12,716 $82.57 Low $31.99 High $89.48 Average $51.92 Ten tear down and vacant land sales in Winnetka have a sale price per square foot of $31.99 to $89.48 per square foot plus in most cases, tear down costs. The sales have an average of $51.92 per square foot of land area. Given the subject’s AE flood zone rating and size, the market value of the site, if available for development as a buildable lot subject to the R2 zoning requirements with some needed variances, would be toward the lower end of the midpoint of the range given current market demand and significant price appreciation of residences in Winnetka the past five years. Therefore, based on our analysis, it is our opinion that the value of the south 24,000 square foot lot is $50.00 per square foot or $1.2 million. Page 27 Page 346 of 547 ADDENDUM Comparable Sales Page 347 of 547 ADDENDUM Improved Comparable Sale # 1 Location Data Transaction Data Street Address 844 Hibbard Road Contract-Sale Date 7/30/2024 City Winnetka Sale Price $2,100,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's-Length Marketing Period (days) 9 Improvement Data Gross Living Area (SF) 4,885 Site Data Year Built 1924 Acres (Gross) 0.89 Condition Average Square Feet (Gross) 38,934 Exterior Quality Brick Acres (Net) 0.89 Interior Quality Good Square Feet (Net) 38,934 Parking 2 Garage Space Shape Rectangle Bedrooms 5 Topography/Elevation Level Bathrooms 5.1 Utilities All available Fireplace(s) 2 Zoning R2 Amenities Patio, Pool, Pool House Prior Sales None in prior 3 Years Analysis Price/Sq Ft $429.89 Source MRED #12058179, Public Records, Listing Broker. Page 348 of 547 ADDENDUM Improved Comparable Sale # 2 Location Data Transaction Data Street Address 70 Woodley Road Contract Sale Date 12/18/2024 City Winnetka Sale Price $2,350,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's-Length Marketing Period (days) 27 Improvement Data Site Data Gross Living Area (SF) 5,000 Acres (Gross) 1.02 Year Built 1954 Square Feet (Gross) 44,610 Condition Average Acres (Net) 1.02 Exterior Quality Frame, Brick Square Feet (Net) 44,610 Interior Quality Good Shape Rectangle Parking 3 Garage Space Topography/Elevation Level Bedrooms 5 Utilities All available Bathrooms 6.2 Zoning R-3, Cook County Fireplace(s) 3 Amenities Patio, Porch, Pool Prior Sales Jul-23 $1,900,000 Analysis Price/Sq Ft $470.00 Source MRED #12204141, Listing Broker, Public Records Page 349 of 547 ADDENDUM Improved Comparable Sale # 3 Location Data Transaction Data Street Address 1240 Hill Road Rd Contract Sale Date 7/18/2025 City Winnetka Sale Price $2,360,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's-Length Marketing Period (days) 10 Improvement Data Site Data Gross Living Area (SF) 4,337 Acres (Gross) 0.87 Year Built 1938 Square Feet (Gross) 37,984 Condition Average Acres (Net) 0.87 Exterior Quality Brick Square Feet (Net) 37,984 Interior Quality Good Shape Rectangular Parking 2 Garage Spaces Topography/Elevation Level Bedrooms 5 Utilities All available Bathrooms 4.1 Zoning R2 Fireplace(s) 3 Amenities Patio, Porch, Pool Prior Sales None is 3 years Analysis Price/Sq Ft $544.15 Source MRED #12349801, Public Records Page 350 of 547 ADDENDUM Improved Comparable Sale # 4 Location Data Transaction Data Street Address 58 Woodley Road Contract Sale Date 8/30/2024 City Winnetka Sale Price $2,680,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's Length Marketing Period (days) 15 Improvement Data Site Data Gross Living Area (SF) 8,754 Acres (Gross) 0.93 Year Built 1939 Square Feet (Gross) 40,480 Condition Average Acres (Net) 0.93 Exterior Quality Brick Square Feet (Net) 40,480 Interior Quality Good Shape Rectangle Parking 3 Garage Space Topography/Elevation Level Bedrooms 7 Utilities All available Bathrooms 6.2 Zoning R-3, Cook County Fireplace(s) 4 Amenities Patio Prior Sales Jun-22 $2,625,000 Analysis Price/Sq Ft $306.15 Source MRED #12094231, Listing Broker, Public Records Page 351 of 547 ADDENDUM Improved Comparable Sale # 5 Location Data Transaction Data Street Address 62 Woodley Road Sale Date Active City Winnetka Sale Price $2,850,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's Length Marketing Period (days) 5 Improvement Data Site Data Gross Living Area (SF) 5,000 Acres (Gross) 1.53 Year Built 1933 Square Feet (Gross) 66,707 Condition Average Acres (Net) 1.53 Exterior Quality Frame, Brick Square Feet (Net) 66,707 Interior Quality Good Shape Rectangular Parking 2 Car Garage Topography/Elevation Level Bedrooms 6 Utilities All available Bathrooms 4.2 Zoning R-3, Cook County Fireplace(s) 5 Amenities Patio, Balconies Prior Sales Mar-07 $3,100,000 Feb-24 $2,649,000 Analysis Price/Sq Ft $570.00 Source MRED #12429588, Listing Broker, Public Records Page 352 of 547 ADDENDUM Improved Comparable Sale # 6 Location Data Transaction Data Street Address 200 Linden Street Contract-Sale Date 9/30/2024 City Winnetka Sale Price $2,057,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's-Length Marketing Period (days) 15 Improvement Data Gross Living Area (SF) 4,592 Site Data Year Built 1923 Acres (Gross) 0.43 Condition Average Square Feet (Gross) 18,700 Exterior Quality Brick Acres (Net) 0.43 Interior Quality Good Square Feet (Net) 18,700 Parking 2 Garage Space Shape Rectangle Bedrooms 5 Topography/Elevation Level Bathrooms 3.1 Utilities All available Fireplace(s) 2 Zoning R3 Amenities Deck Prior Sales None in prior 3 Years Analysis Price/Sq Ft $447.95 Source MRED #12090653, Public Records, Listing Broker. Page 353 of 547 ADDENDUM Improved Comparable Sale # 7 Location Data Transaction Data Street Address 70 Woodley Road Contract Sale Date 12/18/2024 City Winnetka Sale Price $2,350,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's-Length Marketing Period (days) 27 Improvement Data Site Data Gross Living Area (SF) 5,000 Acres (Gross) 1.02 Year Built 1954 Square Feet (Gross) 44,610 Condition Average Acres (Net) 1.02 Exterior Quality Frame, Brick Square Feet (Net) 44,610 Interior Quality Good Shape Rectangle Parking 3 Garage Space Topography/Elevation Level Bedrooms 5 Utilities All available Bathrooms 6.2 Zoning R-3, Cook County Fireplace(s) 3 Amenities Patio, Porch, Pool Prior Sales Jul-23 $1,900,000 Analysis Price/Sq Ft $470.00 Source MRED #12204141, Listing Broker, Public Records Page 354 of 547 ADDENDUM Improved Comparable Sale # 8 Location Data Transaction Data Street Address 1240 Hill Road Rd Contract Sale Date 7/18/2025 City Winnetka Sale Price $2,360,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's-Length Marketing Period (days) 10 Improvement Data Site Data Gross Living Area (SF) 4,337 Acres (Gross) 0.87 Year Built 1938 Square Feet (Gross) 37,984 Condition Average Acres (Net) 0.87 Exterior Quality Brick Square Feet (Net) 37,984 Interior Quality Good Shape Rectangular Parking 2 Garage Spaces Topography/Elevation Level Bedrooms 5 Utilities All available Bathrooms 4.1 Zoning R-2 Fireplace(s) 3 Amenities Patio, Porch, Pool Prior Sales None is 3 years Analysis Price/Sq Ft $544.15 Source MRED #12349801, Public Records Page 355 of 547 ADDENDUM Improved Comparable Sale # 9 Location Data Transaction Data Street Address 58 Woodley Road Contract Sale Date 8/30/2024 City Winnetka Sale Price $2,680,000 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's Length Marketing Period (days) 15 Improvement Data Site Data Gross Living Area (SF) 8,754 Acres (Gross) 0.93 Year Built 1939 Square Feet (Gross) 40,480 Condition Average Acres (Net) 0.93 Exterior Quality Brick Square Feet (Net) 40,480 Interior Quality Good Shape Rectangle Parking 3 Garage Space Topography/Elevation Level Bedrooms 7 Utilities All available Bathrooms 6.2 Zoning R-3, Cook County Fireplace(s) 4 Amenities Patio Prior Sales Jun-22 $2,625,000 Analysis Price/Sq Ft $306.15 Source MRED #12094231, Listing Broker, Public Records Page 356 of 547 ADDENDUM Improved Comparable Sale # 10 Location Data Transaction Data Street Address 143 Birch Street Sale Date 12/6/2024 City Winnetka Sale Price $2,149,900 State IL Property Rights Fee Simple County Cook Financing Cash to Seller Zip 60093 Conditions of Sale Arm's Length Marketing Period (days) 4 Improvement Data Site Data Gross Living Area (SF) 4,318 Acres (Gross) 0.43 Year Built 1922 Square Feet (Gross) 18,700 Condition Average Acres (Net) 0.43 Exterior Quality Frame Square Feet (Net) 18,700 Interior Quality Good Shape Rectangular Parking 1 Car Garage Topography/Elevation Level Bedrooms 4 Utilities All available Bathrooms 4.2 Zoning R3 Fireplace(s) 3 Amenities Deck, Porch Prior Sales None Analysis Price/Sq Ft $497.89 Source MRED #12164633, Listing Broker, Public Records Page 357 of 547 ADDENDUM State Certification/Qualifications Page 358 of 547 ADDENDUM Page 359 of 547 ADDENDUM Qualifications for John C. Satter, MAI, GAA 1997 - Present JCS Real Estate Services, Inc. President 1992 - 1996 Wayne L. Wnek, MAI & Associates, Inc. Real Estate Appraiser Scope of Experience: Mr. Satter is the President and owner of JCS Real Estate Services, Inc., a real estate appraisal firm that provides one-to-four-unit residential appraisal services. Responsibilities include business development, staff management, and appraisal production and review. Mr. Satter has over 32 years of experience in the valuation of a wide variety of real property types. Mr. Satter has broad experience in the valuation of residential, commercial, industrial and special use real estate throughout the Chicago metropolitan area. Mr. Satter has experience as an expert witness and has been qualified as an expert in the Circuit Courts of Cook, Lake, DuPage, and Will Counties of Illinois, the Chicago Zoning Board of Appeals, Lake and Cook County property tax appeal boards, the Chicago Planning and Zoning Commission, the U.S. District Court for Northern Illinois, and the U.S. District Court for Eastern Michigan. Mr. Satter is a designated Member of the Appraisal Institute (MAI) and General Accredited Appraiser (GAA) of the National Association of Realtors. He has been engaged in the appraisal of real estate since 1992 with experience rendering opinions of value for private clients, financial institutions, mortgage brokers, attorneys, governmental agencies, accountants, and public corporations. Professional Associations and Affiliations: Appraisal Institute MAI #12452 (Awarded March 2007) National Association of Realtors General Accredited Appraiser #4683 (Awarded January 2005) IL Certified General Real Estate Appraiser Illinois Coalition of Appraisal Professionals (ICAP) Former Member of the Glencoe Zoning Board of Appeals and Liaison to the Plan Commission Formal Education: Bachelor of Science - Civil Engineering, University of Illinois - Urbana/Champaign Specialized appraisal and real estate education, Appraisal Institute and North Shore Barrington Board of Realtors Page 360 of 547 ATTACHMENT B Page 361 of 547 ATTACHMENT C Minutes adopted 02.10.2014 WINNETKA ZONING BOARD OF APPEALS MEETING MINUTES EXCERPT JANUARY 13, 2014 Zoning Board Members Present: Joni Johnson, Chairperson Chris Blum Andrew Cripe Mary Hickey Carl Lane Jim McCoy Scott Myers Zoning Board Members Absent: None Village Staff: Michael D’Onofrio, Director of Community Development *** 936 Sunset Rd., Case No. 14-01-V2, Robert and Susan Marren, Variations by Ordinance: (1) Lot Area and (2) Rectangular Buildable Area Mr. D’Onofrio read the public notice. The purpose of this hearing is to hear testimony and receive public comment regarding a request by Robert and Susan Marren concerning variations by Ordinance from Section 17.30.010 [Lot Area, Shape and Dimensions] of the Winnetka Zoning Ordinance to permit Lot 2 of the proposed Marren’s Subdivision to have a lot area of 23,171.88 s.f., whereas a minimum of 24,000 s.f. is required, a variation of 828.12 s.f. (3.45%) and not provide the minimum rectangular buildable area of 16,335 s.f. Chairperson Johnson stated that before she swore in the witnesses, she would like to read a statement which would be applicable to this case as well as the Birch Street case. She stated that for those of you who were at the last meeting on December 9, 2013 you would recall that one of the questions raised with regard to new construction was whether Cook County had passed the Watershed Management Ordinance (“WMO”). Chairperson Johnson stated that the engineer for the applicant stated that he did not think that the ordinance had been passed. In fact the ordinance was passed on October 3, 2013 and would take effect May 1, 2014. She stated that the storm water master plan which was presented to the Village Council made several recommendations relating to the WMO. Chairperson Johnson stated that in addition, the plan discusses the issue of “deep basements” and the implications of flooding and storm water management. Chairperson Johnson stated that consequently, she briefly discussed with Mr. D'Onofrio that it would helpful to have the Village staff or the Public Works Department present at the meeting at which the Birch Street case is next presented. She stated that Susan Chen of the Public Works Department planned to attend the Plan Commission meeting on January 22, 2014 to address storm water issues relating to new construction and in particular, relating to the subdivision request for Page 362 of 547 Final Minutes January 13, 2014 Page 2 936 Sunset. Chairperson Johnson stated that meeting was supposed to take place in December, but that for various technical reasons, the meeting was continued until January 22, 2014. Chairperson Johnson stated that due to the inadequacy of the information presented at the meeting, it is imperative that we obtain the input of Village staff. She stated that if this were a typical adversarial process, they could rely on opposing parties to present expert testimony reporting their respective positions. Chairperson Johnson stated that although they are a quasi-judicial body, they do not typically have an adversarial presentation of evidence and that it is difficult if not impossible for members of the Board to fill in gaps to weigh one side of the evidence, etc. She noted that the WMO is approximately 280 pages and that she did not expect anyone on this Board to be able to digest or understand how it would apply to the Birch Street case or other new construction cases which may come before the Board. Chairperson Johnson stated that she brought the matter up at this meeting since there are flood water implications for this case. She stated that if the applicants wanted to proceed, after the presentation of testimony if the Board members feel that storm water and flooding issues are not adequately addressed, the case could be continued until the next meeting in order to obtain input from the Village staff or in the form of a written report. Chairperson Johnson commented that while the new WMO did not currently apply, it will in 3 months. She also stated that in the agenda report, the architects for the Marrens stated that they did not believe that any new construction will be able to have a basement and that there has not been a final determination in that regard. Chairperson Johnson also stated that the basement issue may not come up at this meeting, but that it is relevant. She then asked if there were any questions. No questions were raised by the Board at this time. Chairperson Johnson swore in those that would be speaking on this case. John Ballack of Timm T. Martin Architects introduced himself to the Board and stated that he would be representing the property owners. He informed the Board that the property owners are seeking to subdivide their property on the corner of Higginson and Sunset and that they are asking for two variations. Mr. Ballack stated that the first variation is to allow for a minimum lot area for the south portion to be under the 24,000 square foot minimum. He stated that since the rectangular building area of the southern lot would be compromised in doing so, they are requesting that the Board allow that to pass as well. Mr. Ballack then stated that with regard to the past history of the lot pre-1976, it was known as the Seabury’s Consolidation and that it used to be two lots which are identical to the proposal. He added that it is documented in the records and that the property was owned by John and Charlene Seabury. Mr. Ballack informed the Board that the reason behind that consolidation was to allow a tennis court to straddle both properties and stated that the subdivision would bring the property back to its historical intent. He noted that the corner lot would be fully compliant with zoning and that the south lot would be complaint except for two issues. Mr. Ballack then stated that it is their hope that the Board passed the request and asked if there were any questions. Ms. Hickey stated that in terms of the ordinance, it states that the rectangular building area is 16,335 square feet. She then asked what is the rectangular building area. Page 363 of 547 Final Minutes January 13, 2014 Page 3 Mr. Ballack stated that with regard to the old ordinance, it was designed for irregularly shaped lots such as this. He then stated that one side has to be 90 feet and that they would have to fit that shape within the boundaries of the irregularly shaped lot. Mr. Ballack stated that with regard to the agenda report, there is a diagram drawn (on page 3) which showed how the corners fall outside of the south property lines. He indicated that it is close, but that it did not fit. Ms. Hickey referred to the rectangular building area out of the proposed parcel. Mr. Ballack responded that they did not explore the exact number. He then stated that if they were to take 10 feet off of the bottom of the rectangular area, it would fit. Mr. Ballack informed the Board that there are two scenarios shown and that the long rectangle at the top showed the area up and down on the page. Mr. Blum informed the applicants that one thing that the Board considers is whether there are conforming alternatives. He then stated that after looking at the proposal, he asked the applicants if they explored conforming alternatives and that it appeared as though lot 1 is significantly over the minimum lot size. Mr. Blum also asked if they could divide it 10 feet to the north and have two conforming lots. Mr. Ballack responded that they did explore conforming alternatives and that if they were to move the boundary line north, they would not have a compliant lot depth because it is a corner lot. He noted that the established north corner lot is to be legally compliant. Chairperson Johnson asked the applicants if they were to do Mr. Blum’s suggestion, could they seek a variation for the corner lot. Mr. Ballack confirmed that they could, but that it would be best to maintain the corner lot as close as possible and to focus on the south lot. He also stated that unless there is input from the neighbors, they would welcome alternatives and that they are flexible. Mr. Cripe asked if they were to take the other approach and ask for a variation on the corner lot, would that address the rectangular issue. Mr. Ballack agreed that it would work on the north lot and that the minimum rectangular building area would fit if they were to adjust the north boundary. He indicated that it is very close as it is. Mr. Ballack reiterated that they would have two noncompliant lots, but that alternative would satisfy the minimum building area. Mr. Lane asked if it would hang over the lot line of the west property. Mr. Ballack noted that only one side has to be a 90 feet minimum. He indicated that while they could play around with the shape, there is no way of telling that here. Chairperson Johnson asked Mr. D'Onofrio for his input. Mr. D'Onofrio informed the Board that the issue was discussed with the applicants in terms of Page 364 of 547 Final Minutes January 13, 2014 Page 4 moving the lot line further north. He stated that at the same time, they would need zoning relief for lot 1 on the corner lot. Mr. D'Onofrio noted that it is important for the Board to understand that this buildable area concept came about in large part because there are so many lots with different topography like ravines where there is a lot area of “X” and 30% of it is table land and 70% of it is on the slope. He stated that therefore, in order to take advantage of the entire lot area, from a practical point of view, it would have to take up the tableland and have the home “cheek to jowl.” Mr. D'Onofrio referred to an adequate space on a similar plane to build a new single family home. He stated that is the reason behind creating buildable area. Mr. D'Onofrio indicated that this situation is a little bit different in that they are not dealing with steep topography. Mr. D'Onofrio then stated that in connection with a large flag lot, a significant portion of the lot area is not usable or buildable. He stated that it is a proportionality issue of how to build a home on a lot which has steep topography that fits on the tableland. Chairperson Johnson referred the Board to Attachment A in the packet of materials and the Village Council and ordinance recitals which go through quite a bit of detail as to why the ordinance was enacted. She stated that you can see the rationale for the change in 1999. Chairperson Johnson noted that there didn’t appear to be many standards governing subdivisions, but that one identified in the Plan Commission agenda packet is that subdivisions should not result in the creation of side lot lines abutting rear lot lines. Mr. Blum stated that it is the ordinance. Mr. D'Onofrio stated that those criteria are for the Plan Commission to consider when looking at subdivision requests. Chairperson Johnson stated that while it is not relevant in that the Board is not ruling on the subdivision request per se, the Board has to have an understanding of the issues raised by subdivision requests. Mr. D'Onofrio referred the Board to Section 16.12.010 of the Village code which is the subdivision regulations. He read the following statement: “that subdivisions shall not result in the creation of one or more lots which have a side lot line which abut rear lot lines.” Mr. D'Onofrio stated that is what would be happening as a result of the subdivision request. He stated that with regard to lots, most of the time, there are side yards abutting side yards, but in that case, they could end up with a rear yard abutting a side yard and that there may not be a positive impact. Mr. Myers stated that he is struggling with regard to how to apply the first criteria to a subdivision which is that the property cannot yield a reasonable return. He stated that in this instance, there is a property that can yield a reasonable return and that if it was divided, there would be a totally different equation in terms of that term. Mr. D'Onofrio responded that it is a little bigger scale in this case and that with regard to reasonable return, the Board is being asked to make a recommendation on a decision as to whether this should remain one lot or be re-subdivided into two lots. Chairperson Johnson stated that is why it was discussed with Mr. D’Onofrio earlier as to whether Page 365 of 547 Final Minutes January 13, 2014 Page 5 to go forward with the consideration of this case until both the Plan Commission and the Village Council make a decision on the subdivision because if they do not go ahead with the subdivision, then the applicants would obviously not need a variance since the Board is to provide an advisory opinion. She then stated that while she felt uncomfortable with that, it was Mr. D'Onofrio's suggestion that they go ahead. Mr. Lane asked if it was possible to have access off of Sunset and have the front yard off of Sunset for the south lot. Mr. Ballack indicated that he did not believe so. He referred to the current home on the corner and stated that they would have to put an easement across the north lot. Mr. Ballack then stated that in looking at the survey, it showed the existing home and that on the west boundary, for the west property line, there is only 14½ feet which would be very tight to put in an easement to allow access to the south lot. He then referred the Board to page 7 of the materials. Mr. Lane asked the applicants if they considered trying to attach a piece of 916 Higginson to make the lot 24,000 square feet. Mr. Ballack responded that they did not. Chairperson Johnson asked if there was any other possibility to subdivide and sell part of the lot to 916 Higginson. Mr. Ballack stated that they are only working within their property. Chairperson Johnson asked the applicants if they have a rough drawing of what the home would look like with a driveway on Higginson and that she assumed that the garage would be in the front. Mr. Ballack stated that on the east side, a hypothetical home was designed to show realistically how a home could be placed within the lot. He stated that it would have a side loaded driveway and referred the Board to page 18 which showed the existing lot with the existing home and the south lot with a hypothetical home. Mr. Ballack also stated that the driveway would be off of Higginson and that a driveway apron would be created. He then informed the Board that a four car garage is shown and that it could be a three car garage. Mr. Ballack added that the front of the home would face northeast. Chairperson Johnson asked Mr. Ballack if his firm is working on the project across the street as their sign is there. She also asked if there were any other questions. Mr. Lane asked how big the hypothetical home is. He referred to the calculation of the approximate square footage of the first floor being 4,200 square feet. Mr. Ballack informed the Board that they submitted a complete zoning study in the packet of materials. He also stated that the total square footage is 7,144 and that half of that would be the first floor. Page 366 of 547 Final Minutes January 13, 2014 Page 6 Ms. Hickey asked if they could put restrictions on the square footage of the proposed home. Chairperson Johnson stated that it could be on the deed. Mr. Ballack stated that a home of that size would be sufficient for that lot. Chairperson Johnson asked what is the square footage of the home across the street on a similar lot. Mr. Ballack stated that he did not know. Mr. Cripe indicated that it looked like the front of the home would be staring into a backyard which he commented seemed awkward. Mr. D'Onofrio stated that in connection with that standard on subdivisions, that showed what that issue is. Mr. Cripe asked if there is no way around that issue and referred to the lot having a different shape. Mr. Ballack responded that there is and that the diagram represented a random example case showing a home to be placed there. He noted that his firm was not retained to design that house and that it was done as a courtesy. Chairperson Johnson stated that another issue is that even if the subdivision goes through, with regard to the variations, there is nothing barring a future owner from asking for more variations. She added that 915 Higginson is almost the exact same shaped lot. Bonnie Rickard identified herself as the property owner and informed the Board that the square footage is half that size. Mr. Myers stated that the applicants are making it clear that they are only showing the possibility. Chairperson Johnson asked if there were any other questions. Mr. Blum stated that it would be helpful for the applicants to run through the factors applied to variations and their position on the standards. Mr. Cripe also asked for the applicants to state the reason they cannot get reasonable return on the property as it exists. Chairperson Johnson asked if there were any other questions. Mr. McCoy stated that the presented option is purely graphic and that the ordinance did not allow for the front door of a home to look into someone’s backyard. He stated that if they were to grant the proposal, they would be creating another problem for a future owner of that lot. Mr. McCoy questioned how they do that to avoid violating the ordinance. Page 367 of 547 Final Minutes January 13, 2014 Page 7 Mr. Ballack stated that he would like to stress that the home is a hypothetical home and that the zoning code would prevent that. Mr. McCoy asked Mr. Ballack to inform the Board where they would put the front door on a home on this lot as a reasonable person where it would not violate the ordinance. Mr. Myers stated that they would end up violating some zoning regulation such as side yard and front yard direction with regard to the way the home is facing. He indicated that you would either have an extremely small home which fit on the lot and met all of the criteria or there would have to be variations on one of those dimensions. Mr. Ballack stated that architecturally speaking, there is more than one way to skin a cat and that they can make it work. He stated that the home would be oriented perpendicular to the north setback and that the main mass of the home would be to the north. Mr. Ballack added that the front door would face due east on Higginson. Chairperson Johnson asked if there were any other questions. No additional questions were raised by the Board at this time. She then swore in the property owners. Bob Marren introduced himself and his wife to the Board and stated that they have a history in Winnetka with a lot of family in Winnetka. He also stated that they are committed to the community and that they have six children who were raised here. Mr. Marren stated that prior to this home, they lived at 787 Sunset. Mr. Marren informed the Board that when his wife’s parents looked for a home to downsize to, they had a hard time finding a smaller home. He stated that they were looking for a home with a master bedroom on the first floor and that there were not many homes which accommodated that regardless of the price tag and that they finally found a home on Birch which fit their needs. Mr. Marren then stated that the prior owner of their home passed the home to their daughter and that only one family lived in the home. Mr. Marren stated that when they looked at the set of old plans for the property; they discovered that it had been two lots. He confirmed that they have no plans to build a home on the property to sell and that the hypothetical rendering is not what he would recommend. Mr. Marren also stated that in no way was the architect charged with coming up with a home for that lot and that the rendering was only done to show that a home could be built. He added that they have no immediate plans to do anything and that the situation seemed like a nice idea, to revert the property to what it had previously been and to be in conformity with the neighborhood. Chairperson Johnson asked if there were any questions. Mr. McCoy stated that the Board is charged with the eight standards to be answered and that they have to see if the request meets the standards. He then referred to the very first standard of reasonable return, as well as unique circumstances. Mr. McCoy described the big one in this case is whether the request would alter the character of the locality. He indicated that while the Page 368 of 547 Final Minutes January 13, 2014 Page 8 property owners obviously care about that, they may want to sell the property in the future to someone who may not have the same history as the property owners. Mr. McCoy stated that he would be more swayed if they were able to get past the first three standards in deciding whether or not to approve the request. Chairperson Johnson asked if there were any other questions not relating to the standards. She noted that the home and the proposed south lot are in the flood plain and referred to the base flood elevation and that most of the lot is in the flood plain and asked if they had any flood detention on the property. Mrs. Marren responded that they have two sump pumps. She informed the Board that they do get standing water in the back. Mr. Marren informed the Board that there is a creek in the back of the property. Chairperson Johnson stated that they understood that there is a lot of water in that area. She then asked if the subdivision is approved and the variations are approved and a home is built at some point, will that exacerbate the flooding on the Marren’s existing property. Mr. Ballack informed the Board that they did look into that and that they have had many conversations with Susan Chen who walked them through the process and the minimum lot grade formula to see whether they can build on a lot in the flood plain. He stated that you take the survey and average of spot elevations on the survey and that if those average lot grade numbers are less than the calculated number in the formula, then you cannot build a basement. Mr. Ballack informed the Board that the calculation for the lot with the subdivision is 622.67 feet at the base elevation. He also stated that the average grade calculation is 622.30 feet which meant that you cannot build a basement, not even on a pad. Mr. Ballack stated that left one option and that the south lot would have to do a floodable crawl space which is what was done at 931 Sunset. Chairperson Johnson stated that if a home is built according to code and that there is a crawl space underneath with no basement, did that mean that the property owners would be in no worse of a position than they are now. Mr. Ballack confirmed that is correct. Mrs. Marren stated that the alternative is that if there is not a subdivision, there could be a huge home on the property and that a basement could be allowed. It was stated that there would be a negative impact on the flood plain issues. Chairperson Johnson asked if there were any other questions. Mr. Myers commented that it is unfair to the property owners to ask them to reply to the standards now. He stated that the applicants got a sense that the Board is struggling and that the Board is charged to address the eight standards to say that there is some rationale. Mr. Myers referred to the proposed zoning change which met these standards and that for some of the standards, there is no question in that there would be no hazard from fire or impact on the light and air of adjacent Page 369 of 547 Final Minutes January 13, 2014 Page 9 properties. He then stated that it is really the first three standards that the Board is struggling with in regard to how to take a reasonable request and put the standards and rationale together. Chairperson Johnson stated that the property owners signed the standards form. She then stated that if they are not prepared to address the standards, the case could be continued in order for them to do so. Mr. Ballack informed the Board that they would like to decline to address the standards, regroup and discuss the issues in more detail. He then asked for a continuance. Chairperson Johnson asked the Board if they should ask the neighbors to come back or let them speak. She then asked for a vote on letting the neighbors speak. Joseph Szokol of 976 Sunset stated that everyone who is here is busy and that they are ready to speak. Chairperson Johnson stated that she is not sure that the basis to continue the case is adequate. She then stated that the Board would let the neighbors speak and that they also have the opportunity to attend the Plan Commission meeting and if this case is continued, to come back before the Board. Mr. Szokol then stated that in connection with the two variations the applicants are asking for, there may be more in the future for a property which is 100% in the flood plain. He described the land as too stressed and that to allow potentially another home is outrageous. Mr. Szokol referred to the fact that while there are no plans to build a home, there are designs for a home which he described as disingenuous. He stated that when it rained, there is flooding which is the most compelling reason. Mr. Szokol also stated that if there is no compelling reason to make a zoning variation, then it should not be done and that to allow the request is outrageous. Bill Krucks, 920 Sunset, informed the Board that he has been a resident for 35 years and that he lives across the street from the property. He stated that he would like to have the opportunity to help the Board and give insight to the neighborhood. Mr. Krucks described the elephant in the room as storm water. He then distributed information to the Board for their review which contained photographs of a rainstorm in April and June 2013 with flooding in the streets. Mr. Krucks then referred to an emergency incident in the neighborhood and that the water was so severe, that emergency vehicles had a difficult time coming down Sunset. Mr. Krucks then stated that with regard to background, he stated that it is not personal, but that in the neighborhood, they are concerned every time there is new construction which asks for variations. He also referred to the connection between parts of the ordinance, especially as it concerned GFA and the mass of the home, which is the reason why the size and mass of homes are restricted. Mr. Krucks stated that in connection with storm water, the stress on infrastructure on the neighborhood is one of the factors which goes into the ordinance. He then stated that in connection with rain causing severe flooding and property damage, the Village engaged Mr. Christopher Burke to study drainage systems which dated to September 2009 and which was presented to the Village Council. Mr. Krucks informed the Board that Steve Saunders identified Birch, Sunset, DeWindt and White Oak as the areas which have the most severe area for flooding Page 370 of 547 Final Minutes January 13, 2014 Page 10 in the Village due to the watershed of the Skokie ditch. He noted that the map of the Skokie ditch in the information dated back to 1864 and that it was referred to as the waterway in the combination of the lots in 1976. Mr. Krucks stated that the entire storm sewer systems fill with 2 inches of rain in the neighborhood and that the water then floated over land. Mr. Krucks stated that the Burke study identified a limiting factor in the area as the area where the Skokie ditch runs open and closed and that it is open all the way to Sunset where it attempted to enter a 24 inch storm sewer but cannot. He also stated that the Burke study found that the waterway was not maintained and that it is filled with debris, fencing material and silt and that as a result, it backed up beginning at Birch and continued through the neighborhood. Mr. Krucks also stated that the Burke study recommended improvements to alleviate the problem and that the construction of a brand new storm sewer system never occurred. Mr. McCoy stated that if they were to grant the variations limiting a future owner of the existing property from building a 14,000 square foot home on that property and also limiting a future home on the property to the south from having a basement, he asked Mr. Krucks if the question he is asking is for the Board to either approve the variations or if it is his testimony that he wanted to keep things the way they are. He indicated that a new owner could tear down the home and build a 14,000 square foot home which would add more problems. Mr. Krucks stated that the request should be rejected because there is nothing worse that can happen now. He stated that a new home would result in the loss of permeable surface. Mr. Krucks informed the Board that the Higginson storm water measured 8 inches and that in the Burke study; it was recommended that no more water be brought to the Skokie ditch since it would otherwise increase flooding downstream to the rest of the neighborhood. Ms. Hickey asked with regard to the new storm water solution by the Village, would Ms. Chen be covering the impact of that at the Plan Commission meeting. Mr. D'Onofrio indicated that he did not know, but that they would be dealing with the issue specific to this area and plan. Mamie Case, 901 Higginson, stated that as far as the Willow Road project, it superseded the Burke plan. She stated that if it occurred, it would be their only relief from the current situation. Ms. Case described it as still hypothetical and so far out in the future like 2018. She then stated that as it currently stands, there are no additional pumping stations at the DeWindt corner or relief other than the Willow Road project for the neighborhood and that she did not know when it would be put in. Ms. Case stated that until then, she described the stress on the area as crazy. She also stated that the Skokie ditch is an open waterway and that as you drive off of Sunset, that is an open waterway of the Skokie ditch and part of another reclamation district and that any request would have to be approved through other municipal channels. Mr. D'Onofrio noted that it is controlled by the Metropolitan Water Reclamation District. Ms. Case then stated that is why you cannot face the home to the spur on Sunset because of the open ditch there. She stated that it is part of the storm sewer system and that the general runoff Page 371 of 547 Final Minutes January 13, 2014 Page 11 goes there. Chairperson Johnson asked Mr. D’Onofrio who is responsible for maintaining the Skokie ditch. The audience responded that it is the Village’s responsibility. Ms. Case went on to state that the open land now served as overflow for storm water management for the Skokie ditch. She stated that the applicants are proposing variations to create a buildable lot where the lot elevation is so far below the base flood plain, even FEMA standards did not apply. Ms. Case indicated that you would have to build a raised home and put in storm water management for the general runoff. She questioned how you can put storm water management for an interior nonconforming lot when the runoff to the Skokie ditch is part of storm water management. Chairperson Johnson stated that Ms. Chen would address the issue with the Plan Commission. She noted that the hypothetical home did not show any storm water or compensatory storage which would be required even without a basement. Ms. Case then asked how the Board can rule on variations for something which is not ever going to be built. Chairperson Johnson responded that it might be built and that the Board is to render an advisory opinion. She also stated that based on what the Board has heard from everyone, they realize that there is a water problem and that they see evidence of it. Ms. Case then stated that with regard to the property being sold as a whole and whether a 14,000 square foot home could be built, that is sheer speculation. She stated that she would prefer that the lot stay together and that they would welcome a 14,000 square foot home versus two homes, one of which would be nonconforming on a corner interior lot. Ms. Case noted that the math calculations from the proposal page reveal that if they were to add square footage from the proposed nonconforming home and the current home, they would still have over 14,000 square feet of space built. She concluded by stating that in granting the variation, some of that space would straddle the flood plain and infringe on the surrounding properties and that she did not see the benefit of granting the variations. Chairperson Johnson asked if there were any other comments. Mike Klein, 955 Sunset, asked if the existing lot would be brought into conformity with regard to detention. Mrs. Marren responded that it would stay the same. Chairperson Johnson stated that if the south lot is developed, it would have to be addressed. Mr. Klein then asked if there was no requirement for the existing home to be brought up to the code if the subdivision is approved. Chairperson Johnson stated that only new construction needed to address compensatory storage Page 372 of 547 Final Minutes January 13, 2014 Page 12 and detention. Mr. D'Onofrio indicated that he is not aware of any subdivision where the existing lot and home is required to make storm water changes if there is already an improved lot. Chairperson Johnson indicated that they could make that a condition of approval. She asked if there were any other comments. Linda Krucks, 920 Sunset, informed the Board that she took most of the photographs which were distributed to the Board and that they live to the east of the property owners. She described them as lovely people. Mrs. Krucks stated that the issue is incomprehensible since they have lived there for so long. She then referred to the property owners and the Sholten’s property to the west as Lake Sunset when there is two inches of rain. Mrs. Krucks also stated that with regard to the property line that the property owners and the Sholtens share, all of the neighbors here are in agreement that they are opposed to the variations. She then stated that in connection with the property owners and the Sholtens, the Sholtens have a crawl space which is floodable and that they have no basement. Mrs. Krucks informed the Board that the Sholtens live at 956 Sunset which is directly to the west. Mrs. Sholten informed the Board that the home was built in 1947 without a basement. Chairperson Johnson stated that they would like to hear from the 915 Higginson property owner. She then stated that if the proposal went through, they would have a driveway and a narrow street. Bonnie Rickard stated that there would be no way to turn around and that the 3,300 or 3,400 square foot home was built in 1970. Chairperson Johnson asked if there were any other comments. Mrs. Marren informed the Board that they get water in their backyard and that they have lived in the home for 7 years. She also stated that they had water once in the basement when there was no electricity. Mrs. Marren then informed the Board that builders have contacted them and that if they sold their property, a home could be built on the lot which would measure 14,000 square feet without any variation. Chairperson Johnson also stated that the applicants may be able to add onto the home without a variation. She asked if there were any other comments. Chairperson Johnson stated that the Board has to decide on the motion to continue the case to the next meeting. Mr. Myers moved to continue the case for 936 Sunset until the next meeting date. Mr. Blum seconded the motion. Mr. McCoy stated that when the case is continued, the applicants are to have addressed the standards. Mr. Myers stated that the only reason the case is being continued is so that the applicants can Page 373 of 547 Final Minutes January 13, 2014 Page 13 address the standards. Chairperson Johnson stated that the applicants had the opportunity to address the standards, they signed the application and chose not to address them in writing or orally and take no responsibility. She stated that she is in favor of a continuance only because they will have the benefit of the Plan Commission meeting and Village staff input on the issues. Chairperson Johnson then stated that when the applicants address the standards when they come back, they should look at the backyards on Sunset, the two homes to the west, the open backyards to the south with no structure there, the issue about changing the character of the neighborhood if the variations are granted and the home which would be built on the south lot. She also stated that they should address changing the character of the neighborhood by adding a home on the south lot. Mr. Cripe asked Mr. D’Onofrio if the applicants can withdraw their petition and come up with specific plans, without prejudice to the subsequent petition. Mr. D'Onofrio responded as long as no action is taken, the applicants can withdraw and resubmit their application. Mr. Cripe indicated that it may be worth considering. Chairperson Johnson stated that the applicants need to decide before the Plan Commission meeting unless there is a Plan Commission continuance. She then asked if there were any other questions. No additional questions were raised by the Board at this time. A vote was taken and the motion was unanimously passed, 7 to 0. AYES: Blum, Cripe, Hickey, Johnson, Lane, McCoy, Myers NAYS: None *** Respectfully submitted, Antionette Johnson Page 374 of 547 Minutes adopted 11.19.2025 1 WINNETKA PLAN COMMISSION MEETING MINUTES EXCERPT 2 SEPTEMBER 24, 2025 3 4 Members Present: Layla Danley, Chairperson 5 Jonathan Alt 6 Christopher Blum 7 Matthew Bradley 8 Chris Enck 9 Liz Kunkle 10 Cyrus Subawalla 11 Kate Van Vlack 12 13 Members Absent: Mamie Case 14 15 Non-Voting Members Present: Bridget Orsic 16 17 Village Staff: Scott Mangum, Community Development Director 18 Ann Klaassen, Assistant Director of Community 19 Development 20 Christopher Marx, Associate Planner 21 22 *** 23 24 a. Case No. 25-16-SD: 936 Sunset Road: Applications seeking approval of a Final Plat of Subdivision 25 to allow a two-lot subdivision of 936 Sunset Road, which requires (i) variations to allow: (a) proposed 26 Lot 2 to provide less than the minimum required lot area and less than the minimum required 27 rectangular buildable area; (b) a side lot line abutting a rear lot line; and (ii) a finding of "No Material 28 Increased Adverse Impact" for existing improvements on proposed Lot 1 (936 Sunset Road) which (a) 29 observe less than the minimum required front yard setback from Sunset Road; (b) observe less than the 30 minimum required corner yard setback from Higginson Lane; and (c) exceeds the maximum permitted 31 width for a front-facing garage door. The Village Council has final jurisdiction on this request. 32 Chairperson Danley asked the Commission Members for any preliminary comments with regard to the 33 application. No comments were made at this time. Ms. Klaassen described the proposed subdivision of 34 the existing lot into two buildable lots. She noted the request is limited to the subdivision itself and the 35 existing improvements with no proposed improvements included as part of the request. Ms. Klaassen 36 identified the property’s location, zoning classification, existing improvements and measurements. She 37 stated the Comprehensive Plan designated the subject property and surrounding properties as 38 appropriate for single family residential uses and the applicant’s use of the site is consistent with the 39 Comprehensive Plan and zoning. 40 41 Ms. Klaassen described Lots 1 and 2 and the existing improvements on Lot 1. She noted the site was 42 originally platted as two lots similar to the current proposal and described the 1976 parcel created to 43 allow construction of the tennis court which would be removed as part of the proposal. Ms. Klaassen 44 noted Lot 1 complied with the zoning standards and summarized Lot 2’s noncompliance and the current 45 requirements in detail. She then identified the subdivision standards that proposed subdivisions are to 46 comply with which she described in detail. Ms. Klaassen referred to irregularly shaped lots in the 47 neighborhood and identified the three existing nonconformities. 48 Page 375 of 547 September 24, 2025 Page 2 1 Ms. Klaassen informed the Commission the site is located entirely in the 100 year flood plain with 2 development on either lot being subject to the Village’s flood hazard protection ordinance as well as 3 MWRD requirements. She stated development on Lot 2 would require storm water detention and flood 4 plain compensatory storage. Ms. Klaassen referred the Commission to an image of a conceptual possible 5 home on the proposed vacant lot in response to the Village’s engineering comments on the proposed 6 subdivision which she described in detail along with compensatory storage and storm water detention. 7 Ms. Klaassen stated the Village’s Engineering Department confirmed with MWRD that surface 8 compensatory storage is acceptable provided it did not impact the storm water conveyance easement 9 and noted there are planned improvements to the Skokie Ditch resulting in increased capacity. She 10 reiterated the applicant is not proposing any new improvements on either lot at this time. 11 12 Ms. Klaassen stated the Water and Electric Department requested a 5-foot utility easement on proposed 13 Lot 2. She stated the ZBA would consider the request at its October 13, 2025, meeting and since the 14 agenda packet was posted, two letters were received from neighbors and provided to the Commission. 15 Ms. Klaassen stated following the applicant’s presentation, public comment and Commission deliberation, 16 a draft motion is provided on page 56 for the Commission. She then asked if there were any questions. 17 18 Mr. Blum stated as his initial preliminary comment, he disclosed that he was on a different zoning board 19 for which an application for this property was presented 11 years ago and the application was withdrawn. 20 Mr. Bradley asked for clarification with regard to the lots appearing to be mirror properties and the forced 21 consolidation by the Village at the time. He asked if the application is a request to put the property back 22 to its original condition. Ms. Kunkle stated after the property was divided, it appeared that the Village 23 increased lot sizes with the neighborhood character now being called small estates. Mr. Alt asked if this is 24 the first stop for this application. Ms. Klaassen confirmed that is correct and outlined the application’s 25 presentation before the various boards. She stated there has been no record of a home being on the lot. 26 Ms. Klaassen also stated by shifting the dividing line between the two lots, it would require zoning relief 27 from the minimum lot depth requirement for Lot 1. Ms. Van Vlack expressed concern in the neighborhood 28 with regard to water displacement. She then referred to 901 and 905 Higginson which represented similar 29 situations of lots being subdivided into a nonconforming size in the R-2 district as well as the lot area 30 requirements at the time. Ms. Klaassen informed the Commission the lot area requirement was increased 31 in 1999 and that it is likely a nonconforming lot with respect to at least the lot area requirements. She 32 added she is not sure when those lots were subdivided. 33 34 Mr. Subawalla asked if the southwest corner represented the lowest point in the neighborhood for the 35 adjacent lots and would result in a water catch point from the surrounding lots. He also asked if the 36 surrounding homes have their own storm water detention systems and where did the storm water 37 detention from this lot get released. Ms. Klaassen responded the proposed lot if developed would drain 38 to the Skokie Ditch and stated she could not speak to the elevation of this lot compared to others. She 39 confirmed the newer home to the west had compensatory storage and noted storm water detention 40 compliance is required with water runoff not being allowed to run to other lots. Mr. Blum questioned the 41 forced consolidation which Ms. Klaassen explained to the Commission. No additional questions were 42 raised at this time. 43 44 Chairperson Danley swore in those speaking to this matter. Christopher Canning, 1000 Skokie Blvd., 45 introduced himself, Bob and Susan Marren, the property owners, and the project engineer, Dan Creaney 46 who prepared the exhibit the Commission Members discussed at the request of the Village Engineer 47 following the comments they made. He confirmed the matter did not relate to a hypothetical home but 48 only the lot. Mr. Canning stated to address Mr. Blum’s question, he explained the reason for their first Page 376 of 547 September 24, 2025 Page 3 1 request to the ZBA. He then referred to 860 Lamson which added a tennis court on their property which 2 had to be consolidated which happened to this property in 1976 in connection with the 936 Sunset, and 3 further explained how 860 Lamson went through the same process to subdivide the lot back to its original 4 configuration. 5 6 Mr. Canning stated the current owners purchased the property in 2006 and are asking for the two lots to 7 be restored to the pre-1976 condition. He stated he discussed with Ms. Klaassen moving the lot line 8 between the lots, and the applicants are willing to amend their application. Mr. Canning stated if the 9 property line is moved north, they would be able to achieve the 3% needed to comply with lot area but it 10 would result in a minimum lot depth variation for Lot 1. Mr. Canning stated they decided to go with the 11 pre-1976 condition and are willing to revisit the alternative if required by the ZBA. He stated it would not 12 change the rectangular variation issue, any storm water calculations or detention areas. Mr. Canning also 13 referred to other smaller homes in the area identified in the application materials and with regard to the 14 minimum rectangular area, he referred to the previous discussion which he cited for the Commission. Mr. 15 Canning referred to the standard addressing the minimum rectangular area which has not been met 16 resulting in the variation being sought in which the spirit of requirement existed has been met. 17 18 Mr. Canning also addressed the comment relating to rear lot lines not abutting side lot lines which 19 currently existed as well as in other areas on Higginson. He then addressed the no material increased 20 adverse impact comment and the letter received from the neighbor which only related to the existing 21 home and not the proposed Lot 2. Mr. Canning addressed the north setback issue which did not represent 22 a material adverse impact as well as the garage door measuring 16 feet which has existed for a long time. 23 He reiterated there is no request pertaining to the proposed Lot 2. 24 25 Mr. Canning then stated with regard to the concerns raised with regard to the flood plain and storm water 26 section of Ms. Klaassen’s memo, the neighbors’ concerns relating to storm water need to be addressed. 27 He stated Mr. Creaney was brought in to address the concerns relating to storm water management 28 regulations and which was a concern to only one neighbor who raised no further concerns. Mr. Canning 29 summarized their response in the materials to the Village Engineer’s request addressing the easements, 30 rights-of-way, setback, maximum building footprint and available space for detention. He emphasized 31 that Exhibit 10 represented a demonstrative example of what could be done and cited language requiring 32 compliance with Village Engineering requirements. Mr. Canning identified surrounding homes built which 33 complied with the engineering requirements and identified 956 Sunset as an example. He then asked if 34 there were any questions. 35 36 Chairperson Danley asked if the applicants have a buyer for the adjacent lot. Mr. Canning responded there 37 is not. Chairperson Danley asked if thought was given to the lot being kept together which would create 38 a situation for the existing home being torn down and replaced and questioned the cost of building 39 detention on the lot. Mr. Canning responded it has not been priced out and an appraisal was submitted 40 estimating the value of the 936 parcel as consolidated and the two separate lots with there being a higher 41 return on two separate lots. 42 43 Mr. Blum asked for an explanation in terms of raising the home in the flood plain which Mr. Creaney 44 explained to the Commission in detail. Mr. Subawalla stated his concern related to if and when the lot 45 went into potential construction, if it would result in it being a contributory catch area for the other lots. 46 Mr. Creaney confirmed they are aware of it. Mr. Canning also referred to the engineering comments with 47 regard to the flood plain elevation. Mr. Blum asked if the lot line is moved north, what is the process in 48 that regard. Ms. Klaassen indicated it is possible to come back to the Commission at the next meeting. Page 377 of 547 September 24, 2025 Page 4 1 The Commission Members discussed the possible outcomes if the lot line is moved and a new, larger home 2 is built and Ms. Klaassen referred to Table 4 on page 9 of the staff memo. Mr. Canning referred to homes 3 built on Meadow which are similar to this property with regard to the flood plain concerns raised. Mr. 4 Blum asked if the only factors the Commission are to consider is whether the nonconformity resulted in a 5 material increased adverse impact with regard to the front yard setback as well as the play structure. Mr. 6 Canning confirmed the play structure can be removed if necessary. 7 8 Ms. Van Vlack referred to flood water being a reality in the area and asked if any analysis was done of the 9 projected impact in terms of what has already been accomplished in connection with the Village’s flood 10 water project. Mr. Creaney described the project in detail that the Village has been working on it for years. 11 12 Chairperson Danley asked if there were any other questions or comments from the Commission or the 13 public. No additional questions were raised at this time. She then called the matter in for discussion. 14 15 Mr. Blum stated this area has been particularly affected by flooding and described the proposal as well 16 presented the concerns being addressed. He referred to the Commission’s narrow scope in terms of their 17 review and stated the requested variations are minimal and there will be no increased adverse impact 18 along with the property’s history. Mr. Blum indicated he would be inclined to recommend approval not 19 knowing what may happen in the future in terms of development. Mr. Enck agreed with the comments 20 made and stated the lot line moving discussion would create another issue with regard to the variation. 21 He also referred to the fact the property would be reverting back to its original condition as well as there 22 being no precedent for it in this particular location. Mr. Enck stated future engineering issues would be 23 addressed at that point. Mr. Subawalla stated as long as the Village Council is cognizant of what is coming 24 down the pike, legally, it would be fine. Mr. Alt stated he had concerns with regard to the precedent it 25 would set and if the Commission decided a subdivision is fine knowing going forward what is possible 26 which did not adhere to conformity requirements, he would vote against the request. Ms. Van Vlack 27 commented the opinions expressed are valid and with regard to the scope of the Commission’s review, 28 she described it as straightforward. She then stated the concerns expressed with regard to it not 29 conforming to be a 24,000 square foot lot, that would warrant revisiting maintaining those standards 30 although that did not address water concerns and there being an effort to mitigate those issues by the 31 Village. 32 33 Ms. Van Vlack concluded she would be in support of the request with consideration of revisions to comply 34 with lot standards. Mr. Bradley stated he appreciated the flood plain and storm water comments and with 35 regard to the Comprehensive Plan, the request would result in the creation of two legally complying R-2 36 lots with the exception of the 3% minimum lot area and rectangular shape. He stated it would be difficult 37 to say these two lots would not conform to the Comprehensive Plan and referred to the problems in 38 connection with building in the flood plain which would be addressed by engineering and compliance 39 requirements. Mr. Bradley stated it would be difficult for this proposal to fail if it were not in the flood 40 plain and he would reserve the rest of his comments for the ZBA meeting. 41 42 Ms. Kunkle agreed with the comments made and stated she did not see a basis to refuse the request 43 based on what is possible down the road noting her concerns were addressed. She agreed the lot would 44 be brought back to its original configuration and she would be in favor of the request. Chairperson Danley 45 stated she also had concerns and referred to the standards changed in neighborhoods to keep homes in 46 a certain configuration. She also referred to the concerns raised with regard to setting precedent which is 47 a concern to her as well as the flooding issues. Chairperson Danley stated if this configuration was not the 48 original lot configuration, she would not consider agreeing to the request but is persuaded by the fact that Page 378 of 547 September 24, 2025 Page 5 1 it would be reverted back to its original configuration. She then asked for the applicant to maintain the 2 lot as is and referred to the significant amount of comments from the neighbors. Chairperson Danley 3 stated based on the Commission’s narrow scope, she is still concerned but that is not a reason to reject 4 the proposal. Trustee Orsic suggested asking the applicant to seek unsolicited offers for the property and 5 although she is not voting, she had concerns which were raised with good reason. Mr. Alt noted the 6 concern of neighborhood in opposition, particularly from five specific neighbors. 7 8 Mr. Bradley stated since the standards the Commission are asked to consider are different than those of 9 the ZBA, he suggested the Commission consider the applicant’s testimony with regard to the possible 10 concession and the play structure removal be included as an approval condition. Mr. Blum agreed with 11 Mr. Bradley’s suggestion and that they do not know what will happen the future. 12 13 Chairperson Danley took a straw poll in terms of making an approval recommendation with a condition 14 related to the play structure removal. Ms. Klaassen agreed the play structure located within the corner 15 yard setback being brought into compliance can be a condition of the motion. 16 17 Chairperson Danley then asked for a motion. Mr. Blum moved to recommend approval of the proposed 18 resubdivision final plat as referenced in the materials with the condition that the existing play structure 19 be either removed or moved to a conforming location. Ms. Kunkle seconded. A vote was taken and the 20 motion passed, 7 to 1: 21 AYES: Blum, Bradley, Danley, Enck, Kunkle, Subawalla, Van Vlack 22 NAYS: Alt 23 NON-VOTING: Orsic 24 25 *** 26 27 Respectfully submitted, 28 29 Antionette Johnson 30 Recording Secretary Page 379 of 547 ATTACHMENT C2 Recommendation to deny 936 Sunset Road – Final Plat Approval: Marren’s Resubdivision (Case No. 25-16-SD) Dear Chairs and Members of the Winnetka Plan Commission and Zoning Board of Appeals, We are writing to respectfully urge you to recommend denial of Case No. 25-16-SD, the proposed subdivision of 936 Sunset Road - Final Plat Approval Marren's Resubdivision. After careful review of the application, supporting materials and relevant Village ordinances, it is clear that this submission would be detrimental to the neighborhood, inconsistent with Winnetka's subdivision standards and contrary to the public health, safety, and welfare. 1. Floodplain and drainage concerns The subject property lies in the floodplain with many areas below floodplain and in a low-lying drainage area. Construction of an additional residence which needs to be raised up 4+ feet from the base floodplain would increase impervious surface area, reducing storm water absorption and potentially redirecting flood water onto adjacent properties. Any fill placed to elevate a new building pad risks displacing water and the compensatory storage requirement will be in conflict with the open Skokie Ditch as it serves as the neighborhood's stormwater repository and uses this open land as its overflow. 2. Noncompliance with lot standards The subdivision requires significant variations: • Proposed Lot 2 fails to meet the minimum lot area and lacks the required rectangular buildable area -a side lot line would abut a rear lot line, creating an irregular and awkward lot configuration that is inconsistent with the Village's subdivision principles. Additionally, because the house must be raised, it will look out of character since it would be built in the backyards and side yards of the surrounding properties. These conditions directly undermine the intent of Winnetka's zoning and planning standards, which are designed to ensure orderly safe and equitable land use. 3. Material adverse impacts on the neighborhood The required finding of "No Material Increased Adverse Impact" cannot be reasonably made here. This subdivision would: • increase flood and drainage risks for the surrounding properties • reduce green space which the open Skokie Ditch uses as overflow • introduces a house out of scale with the neighborhood lots • depresses property values of the neighboring lots by creating a precedent for building into the flood plain on an undersized irregular lot • creates a situation where an existing driveway is compromised by the lack of turnaround space due to the narrow street and new driveway being built directly across from it. 4. Precedent and neighborhood integrity Approving this subdivision would set a troubling precedent, inviting future applications for non- conforming, substandard lots in flood prone areas. For these reasons, the proposed 936 Sunset Road-Final Plat Approval Marren's Resubdivision (Case No. 25-16-SD) cannot be found to meet the Village's requirements for subdivision approval. It would create Page 380 of 547 new risks and adverse impacts without any corresponding public benefit. Please also note the attached photos of the flooding we experience at this exact site. We respectfully request that the Plan Commission and Zoning Board of Appeals recommend denial of this application. Sincerely, Githesh Ramamurthy 916 Higginson Lane James and Cait Langer 956 Sunset Road Nick and Jen Morse 150 Meadow Lane Higgwinn LLC 900 Higginson Lane Greg Case 901 Higginson Lane Page 381 of 547 Page 382 of 547 Page 383 of 547 Page 384 of 547 Page 385 of 547 James & Caitlynde Langer 956 Sunset Road Winnetka, IL 60093 September 23, 2025 To: Chairs and Members of the Winnetka Plan Commission Chairs and Members of the Zoning Board of Appeals 510 Green Bay Road Winnetka, IL 60093 Re: Objection to Marren’s Resubdivision – Case No. 25-16-SD Dear Chairs and Members of the Plan Commission and Zoning Board of Appeals, We write as the immediate next-door neighbors at 956 Sunset Road to respectfully but strongly object to the proposed two-lot subdivision of 936 Sunset Road (Marren’s Resubdivision, Case No. 25-16-SD). While we support the detailed concerns raised by other neighbors, we believe it is critical for the Commission and Board to recognize both the legal deficiencies of this application and the direct personal harms it would cause to our family and property. 1. Failure to Comply with Core Zoning and Subdivision Standards The proposed subdivision requires multiple fundamental variations that undermine Winnetka’s ordinances: • Lot Area & Rectangular Buildable Area (Section 17.30.010): Proposed Lot 2 is 828 square feet smaller than the required 24,000 sq. ft. minimum and fails the rectangular buildable area test of 16,335 sq. ft. with legs of at least 90 feet. • Irregular Lot Configuration (Section 16.12.010): The plan creates a side lot line abutting a rear lot line, which the Subdivision Code expressly prohibits. • Existing Nonconformities: Lot 1 would continue to violate required front and corner setbacks and garage door width standards. The Code requires a finding of “No Material Increased Adverse Impact”, yet approving a subdivision that perpetuates these nonconformities clearly increases adverse impact. These are not minor deviations. They are core standards designed to preserve the integrity of the R-2 District’s “small estate” character. Page 386 of 547 2. Entire Property Lies in the Floodplain The staff report confirms that 100% of 936 Sunset Road lies within the 100-year floodplain. Any new home on Lot 2 would need to be elevated approximately four feet above grade, displacing water and increasing drainage burdens on neighboring properties, including ours. Our yard already experiences significant flooding during rainstorms. Adding another house and additional impervious surfaces on this site would almost certainly increase that flooding, forcing us to bear major additional upkeep costs to protect and maintain our property. Village engineering staff warned that detention and compensatory storage would be extremely difficult to achieve on the proposed Lot 2 given easements and setbacks. As the immediate abutters, we face the greatest risk of increased runoff, water displacement, and damage to our property. Importantly, a subdivision should also require that the existing residence on Lot 1 be brought into compliance with today’s floodplain requirements. The current application does not address this, leaving an already nonconforming structure in place within a high-risk flood zone. The Plan Commission must take this into account before considering approval. 3. Neighborhood Character, Green Space, and Property Values The R-2 zoning district was created for larger “small estate” lots, with a minimum area of 24,000 sq. ft. Approving this subdivision would: • Introduce an oddly shaped, undersized lot inconsistent with surrounding parcels. • Significantly reduce the open green space that contributes to the character of our neighborhood and to the enjoyment of our own backyard. • Place a raised house awkwardly in our backyard, destroying privacy and diminishing the aesthetic and market value of our home. • Depress surrounding property values. The collective real estate losses to neighbors from reduced lot quality, diminished privacy, and floodplain complications would far exceed any private financial gain to the Applicant. In short, the result would be a net loss in value for the neighborhood as a whole. 4. History of Repeated Denial and Prior ZBA Findings This is not the first time the Marren’s have sought to subdivide this property. In 2014, the Zoning Board of Appeals raised nearly identical concerns and continued the case after concluding the Applicant had failed to meet the required standards. At that time, the Board and neighbors identified: • Severe Flooding: Residents testified about Sunset becoming impassable during the 2013 storms, while expert studies confirmed this area as one of Winnetka’s most flood prone. Page 387 of 547 • Subdivision Code Violation: The Board acknowledged that Section 16.12.010 expressly prohibits creating a lot where a side lot line abuts a rear lot line. • Lack of Hardship: ZBA members questioned whether the property could already yield a reasonable return as a single lot, undermining any claim of true hardship. The Marren’s declined to address the eight required standards for granting variations, despite signing the application that required them. • Neighborhood Character: Members worried about the awkward siting of a new house, which would look directly into neighboring backyards and alter the established character of Sunset Road. Nothing material has changed since 2014. Approving this subdivision now would not only ignore these previously identified concerns but also contradict the Village’s own consistent reasoning. 5. Lack of Public Benefit and Hardship Justification The Village’s subdivision standards require that variations only be granted when a true hardship exists and when public health, safety, and welfare are protected. In this case, the Applicant has not demonstrated the type of proven financial or practical hardship that would justify relief from multiple core zoning standards. Instead, the only clear benefit is a private financial gain to the Applicant. The public cost, however, is real: increased flood risk, loss of neighborhood character, diminished green space, and erosion of zoning integrity. Conclusion For the reasons above, the proposed subdivision fails to meet the minimum requirements of the Zoning and Subdivision Codes, presents real floodplain and drainage dangers, undermines the character and open green space of the R-2 District, and repeats an already rejected scheme. It would also impose collective economic harm on neighboring property owners that far outweighs the Applicant’s private gain, producing a net loss for the community. We respectfully urge the Plan Commission and Zoning Board of Appeals to recommend denial of this application to the Village Council. Thank you for your careful consideration. We have also attached views of our backyard after rains. Sincerely, James and Caitlynde Langer 956 Sunset Road Winnetka, IL 60093 Page 388 of 547 Page 389 of 547 Page 390 of 547 Page 391 of 547 Page 392 of 547 Page 393 of 547 From: To: Planning Subject: Marren,s proposed lot subdivision in our neighbrhood Caso NO. 25-16-SD 936 Sunset rd Date: Friday, October 3, 2025 6:35:58 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning My husbund and I own property at 972 Sunset rd across the open Skokie ditch. Every time its raining on subject proprerty is standing water, like a small lake.We can observe this from our second floor bedrooms. This is in addition to overflowing Skokie ditch. House on this lot will add to this problems , no matter how well it will be constructed. We strongly oppose this two lot subdivision., besides it will not fit with the character of the neighborhood. Sincerley Arie and Bozena Zweig Page 394 of 547 Page 395 of 547 Page 396 of 547 MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: ANN KLAASSEN, ASSISTANT DIRECTOR DATE: FEBRUARY 19, 2026 SUBJECT: WINNETKA CONGREGATIONAL CHURCH – 725 PINE STREET SPECIAL USE PERMIT (CASE NO. 25-24-SU) INTRODUCTION On February 25, 2026, the Plan Commission is scheduled to hold a public hearing on an application submitted by Winnetka Congregational Church (the “Applicant”), as owner of the property located at 725 Pine Street (the “Subject Property”). The Applicant is proposing operation of a childcare center within the existing church located on the Subject Property and requests approval of the following: 1. An amendment to an existing Special Use Permit that allowed expansion of the existing church building on the Subject Property in the R-2 Single-Family Residential Zoning District. The requested amendment would allow a childcare center as an accessory use to the existing church on the Subject Property. This request also requires review by the Zoning Board of Appeals (“ZBA”). Once the public hearing before the ZBA is scheduled, public notice of the meeting date will be provided. A mail notice was sent to property owners within 250 feet of the Subject Property, in compliance with Zoning Ordinance, informing them of the public hearing before the Plan Commission (“PC”). The hearing was also properly noticed in the Winnetka Talk on February 5, 2026. Additionally, a public notice sign was posted on the Subject Property informing the public of the PC meeting. As of the date of this memo, staff has received one written comment from the public regarding this application. The comment is provided in Attachment D. The Village Council has final jurisdiction on this request as only the Council has the authority to grant or amend a Special Use Permit. PROPERTY DESCRIPTION The Subject Property, which is approximately 2.36 acres (102,920.6 square feet) in size, is located on the northeast corner of the intersection of Pine Street and Prospect Avenue and contains the Winnetka Congregational Church and a parking lot (Figure 1). Page 1 Page 397 of 547 Prospect Avenue Subject Property Community House Pine Street Lincoln Avenue Arbor Vitae Road Figure 1 – Location Map The Comprehensive Plan designates the Subject Property as appropriate for “Institutional (Religious Institution, School, Governmental & Other Facilities” uses (Figure 2). The Subject Property is located in a residential area with single-family residences surrounding the site, and the Community House in close proximity. The Land Use Plan Map designates the surrounding properties as appropriate for “Single Family Residential” uses. The Comprehensive Plan also contains the following goals relevant to the proposed application: Goal 1.4: The Village will continue to ensure institutional uses, such a schools, religious institutions, and the Public Library are compatible with the residential neighborhoods in which they are located. Initiative 1.4.1: Study and consider establishing a specific zoning district for institutional uses or specific zoning standards for such uses within existing residential districts. This would allow more appropriate zoning standards for these uses. Goal 5.1: Recognizing that educational excellence is one of the primary reasons residents choose Winnetka, the Village will support the community’s public school districts, private schools, and other educational organizations by fostering a culture of student engagement and lifelong learning, as well as supporting the health and safety of students. Initiative 5.1.1: Consider amendments to the zoning ordinance to provide additional clarity regarding pre-kindergarten and daycare institutions to better support the establishment and operation of early childhood education in the Village. This could include changing special uses to permitted uses. Page 2 Page 398 of 547 Subject Property Figure 2 – Comprehensive Plan Land Use Map – Winnetka Futures 2040 Plan The property is zoned R-2 Single Family Residential and it is bordered by the same to the north and east, R-5 and R-4 Single Family Residential to the south, and R-3 Single Family Residential to the west (Figure 3). In addition to single-family residential uses, the R-2 District allows a limited range of additional uses by Special Use Permit. Allowed Special Uses in the R-2 District include (a) church or temple; (b) public school, elementary and high, or private school having a curriculum equivalent to a public elementary school, public high school or public institution of higher learning; and (c) library. The Applicant’s use of the Subject Property as a church is generally consistent with the Comprehensive Plan land use designation and the R-2 zoning district. Subject Property Figure 3 – Zoning Map Page 3 Page 399 of 547 PROPERTY HISTORY AND PREVIOUS ZONING APPLICATIONS According to Village records, construction of the church began in 1935. Subsequent building permits were issued in: 1. 1976 to construct a vestibule addition, enclose a portico, and remodel the church; and 2. 1996 to construct an addition to the church. Other minor permits have also been issued over the last several years. There are four previous zoning cases on file for the Subject Property: 1. In 1955, the Village Council granted a variation to allow the church to use the easterly 125 feet of the church property as a church yard permitting interment of ashes; 2. In 1975, the ZBA reversed the decision of the Village Superintendent of Public Works to issue a permit to construct a driveway and parking lot on an adjoining lot owned by the church. Subsequently, in 1976 the two adjoining lots owned by the Applicant (725 Pine Street and 651 Prospect Avenue) were consolidated into a single Lot of Record and construction of the parking lot was allowed to proceed; 3. In 1996, Ordinance M-450-96 was adopted by the Village Council granting variations and a special use permit to allow expansion of the church building and parking lot. The approved variations were for gross floor area for the building addition and the front yard setback from Prospect Avenue for expansion of the parking lot. The expansion of the church was to the north and provided new fellowship space and classrooms. A copy of Ordinance M-450-96 is provided in Attachment C; and 4. In 2000, an application was submitted by the Winnetka Park District requesting approval of an amendment to the church’s special use permit to allow use of the church’s north addition by the Park District for limited recreational facilities. After receiving recommendations of approval from both the ZBA and the PC, the Park District withdrew the application prior to the Village Council considering introduction of an ordinance approving the request. Figures 4 through 7 on the following pages are current photos of the Subject Property. Page 4 Page 400 of 547 Figure 4 – Subject Property – West Elevation (Pine Street) Figure 5 – Subject Property West Elevation of Parking Lot (Prospect Avenue) Page 5 Page 401 of 547 Figure 6 – Subject Property – South Elevation (Pine Street) Figure 7 – Subject Property – East Elevation (Pine Street) Page 6 Page 402 of 547 PROPOSED PLAN The Applicant is proposing leasing space within the existing church building to Jumpstart Early Learning Services (“Jumpstart”) to operate a childcare center. As described by the Applicant in the attached narrative included in Attachment A, the center would have 11 teachers, one director, and up to 64 students. The center would operate Monday through Friday, 7:00am until 6:00pm for children ages 6 weeks to 6 years old. The proposed plan does not include any expansion of the existing church building or parking lot, nor is a playground currently proposed on the Subject Property. The Applicant indicates that the existing multipurpose room in the church provides opportunity for physical activity, exercise, and play. If this request should ultimately be approved by the Village and the Applicant proposes a playground in the future, the Applicant would need to receive approval of an amendment to the special use permit to allow a playground. Childcare centers are licensed and regulated by the Illinois Department of Children and Family Services (“DCFS”). The Applicant has indicated that they have received preliminary approval from DCFS for the use of the north wing of the church as a daycare facility. Therefore, the Applicant is moving forward with the formal application process with DCFS. Final DCFS approval is contingent upon completion of minor facility modifications, full build-out of the space, and receipt of Village approval. Parking and Traffic. The Applicant indicates that staff for the center will park in the existing on-site parking lot located on the Subject Property. There are currently three marked parking spaces in the circle driveway and 22 spaces in the lot itself, four of those are accessible spaces and one is occupied by the church’s rummage sale truck. In addition to responding to the standards used for evaluation of special uses, the Applicant has provided a traffic impact study prepared by Gewalt Hamilson Associates, Inc. (Attachment A). The analysis concluded: “The capacity analysis results indicated that the increase in project site-generated traffic has little to no effect upon Peak Hour operations or the area roadway network with the recommendations contained herein: • The location of the only full movement church access will be located approximately 125 feet northeast of the Prospect Avenue and Pine Street intersection. • Traffic operations will remain the same as existing for the intersections within this study. • To facilitate vehicles entering and exiting the church driveway, consider restricting parking on Prospect Avenue between the church driveway and Lincoln Avenue. • The church should plan for staff to assist with the drop-off and pick-up operations to help ensure orderly traffic flow on-site.” Director of Engineering/Village Engineer James Bernahl has reviewed the analysis and has the following recommendation based on the information provided by the Applicant: • The proposed Childcare Center can operate at this location with minimal overall impacts to the area. However, it may be necessary to perform ongoing evaluation and possible modifications based on drop-off and pick-up conditions. • Appropriate staffing will be critical in reducing the potential for on-street queuing of vehicles entering the site which would cause safety concerns at this curve on Prospect Avenue. • Parking for staff members on-site should be required to reduce any additional impacts to available Page 7 Page 403 of 547 on-street parking near the site. • Consideration should be given to overlapping of any other existing or future programs that are offered during the day. Previously attendants of church groups during the day would utilize the current on-site parking spaces for these activities. With the increase in additional staff members this could cause additional on-street parking issues. • The Church will need to consider its other current and future programming impacts as it relates to parking needs. Mr. Bernahl has prepared a memo with his conclusions and recommendation, which is included in Attachment B. Figure 8 – October 2,2025 - Plat of Survey of Subject Property Page 8 Page 404 of 547 General Location of Classrooms Figure 9 – Main Level Floor Plan Figure 10 – Upper Level Floor Plan Page 9 Page 405 of 547 Driveway Access to Existing On-Site Parking Pine Street Figure 11 – Aerial of Subject Property Figure 12 – Subject Property – Driveway Access to Parking and Entrance Page 10 Page 406 of 547 FINDINGS & RECOMMENDATION The Plan Commission is charged with evaluating Special Uses for consistence with the six standards for granting special use permits. In the attached application materials submitted by the Applicant, the Applicant has provided a statement of justification regarding how the requested Special Use Permit meets the standards for granting the requested Special Use permit. After hearing from the Applicant and the public, the Commission may decide to take action on one or two options: 1) Continue the public hearing to a specific date to provide the Applicant and/or staff with additional time to address questions and comments from the Commission or the public; or 2) Consider a motion recommending approval or denial of the Special Use. If the Commission is prepared to make a recommendation to the Village Council regarding the requested relief, a Commissioner may wish to make a motion recommending approval or recommending denial based upon the following: Move to recommend approval [denial] a Special Use Permit to allow an amendment to the existing special use granted by Ordinance M-450-96 to allow a childcare center to operate within the existing church building on the Subject Property, based on evidence in the record, or a public document, and upon the following findings of fact: 1. The proposed use is consistent [is not consistent] with the Standards for the granting of Special Use Permits, as follows: a. That the establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, comfort, morals or general welfare; b. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; c. That the establishment of the special use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; d. That adequate measures have been or will be taken to provide ingress and egress in a manner which minimizes pedestrian and vehicular traffic congestion in the public ways; e. That adequate parking, utilities, access roads, drainage and other facilities necessary to the operation of the special use exist or are to be provided; and f. That the special use in all other respects conforms to the applicable regulations of this and other Village ordinances and codes. [If the Commission chooses to place conditions as part of its recommendation of approval, it will want to include the conditions here.] ATTACHMENTS Attachment A: Application Materials Page 11 Page 407 of 547 Attachment B: Director of Engineering/Village Engineer Bernahl February 11, 2026, Memo Attachment C: Ordinance M-450-96, adopted by the Village Council on March 19, 1996 Attachment D: Public Correspondence Page 12 Page 408 of 547 ATTACHMENT A Page 409 of 547 Community Benefits Statement Winnetka Congregational Church (WCC) – Proposed Childcare Center For nearly 150 years, Winnetka Congregational Church (WCC) has partnered with the Village of Winnetka to create and sustain community institutions and traditions. From helping to establish the public library and the Community House, to hosting the annual Fourth of July celebration, to raising millions of dollars for social service agencies through our Rummage Sale, WCC has continually worked to serve beyond its walls. Our proposal to lease space for a licensed childcare center, Jumpstart Early Learning Service to operate Monday-Friday 7:00am-6:00pm for children ages 6 weeks to 6 years old. Jumpstart will operate with 11 Teachers, 1 Director, and up to 64 children at full capacity. Why This Matters for Winnetka • Supports working families Convenient weekday care in the Village center strengthens Winnetka’s ability to attract and retain young families who want to live and work here. Research shows many other local childcare centers have waiting lists of up 30 children. Jumpstart’s reputation and this need have already started a quiet list of families hoping to enroll. • Activates the pedestrian environment Parents walking children to and from the center add daily vitality to the Village’s business district, consistent with the Winnetka Futures 2040 vision for a walkable, family- friendly community. • Protects neighborhood character The use adapts existing space within WCC’s historic building. No retail storefronts are lost; no new building is proposed. • Shares resources responsibly WCC’s parking lot, largely unused during weekdays, will meet the center’s needs without reducing parking available for nearby shops and restaurants. • Continues a tradition of service Just as WCC helped launch community institutions in the past, this project invests in today’s needs—supporting children, parents, and neighbors. Our Commitment • To operate in compliance with all Village codes and safety standards. • To collaborate with Village staff and neighbors on traffic, parking, and design details. Page 410 of 547 • To create a welcoming, high-quality environment that reflects Winnetka’s values. DCF Details for Teacher/Student Ratios: Based on DCFS guidelines the infant room must have a 1:4 ratio (1 teacher for every 4 children). We are anticipating approval for 16 infants. That would be 16 children and 4 teachers for our infant program. Toddler rooms are a 1:5. We are anticipating 15 children so that would be 3 teachers and 15 students in our toddler program. Two-year-old classes are 1:8. We are anticipating approval for 16 children so that would be 2 teachers and 16 children. Preschoolers are 1:10. We are anticipating an approval of 17 children. That would be 2 teachers and 17 children. 64 children and 11 teacher’s and 1 Director total. In short: This childcare center is not just about adapting space within WCC—it’s about continuing a 150-year partnership with the Village of Winnetka to ensure our community remains vibrant, family-friendly, and supportive of all who call it home. Page 411 of 547 V I L L A G E O F W I N N E T K A, DEPARTMENT OF COMMUNITY DEVELOPMENT ILLINOIS SPECIAL USE PERMIT STANDARDS 1. That the establishment, maintenance, and operation of the special use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; Jumpstart Early Learning Services (Jumpstart) will be fully licensed and regulated under the Illinois Department of Children and Family Services (DCFS) standards, ensuring compliance with all state-mandated health, safety, and operational requirements. These standards govern everything from staff qualifications and background checks to classroom ratios, emergency procedures, sanitation, and food service, guaranteeing that the center maintains the highest level of care and accountability. Based on DCFS staffing guidelines, Jumpstart’s program is structured to ensure appropriate supervision and high-quality care across all age groups. The infant room operates at a 1:4 ratio; with anticipated approval for 16 infants, the program will be staffed by four teachers. Toddler classrooms follow a 1:5 ratio, supporting 15 children with three teachers. Two-year-old classes maintain a 1:8 ratio, accommodating 16 children with two teachers. Preschool classrooms operate at a 1:10 ratio, with planned enrollment of 17 children supported by two teachers. In total, the program is designed to serve 64 children with a dedicated team of 11 teachers, and one Director, fully aligned with DCFS requirements. All classroom doors will be equipped with keyed entry and interior latch locks. All main entrance doors will feature secure keypad buzzer entry systems. The existing room numbering system will be retained to minimize confusion and ensure clear communication among WCC staff, Jumpstart staff, and emergency responders, including police and fire personnel. The Jumpstart staff will undergo all necessary training to ensure all processes and procedures are followed in case of emergency. (As a bonus the Executive Director of Operations at WCC was the Associate Dean of Budget and Administration at the School of the Art Institute of Chicago for many years and worked with CPD and CFD on shelter-in-place drills, and actual campus emergencies and threats. We have a solid team of experience on both sides of the building). An administrative office will be located at the building’s main entrance, along with a secure keypad-access door separating the church space from the childcare facility on the main floor. We expect the office will always be staffed when the center is open. A similar keypad-access entry will be installed on the second floor. WCC currently maintains lockdown doors as part of its Vanderbilt security system, and Jumpstart will explore implementing a system with comparable features and/or in-classroom panic Page 412 of 547 buttons. While the primary focus is education, creativity, motor skill development, and overall childhood growth, maintaining a safe and secure environment remains one of the highest priorities as well. In addition to meeting rigorous state standards, Jumpstart will serve as a valuable community asset by supporting the growing demand for quality early childhood care in the area. By providing a safe, nurturing, and educational environment, Jumpstart will allow parents and guardians to work or study with peace of mind, knowing their children are in capable hands. This service directly enhances the general welfare of the community by strengthening family stability, supporting local employment, and contributing to the family-friendly neighborhood fabric. 2. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; The proposed childcare center will not be substantially injurious to the use and enjoyment of other properties in the immediate vicinity, nor will it diminish or impair property values. Operations will be limited to weekday daytime hours, aligning with typical neighborhood activity patterns and minimizing any potential disruption to adjacent properties. Outdoor playtime is not a requirement of DCFS and does not require a waiver; however, opportunities for fresh air and outdoor activity are always beneficial for children. The gymnasium within the building provides a substantial and well-equipped space to support fine and gross motor skill development, offering children ample opportunities for physical activity, exercise and play. While a dedicated playground would be ideal; it is not essential at this stage and may be considered in future phases subject to additional special use permits and a certificate of appropriateness. Jumpstart currently has two staff members who assist with pick-up and drop-off at their existing locations, and this arrangement has proven effective. They are prepared to adapt and adjust should backup or traffic flow issues or complications arise. Because the traffic study no longer requires a one-way entrance and exit, we do not anticipate significant queuing or overflow onto Prospect. Their team follows efficient, well- organized procedures to assist children and families safely and promptly when entering and exiting their vehicles. High-quality childcare centers such as Jumpstart are widely recognized as neighborhood assets that contribute to a community’s vitality and desirability. By offering a trusted, licensed service that meets the needs of local families, the proposed use will likely have a neutral to positive effect on nearby property values and enhance the overall appeal of the area as a family-oriented, well-supported neighborhood. Page 413 of 547 3. That the establishment of the special use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; The proposed use will occupy existing building space, requiring only modest interior improvements and site adjustments that will not alter the physical character or development potential of surrounding parcels. Because the project does not introduce new large-scale structures, traffic-intensive operations, or environmental impacts, it will maintain compatibility with the existing mix of nearby residential, commercial, and institutional uses. Adjacent properties will retain full opportunity for continued improvement and redevelopment consistent with zoning allowances. Furthermore, by activating an existing space with a stable, community-serving tenant, the childcare center may encourage continued investment in the surrounding area. The presence of families and staff during weekday hours can increase neighborhood vitality, pedestrian activity, and local patronage of nearby businesses—all of which contribute positively to the district’s normal and orderly development. Recent research indicates a growing demand among families for high-quality childcare options such as Jumpstart Early Learning Services. Well-run childcare centers promote socialization, healthy development, consistency, and a strong sense of security for young children while providing dependable support for working families. Nearby childcare providers currently maintain waitlists exceeding 30 children, leaving many families feeling overwhelmed by the limited availability of care close to home. At the same time, our facility has remained largely vacant Monday through Friday for several years. Again, with only minor interior modifications, this underutilized space presents a valuable opportunity to deliver a much-needed service and meaningful resource to the surrounding community. 4. That adequate measures have been or will be taken to provide ingress and egress in a manner which minimize pedestrian and vehicular traffic congestion in the public ways. A traffic management plan has been developed and submitted as part of this application, outlining clear procedures for drop-off and pick-up operations during peak times. The site’s design includes a single circular drive entry and exit point, allowing vehicles to move in a continuous flow without the need for backing or extended idling. Childcare center staff will be present during arrival and departure periods to assist with the safe loading and unloading of children, ensuring that vehicles move promptly and that pedestrians remain protected. Signage may be installed to ensure proper safety routes are followed. Page 414 of 547 The plan prioritizes safety and efficiency by separating vehicular circulation from pedestrian pathways, providing designated crosswalks, and maintaining clear sightlines for drivers. These coordinated measures will effectively minimize congestion in the public right-of-way, reduce potential traffic conflicts, and promote an orderly flow of vehicles throughout the day. 5. That adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the special use exists or are to be provided; Twelve Jumpstart staff members will be on site during normal operations. Staff will park in the Winnetka Congregational Church parking lot, which has ample capacity and remains largely underutilized during weekday business hours. The WCC parking lot has 4 handicap spaces and 20 other parking spaces, including parking along Pine Street, which is sufficient for WCC staff, Jumpstart staff, visitors and vendors. Staff may also arrive by public transportation. In the event WCC needs use of the parking lot for concurrent programming, staff may be directed to park in nearby Village public parking lots, consistent with existing shared-parking practices in the East Elm district. Current occupancy levels, observed by the Village, indicated adequate capacity during daytime hours. Jumpstart catering deliveries will occur at 7:30am-11:30am by catering van. All essential utilities—including water, sewer, electricity, and internet—are already established and sufficient to meet the operational demands of the childcare facility. The building’s existing systems comply with current codes and will be reviewed as part of the DCFS licensing process to ensure continued safety and reliability. The site’s access roads and drainage infrastructure are also in place and in good condition. No new impervious surface or major site alteration is proposed, and stormwater will continue to be managed through the existing system without impact to surrounding properties. Collectively, these existing and planned measures ensure that all necessary operational facilities are adequate to support the proposed special use. 6. That the special use in all other respects conforms to the applicable regulations of this and other village ordinances and codes. The project will meet or exceed all requirements related to building, zoning, life safety, and accessibility, and will be reviewed by Village departments as part of the permitting process to ensure full compliance. Jumpstart Early Learning Services will also adhere to all Illinois Department of Children and Family Services (DCFS) licensing standards, which govern health, safety, staffing, and facility operations. Page 415 of 547 By meeting every relevant local and state requirement, the project ensures that the special use will operate safely, responsibly, and in full harmony with surrounding uses and the broader goals of the Village’s zoning and development ordinances. Page 416 of 547 Page 417 of 547 Page 418 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Part I. Introduction and Project Context Gewalt Hamilton Associates, Inc. (GHA) has conducted a Traffic Impact Study (TIS) for the proposed daycare program to be operated from the existing Winnetka Congregational Church building at 725 Pine Street. The Winnetka Congregational Church is seeking a Special Use Permit from the Village of Winnetka. No changes to the site development are proposed as part of the requested Special Use. Existing, there is one full movement access to the church site on Prospect Avenue. The following summarizes our findings and provides various recommendations for your consideration. Appendices referenced are in the Technical Addendum at the end of this document. Part II. Background Information Site Location Map and Roadway Inventory Exhibit 1 provides a site location map. The existing traffic operations in the site area are illustrated on Exhibit 2. Appendix A provides a photo inventory of operations along the site frontage. Pertinent comments to the adjacent roadways include: Lincoln Avenue  Lincoln Avenue is a north-south local route under the jurisdiction of the Village of Winnetka.  Lincoln Ave provides one travel lane in each direction and terminates at Humboldt Ave to the north and Oak St to the south of the site.  Lincoln Ave is one-way southbound between Humboldt Ave and Pine St.  Lincoln Avenue is under stop-sign control at its “T” intersection with Prospect Avenue.  No speed limit is posted on Lincoln Avenue and no historical AADT volume is available. Prospect Avenue  Prospect Avenue is a curved east-west and north-south local route under the jurisdiction of the Village of Winnetka.  Prospect Ave provides one travel lane in each direction and terminates at Tower Road to the north and Lincoln Ave at the south end.  Prospect Ave is under stop-sign control at its “T” intersection with Pine Street.  Parking is prohibited by signage on the church side of the street. On the opposite side of the street, on-street parking is limited to 4 hours between 7AM and 5PM on weekdays.  No speed limit is posted on Prospect Avenue and no historical AADT volume is available. Pine Street  Pine Street is an east-west local route under the jurisdiction of the Village of Winnetka.  On-street parking is permitted on the church side of the street along Pine Street and prohibited by signage on the opposite side of the street.  No speed limit is posted on Pine Street and no historical AADT volume is available. Pedestrian Facilities  Sidewalk is provided on both sides of Lincoln Avenue, Prospect Avenue, and Pine Street within the site vicinity. Gewalt Hamilton Associates, Inc. 1 Page 419 of 547 Page 420 of 547 Page 421 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Existing Traffic Exhibit 3 summarizes the existing weekday morning and evening peak hour traffic volumes. Peak period traffic turning movement counts were conducted by GHA on Thursday December 4, 2025, from 6:00 AM to 9:00 AM and from 3:00 PM to 6:00 PM at the intersections of Lincoln Avenue and Prospect Ave and Prospect Avenue and Pine Street. The observed weekday morning and evening peak hours generally occurred from 8:00 to 9:00 AM, 3:30 to 4:30 PM, respectively. No unusual activities (e.g., roadway construction, or inclement weather) were observed during our counts that would be expected to impact traffic volumes or travel patterns in the vicinity. Summaries of the 2025 existing traffic counts and can be found in Appendix B. Gewalt Hamilton Associates, Inc. 4 Page 422 of 547 Page 423 of 547 Page 424 of 547 Page 425 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Part III. Traffic Evaluation Future Site Characteristics Proposed Program Plan Winnetka Congregational Church is seeking to operate a daycare program in the existing church building at 725 Pine Street. No changes to the site development are proposed. There is an existing church full movement access along Prospect Avenue approximately 125 feet northeast of the intersection of Prospect Avenue and Pine Street. The daycare is expected to have operating hours of 7:00 AM to 6:00 PM and hold a maximum of 64 attendants. This dimension is also illustrated on Exhibit 5. Trip Generation Table 2 summarizes the traffic generation calculations for the proposed development. Trip generation rates published by the Institute of Transportation Engineers (ITE) in the 12 th Edition of the Manual Trip Generation were used to determine the anticipated traffic generated by the proposed development. As can be seen in Table 2 the proposed daycare program is expected to generate approximately 51 trips (combined inbound and outbound) during each of the Peak Hours and approximately 244 trips (again inbound and outbound total) in a 24-hour period. Daycare facilities tend to have more spread out arrival and departure times than typical schools experience with drop-off and pick-up occurring generally within a two-hour window. By combining the anticipated trips with the observed Peak Hours, we have considered the maximum impacts of the proposed daycare program. See Appendix E for excerpts of the ITE manual. Table 2: Trip Generation Calculations Weekday Peak Hours Morning Evening Land Use ITE 8:00-9:00 AM 3:30-4:30 PM Daily Size Code In Out Sum In Out Sum In Out Sum Day Care Center 64 Attendants 565 27 24 51 24 27 51 122 122 244 New Trips 27 24 51 24 27 51 122 122 244 Sources:ITE Trip Generation Manual, 12th Edition - See Appendix E Trip Distribution Table 3 provides the anticipated distribution of site traffic. This was based on existing site travel patterns, proposed access, and the operational characteristics of the adjacent street system. The majority of daycare traffic is expected to be destined to and from the west along Lincoln Avenue and ultimately Green Bay Road further west. Gewalt Hamilton Associates, Inc. 8 Page 426 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Table 3: Trip Distribution Percent Route Route & Direction To/From Site Lincoln Avenue North of Propsect Avenue 35% South of Propsect Avenue 35% Prospect Avenue East of Pine Street 10% Pine Street South of Propsect Avenue 20% Totals = 100% Traffic usage of the area roadway network is also illustrated on Exhibit 5 Site and Total Traffic Assignments Exhibit 5 illustrates the site traffic assignments for the development’s trips, which is based on the traffic characteristics summarized in Tables 2 and 3 (traffic generation and trip distribution) and assigned to the area roadways. As previously noted, the proposed daycare program is anticipated to open in 2026. Therefore, we have considered the total impacts of the complete development for the year 2031, or buildout plus five years. The site traffic (Exhibit 5) and 2031 No-Build traffic (Exhibit 4) were combined to produce the 2031 Total traffic, which is illustrated on Exhibit 6. Gewalt Hamilton Associates, Inc. 9 Page 427 of 547 Page 428 of 547 Page 429 of 547 Page 430 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Table 5: Level-of-Service Summary Movement Group By Approach Intersection / Timeframe Roadway Conditions > = Shared Lane - = Non Critical or Not Allowed Movement Eastbound Westbound Northbound Southbound 1. Lincoln Ave & Prospect Ave AWSC - NB/SB/WB Stop LT TH RT LT TH RT LT TH RT LT TH RT • LOS - - - A - < - A < > A - • Delay - - - 7.7 - - - 7.6 - - 8.4 - A. Existing Traffic (See Exhibit 3) • 95th Queue Length (ft) - - - 7.7 - - - 10.2 - - 17.9 - • Approach LOS (Delay) - A (7.7) A (7.6) A (8.4) • LOS - - - A - < - A < > A - AM • Delay - - - 7.7 - - - 7.6 - - 8.4 - B. 2031 No-Build Traffic (See Exhibit 4) Peak • 95th Queue Length (ft) - - - 7.7 - - - 10.2 - - 20.5 - • Approach LOS (Delay) - A (7.7) A (7.6) A (8.4) • LOS - - - A - < - A < > A - • Delay - - - 7.9 - - - 7.7 - - 8.6 - C. 2031 Total Traffic (See Exhibit 6) • 95th Queue Length (ft) - - - 7.7 - - - 12.7 - - 20.5 - • Approach LOS (Delay) - A (7.9) A (7.7) A (8.6) • LOS - - - A - < - A < > A - • Delay - - - 7.4 - - - 7.8 - - 8.3 - A. Existing Traffic (See Exhibit 3) • 95th Queue Length (ft) - - - 5.0 - - - 15.1 - - 17.6 - • Approach LOS (Delay) - A (7.4) A (7.8) A (8.3) • LOS - - - A - < - A < > A - PM • Delay - - - 7.4 - - - 7.8 - - 8.3 - B. 2031 No-Build Traffic (See Exhibit 4) Peak • 95th Queue Length (ft) - - - 5.0 - - - 15.1 - - 17.6 - • Approach LOS (Delay) - A (7.4) A (7.8) A (8.3) • LOS - - - A - < - A < > A - • Delay - - - 7.6 - - - 7.9 - - 8.5 - C. 2031 Total Traffic (See Exhibit 6) • 95th Queue Length (ft) - - - 7.6 - - - 15.1 - - 20.2 - • Approach LOS (Delay) - A (7.6) A (7.9) A (8.5) Gewalt Hamilton Associates, Inc. 13 Page 431 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Table 5: Level-of-Service Summary (cont.) Movement Group By Approach Intersection / Timeframe Roadway Conditions > = Shared Lane - = Non Critical or Not Allowed Movement Eastbound Westbound Northbound Southbound 2. Prospect Ave & Pine St TWSC - NB Stop LT TH RT LT TH RT LT TH RT LT TH RT • LOS - - - A A - A - < - - - • Delay - - - 7.4 0.0 - 9.3 - - - - - A. Existing Traffic (See Exhibit 3) • 95th Queue Length (ft) - - - 0 0 - 5 - - - - - • Approach LOS (Delay) - A (1.5) A (9.3) - • LOS - - - A A - A - < - - - AM • Delay - - - 7.4 0.0 - 9.3 - - - - - B. 2031 No-Build Traffic (See Exhibit 4) Peak • 95th Queue Length (ft) - - - 0 0 - 5 - - - - - • Approach LOS (Delay) - A (1.5) A (9.3) - • LOS - - - A A - A - < - - - • Delay - - - 7.5 0.1 - 9.6 - - - - - C. 2031 Total Traffic (See Exhibit 6) • 95th Queue Length (ft) - - - 0 0 - 7.5 - - - - - • Approach LOS (Delay) - A (1.6) A (9.6) - • LOS - - - A A - A - < - - - • Delay - - - 7.5 0.0 - 9.3 - - - - - A. Existing Traffic (See Exhibit 3) • 95th Queue Length (ft) - - - 0 0 - 5.1 - - - - - • Approach LOS (Delay) - A (1.3) A (9.3) - • LOS - - - A A - A - < - - - PM • Delay - - - 7.5 0.0 - 9.3 - - - - - B. 2031 No-Build Traffic (See Exhibit 4) Peak • 95th Queue Length (ft) - - - 0 0 - 5.1 - - - - - • Approach LOS (Delay) - A (1.3) A (9.3) - • LOS - - - A A - A - < - - - • Delay - - - 7.5 0.1 - 9.6 - - - - - C. 2031 Total Traffic (See Exhibit 6) • 95th Queue Length (ft) - - - 0 0 - 5.1 - - - - - • Approach LOS (Delay) - A (1.6) A (9.6) - Gewalt Hamilton Associates, Inc. 14 Page 432 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Table 5: Level-of-Service Summary (cont.) Movement Group By Approach Intersection / Timeframe Roadway Conditions > = Shared Lane - = Non Critical or Not Allowed Movement Eastbound Westbound Northbound Southbound 3. Prospect Ave & Church Full Access TWSC - NB Stop LT TH RT LT TH RT LT TH RT LT TH RT • LOS - - - A A - A - < - - - AM • Delay - - - 7.5 0.0 - 9.3 - - - - - A. 2031 Total Traffic (See Exhibit 6) Peak • 95th Queue Length (ft) - - - 0 0 - 2.6 - - - - - • Approach LOS (Delay) - A (0.8) A (9.3) - • LOS - - - A A - A - < - - - PM • Delay - - - 7.4 0.0 - 9.2 - - - - - A. 2031 Total Traffic (See Exhibit 6) Peak • 95th Queue Length (ft) - - - 0 0 - 2.6 - - - - - • Approach LOS (Delay) - A (0.8) A (9.2) - Capacity analysis summary printouts are provided in Appendix F. Gewalt Hamilton Associates, Inc. 15 Page 433 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Access Spacing  The only existing church full access is located approximately 125 feet northeast of Prospect Avenue & Pine Street. Recall, this dimension is illustrated on Exhibit 5. The following summarizes the findings of the Capacity Analyses. Lincoln Avenue & Prospect Avenue Currently, all movements operate at LOS A or better and are expected to remain at LOS A or better through buildout. Prospect Avenue & Pine Street Currently, all movements operate at LOS A or better and are expected to remain at LOS A or better through buildout. Prospect Avenue & Church Full Access After the daycare program is instituted the Church Full Access is expected to operate at LOS A or better for all movements. Parking Analysis Table 6 illustrates the required and projected parking based on the ITE Parking Generation Manual, 6 th Edition (See Appendix G). The Village of Winnetka Ordinance does not provide specific guidelines for off-street parking for a Daycare Center facility. Table 6: Parking Generation Calculations Parking Spaces ITE ITE Parking Muncipal Code Projected Use Code Size Unit Manual Code Required Demand Provided 0.25 Space Day Care Center 565 64 Attendants N/A N/A 16 25 per Attendant Total: N/A 16 25 Sources: ITE Parking Generation Manual, 6th Edition - See Appendix G As shown in Table 6, the ITE projected demand for a Day Care Center of similar 64 attendants are 16 spaces. The site currently provides more than adequate parking spaces of 25. On street parking along Pine Street is also available for the daycare. It is estimated that the daycare program will have 10-15 full-time staff. Gewalt Hamilton Associates, Inc. 16 Page 434 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois Part IV. Recommendations and Conclusions Analyses have been conducted under existing and future conditions to determine the impact from the proposed daycare program on the study area intersections. The capacity analysis results indicate that the increase in project site-generated traffic has little to no effect upon the Peak Hour operations of the area roadway network with the recommendations contained herein:  The location of the only full movement church access will be located approximately 125 feet northeast of the Prospect Avenue & Pine Street intersection.  Traffic operations will remain the same as existing for the intersections within this study.  To facilitate vehicles entering and exiting the church driveway, consider restricting parking on Prospect between the church driveway and Lincoln Avenue.  The church should plan for staff to assist with the drop-off and pick-up operations to help ensure orderly traffic flow on-site. Part V. Technical Addendum The following Appendices were previously referenced. They provide technical support for our observations, findings and recommendations discussed in the text. Appendices A. Photo Inventory B. 2025 Traffic Count Summaries C. Crash Summary Map D. CMAP Traffic Projections E. ITE Trip Generation Manual Excerpts F. Capacity Analysis Worksheets G. ITE Parking Generation Manual Excerpts 6213.900 WCC Day Care Traffic TIS 011226.docx Gewalt Hamilton Associates, Inc. 17 Page 435 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois TECHNICAL ADDENDUM Page 436 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDICES A. PHOTO INVENTORY B. 2025 TRAFFIC COUNT SUMMARIES C. CRASH SUMMARY MAP D. CMAP 2050 TRAFFIC PROJECTIONS E. ITE TRIP GENERATION MANUAL EXCERPTS F. CAPACITY ANALYSIS WORKSHEETS G. ITE PARKING GENERATION MANUAL EXCERPTS Page 437 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX A Photo Inventory Page 438 of 547 Looking North along Lincoln Avenue approaching Prospect Avenue Looking South along Lincoln Avenue approaching Prospect Avenue Looking East across Lincoln Avenue at Prospect Avenue Looking West along Prospect Avenue approaching Lincoln Avenue Appendix A Photo Inventory Page | 1 Page 439 of 547 Looking North along Pine Street approaching Prospect Avenue Looking South across Prospect Avenue at Pine Street Looking East along Prospect Avenue approaching Pine Street Looking West along Prospect Avenue approaching Pine Street Appendix A Photo Inventory Page | 2 Page 440 of 547 Looking North along Church Full Access approaching Prospect Avenue Looking South across Prospect Avenue at Church Full Access Looking East along Prospect Avenue approaching Church Full Access On Street Parking along Pine Street Appendix A Photo Inventory Page | 3 Page 441 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX B 2025 Traffic Count Summaries Page 442 of 547 Appendix B Gewalt Hamilton Associates Inc. Lincoln Ave at Prospect Ave 625 Forest Edge Drive Count Name: Lincoln Ave at Prospect Ave 6213.900 WCC Day Care Traffic Site Code: 6 AM - 9 AM, 3 PM - 6 PM Vernon Hills, Illinois, United States 60061 Start Date: 12/04/2025 GHA Mio (847) 478-9700 poster@gha-engineers.com Page No: 1 Turning Movement Data Prospect Ave Lincoln Ave Pine St Westbound Northbound Eastbound Start Time U-Turn Left Thru Peds App. Total U-Turn Left Right Peds App. Total U-Turn Thru Right Peds App. Total Int. Total 6:00 AM 0 0 0 0 0 0 1 1 0 2 0 1 2 2 3 5 6:15 AM 0 0 1 0 1 0 3 0 0 3 0 2 2 0 4 8 6:30 AM 0 0 1 0 1 0 2 2 0 4 0 1 6 0 7 12 6:45 AM 0 1 0 1 1 0 2 1 1 3 0 4 2 0 6 10 Hourly Total 0 1 2 1 3 0 8 4 1 12 0 8 12 2 20 35 7:00 AM 0 1 4 0 5 0 2 2 0 4 0 6 6 1 12 21 7:15 AM 0 0 1 0 1 0 5 4 0 9 0 7 4 1 11 21 7:30 AM 0 6 4 0 10 0 4 3 0 7 0 5 7 1 12 29 7:45 AM 0 7 10 1 17 0 6 5 0 11 0 9 8 0 17 45 Hourly Total 0 14 19 1 33 0 17 14 0 31 0 27 25 3 52 116 8:00 AM 0 10 5 1 15 1 10 11 4 22 0 17 15 0 32 69 8:15 AM 0 4 17 1 21 0 10 7 0 17 0 12 17 1 29 67 8:30 AM 0 8 6 0 14 0 15 8 0 23 0 24 24 0 48 85 8:45 AM 0 4 6 0 10 0 26 13 0 39 0 22 27 0 49 98 Hourly Total 0 26 34 2 60 1 61 39 4 101 0 75 83 1 158 319 *** BREAK *** - - - - - - - - - - - - - - - - 3:00 PM 0 4 7 0 11 0 14 7 2 21 0 15 15 2 30 62 3:15 PM 0 3 10 0 13 1 10 8 0 19 0 12 11 0 23 55 3:30 PM 0 2 10 0 12 0 15 9 4 24 0 20 13 1 33 69 3:45 PM 0 3 11 3 14 0 32 7 2 39 0 18 28 1 46 99 Hourly Total 0 12 38 3 50 1 71 31 8 103 0 65 67 4 132 285 4:00 PM 0 2 12 2 14 0 31 17 0 48 0 24 21 0 45 107 4:15 PM 0 4 11 0 15 0 14 10 0 24 0 14 15 0 29 68 4:30 PM 0 2 7 1 9 0 20 7 0 27 0 11 12 5 23 59 4:45 PM 0 3 11 0 14 0 21 7 3 28 0 12 22 2 34 76 Hourly Total 0 11 41 3 52 0 86 41 3 127 0 61 70 7 131 310 5:00 PM 0 4 6 2 10 1 48 14 0 63 0 17 23 0 40 113 5:15 PM 0 1 8 0 9 0 26 9 0 35 0 15 15 0 30 74 5:30 PM 0 3 11 0 14 0 20 5 0 25 0 8 20 0 28 67 5:45 PM 0 4 8 0 12 0 7 7 0 14 0 8 9 0 17 43 Hourly Total 0 12 33 2 45 1 101 35 0 137 0 48 67 0 115 297 Grand Total 0 76 167 12 243 3 344 164 16 511 0 284 324 17 608 1362 Approach % 0.0 31.3 68.7 - - 0.6 67.3 32.1 - - 0.0 46.7 53.3 - - - Total % 0.0 5.6 12.3 - 17.8 0.2 25.3 12.0 - 37.5 0.0 20.9 23.8 - 44.6 - Lights 0 75 166 - 241 3 342 163 - 508 0 280 322 - 602 1351 % Lights - 98.7 99.4 - 99.2 100.0 99.4 99.4 - 99.4 - 98.6 99.4 - 99.0 99.2 Mediums 0 1 1 - 2 0 2 1 - 3 0 4 2 - 6 11 % Mediums - 1.3 0.6 - 0.8 0.0 0.6 0.6 - 0.6 - 1.4 0.6 - 1.0 0.8 Articulated Trucks 0 0 0 - 0 0 0 0 - 0 0 0 0 - 0 0 1 Page 443 of 547 Appendix B % Articulated Trucks - 0.0 0.0 - 0.0 0.0 0.0 0.0 - 0.0 - 0.0 0.0 - 0.0 0.0 Bicycles on Road 0 0 0 - 0 0 0 0 - 0 0 0 0 - 0 0 % Bicycles on Road - 0.0 0.0 - 0.0 0.0 0.0 0.0 - 0.0 - 0.0 0.0 - 0.0 0.0 Pedestrians - - - 12 - - - - 16 - - - - 17 - - % Pedestrians - - - 100.0 - - - - 100.0 - - - - 100.0 - - 2 Page 444 of 547 Appendix B Gewalt Hamilton Associates Inc. Pine St at Prospect Ave 625 Forest Edge Drive Count Name: Pine St at Prospect Ave 6213.900 WCC Day Care Traffic Site Code: 6 AM - 9 AM, 3 PM - 6 PM Vernon Hills, Illinois, United States 60061 Start Date: 12/04/2025 GHA Mio (847) 478-9700 poster@gha-engineers.com Page No: 1 Turning Movement Data Prospect Ave Pine St Prospect Ave Westbound Northbound Eastbound Start Time U-Turn Left Thru Peds App. Total U-Turn Left Right Peds App. Total U-Turn Thru Right Peds App. Total Int. Total 6:00 AM 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 2 6:15 AM 0 0 0 0 0 0 1 0 0 1 0 0 1 0 1 2 6:30 AM 0 1 0 0 1 0 1 0 1 1 0 2 2 0 4 6 6:45 AM 0 1 1 0 2 0 0 0 1 0 0 2 2 0 4 6 Hourly Total 0 2 1 0 3 0 2 0 2 2 0 6 5 0 11 16 7:00 AM 0 0 2 0 2 0 2 2 0 4 0 6 2 0 8 14 7:15 AM 0 0 0 0 0 0 2 1 0 3 0 7 4 0 11 14 7:30 AM 0 0 5 0 5 0 5 1 1 6 0 6 3 0 9 20 7:45 AM 0 0 6 0 6 0 7 1 0 8 0 3 8 0 11 25 Hourly Total 0 0 13 0 13 0 16 5 1 21 0 22 17 0 39 73 8:00 AM 0 4 9 0 13 0 10 4 1 14 0 9 17 0 26 53 8:15 AM 0 0 3 0 3 0 17 9 0 26 0 11 10 0 21 50 8:30 AM 0 1 4 0 5 0 10 3 1 13 0 22 12 0 34 52 8:45 AM 0 0 4 1 4 0 8 4 0 12 0 19 11 0 30 46 Hourly Total 0 5 20 1 25 0 45 20 2 65 0 61 50 0 111 201 *** BREAK *** - - - - - - - - - - - - - - - - 3:00 PM 0 0 7 0 7 0 3 3 0 6 0 10 16 1 26 39 3:15 PM 1 1 8 0 10 0 6 5 0 11 0 8 10 0 18 39 3:30 PM 0 1 3 0 4 0 6 9 0 15 0 11 18 0 29 48 3:45 PM 0 0 5 0 5 0 10 4 0 14 0 14 12 0 26 45 Hourly Total 1 2 23 0 26 0 25 21 0 46 0 43 56 1 99 171 4:00 PM 0 2 2 0 4 0 9 1 1 10 1 24 16 0 41 55 4:15 PM 0 0 3 1 3 0 13 1 0 14 0 13 12 0 25 42 4:30 PM 0 1 2 2 3 0 7 0 5 7 0 11 9 0 20 30 4:45 PM 0 1 4 0 5 0 10 2 0 12 0 8 8 0 16 33 Hourly Total 0 4 11 3 15 0 39 4 6 43 1 56 45 0 102 160 5:00 PM 0 0 2 0 2 0 5 0 0 5 1 11 22 0 34 41 5:15 PM 0 1 1 0 2 0 7 4 0 11 0 12 10 0 22 35 5:30 PM 0 1 7 0 8 0 9 0 0 9 0 7 7 0 14 31 5:45 PM 0 1 3 0 4 0 10 2 0 12 0 8 8 0 16 32 Hourly Total 0 3 13 0 16 0 31 6 0 37 1 38 47 0 86 139 Grand Total 1 16 81 4 98 0 158 56 11 214 2 226 220 1 448 760 Approach % 1.0 16.3 82.7 - - 0.0 73.8 26.2 - - 0.4 50.4 49.1 - - - Total % 0.1 2.1 10.7 - 12.9 0.0 20.8 7.4 - 28.2 0.3 29.7 28.9 - 58.9 - Lights 1 16 81 - 98 0 157 54 - 211 2 224 215 - 441 750 % Lights 100.0 100.0 100.0 - 100.0 - 99.4 96.4 - 98.6 100.0 99.1 97.7 - 98.4 98.7 Mediums 0 0 0 - 0 0 1 2 - 3 0 2 4 - 6 9 % Mediums 0.0 0.0 0.0 - 0.0 - 0.6 3.6 - 1.4 0.0 0.9 1.8 - 1.3 1.2 Articulated Trucks 0 0 0 - 0 0 0 0 - 0 0 0 0 - 0 0 3 Page 445 of 547 Appendix B % Articulated Trucks 0.0 0.0 0.0 - 0.0 - 0.0 0.0 - 0.0 0.0 0.0 0.0 - 0.0 0.0 Bicycles on Road 0 0 0 - 0 0 0 0 - 0 0 0 1 - 1 1 % Bicycles on Road 0.0 0.0 0.0 - 0.0 - 0.0 0.0 - 0.0 0.0 0.0 0.5 - 0.2 0.1 Pedestrians - - - 4 - - - - 11 - - - - 1 - - % Pedestrians - - - 100.0 - - - - 100.0 - - - - 100.0 - - 4 Page 446 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX C Crash Summary Map Page 447 of 547 Page 448 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX D CMAP 2050 Projections Page 449 of 547 Page 450 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX E ITE Trip Generation Manual Excerpts Page 451 of 547 Appendix E Land Use: 565 Day Care Center Description A day care center is a facility where care for preschool children is provided, normally during daytime hours. A day care facility generally includes classrooms, offices, eating areas, and playgrounds. A center may also provide after-school care for school-age children. Additional Data The sites were surveyed in the 1990s, the 2000s, the 2010s, and the 2020s in California, Florida, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Tennessee, Texas, and Wisconsin. Source Numbers 335, 336, 337, 355, 418, 536, 550, 562, 583, 633, 734, 866, 869, 877, 878, 954, 959, 981, 1236 General Urban/Suburban and Rural (Land Uses 400–799) 481 Page 452 of 547 1 Page 453 of 547 Page 454 of 547 Page 455 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX F Capacity Analysis Worksheets Page 456 of 547 Page 457 of 547 Page 458 of 547 Page 459 of 547 Page 460 of 547 Page 461 of 547 Page 462 of 547 Page 463 of 547 Page 464 of 547 Page 465 of 547 Page 466 of 547 Page 467 of 547 Page 468 of 547 Page 469 of 547 Page 470 of 547 Winnetka Congregational Church 725 Pine Street Winnetka, Illinois APPENDIX G ITE Parking Generation Manual Excerpts Page 471 of 547 Page 472 of 547 Appendix G Land Use: 565 Day Care Center Description A day care center is a facility where care for pre-school age children is provided, normally during daytime hours. A day care facility generally includes classrooms, offices, eating areas, and playgrounds. A day care center may also provide after-school care for school-age children. Time-of-Day Distribution for Parking Demand The following table presents a time-of-day distribution of parking demand on a weekday at 17 study sites in a general urban/suburban setting. Hour Beginning Percent of Weekday Peak Parking Demand 12:00–4:00 a.m. — 5:00 a.m. — 6:00 a.m. 11 7:00 a.m. 45 8:00 a.m. 89 9:00 a.m. 93 10:00 a.m. 100 11:00 a.m. 100 12:00 p.m. 97 1:00 p.m. 93 2:00 p.m. 88 3:00 p.m. 82 4:00 p.m. 88 5:00 p.m. 96 6:00 p.m. 61 7:00 p.m. — 8:00 p.m. — 9:00 p.m. — 10:00 p.m. — 11:00 p.m. — 356 Parking Generation Manual, 6th Edition 2 Page 473 of 547 Appendix G Additional Data For this land use, any child enrolled at a day care center is considered a student. The number of students refers to the total number of enrolled children, not just those present at the time the study is conducted. The average parking supply ratio for the 36 study sites with parking supply information and located in a general urban/suburban setting is 3.6 spaces per 1,000 square feet GFA. The average peak parking occupancy at these 36 sites is 63 percent. For the single study site in a dense multiuse urban setting, the parking supply ratio is 1.4 spaces per 1,000 square feet GFA and its peak parking occupancy is 86 percent. The sites were surveyed in the 1990s, the 2000s, the 2010s, and the 2020s in California, Kansas, Kentucky, Minnesota, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Virginia, Washington, and Wisconsin. Source Numbers 221, 223, 289, 291, 433, 555, 556, 557, 563, 603, 618, 622, 632, 633 3 Land Use Descriptions and Data Plots 357 Page 474 of 547 Page 475 of 547 Page 476 of 547 Page 477 of 547 TECHNICAL SERVICES DIVISION Phone: 312-814-8960 Fax: 312-814-3459 Email: SFM.Techservices@illinois.gov January 8, 2026 OSFM #25148 Victor Cuebas Jumpstart Early Learning Academy II 5644 West Diversey Avenue Chicago, IL 60639 Re: Jumpstart Early Learning Academy Day Care Center 725 Pine Street Winnetka, IL 60093 COOK COUNTY Dear Victor, Plans submitted for the above referenced day care center occupancy were reviewed on this date under the requirements of the 2015 edition of the NFPA 101-Life Safety Code and applicable references as adopted in Title 41 Illinois Administrative Code Parts 100, 109, and 251. This review pertains to: A NEW DAY CARE CENTER IN AN EXISTING TYPE III (211), PER NFPA 220, TWO-STORY BUILDING WITH BASEMENT AND NO OCCUPIED ATTIC. IT WILL BE FULLY PROTECTED BY FIRE ALARM AND FIRE SPRINKLER SYSTEM. THERE WILL BE NO COMMERCIAL COOKING OPERATIONS. Please note that OSFM’s plan reviews are strictly advisory in nature and that the local authority having jurisdiction retains the ultimate responsibility for compliance determinations. This advisory plan review is conducted based only on the information OSFM was provided. There may be information, details, or variables in existence but unknown to OSFM that would alter its technical analysis were those items made known to OSFM at the time of its advisory review. The drawings appear to conform with the applicable requirements with the following noted exceptions: 1. In accordance with Section 16.1.3.1, multiple occupancies shall be in accordance with 6.1.14. 555 W. Monroe Street 1035 Stevenson Drive 2309 W. Main Suite 1300-N Marion, IL 62959 Chicago, IL 60661 Springfield, IL 62703 (618) 993-7085 (312) 814-2693 (217) 785-0969 www.sfm.illinois.gov Page 478 of 547 Victor Cuebas 2 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 2. In accordance with Section 16.1.6.1, day-care occupancies, other than day-care homes, shall be limited to the locations, construction types, and sprinkler protection features specified in Table 16.1.6.1. based on the number of stories in height as defined in 4.6.3. (See 8.2.1.) 3. In accordance with Section 16.1.6.2, where day-care occupancies, other than day- care homes, with clients who are 24 months or less in age or who are incapable of self-preservation are located one or more stories above the level of exit discharge, or where day-care occupancies are located two or more stories above the level of exit discharge, smoke partitions shall be provided to divide such stories into not less than two compartments. The smoke barriers shall be constructed in accordance with Section 8.4 but shall not be required to have a fire resistance rating. 4. In accordance with Section 16.2.2.2.2, any door in a required means of egress from an area having an occupant load of 100 or more persons shall be permitted to be provided with a latch or lock only if the latch or lock is panic hardware or fire exit hardware complying with 7.2.1.7. 5. In accordance with Section 16.2.2.2.4, every door latch to closets, storage areas, kitchens, and other similar areas shall be such that clients can open the door from inside the space or area. 6. In accordance with Section 16.2.2.2.5, every bathroom door lock shall be designed to allow opening of the locked door from the outside in an emergency. The opening device shall be readily accessible to the staff. 7. In accordance with Section 16.2.4, the number of means of egress shall be in accordance with Section 7.4. Not less than two separate exits shall be in accordance with both of the following criteria: (1) They shall be provided on every story. (2) They shall be accessible from every part of every story and mezzanine, however, exit access travel shall be permitted to be common for the distance permitted as common path of travel by 16.2.5.3. 8. In accordance with Section 16.2.5.2, no dead-end corridor shall exceed 20 ft, other than in buildings protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7, in which case dead-end corridors shall not exceed 50 ft. 9. In accordance with Section 16.2.5.3.1, common path of travel shall not exceed 100 ft in a building protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7. Page 479 of 547 Victor Cuebas 3 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 10. In accordance with 16.2.5.3.2 common path of travel shall not exceed 75 ft. in a building not protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7 11. In accordance with Section 16.2.6.2, travel distance shall meet the following criteria, unless otherwise permitted by 16.2.6.3: (1) The travel distance between any room door intended as an exit access and an exit shall not exceed 100 ft. (2) The travel distance between any point in a room and an exit shall not exceed 150 ft. (3) The travel distance between any point in a sleeping room and an exit access door in that room shall not exceed 50 ft. 12. In accordance with 16.2.6.3, the travel distance in 16.2.6.2(1) and (2) shall be permitted to be increased by 50 ft in buildings protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7. 13. In accordance with Section 16.2.8, means of egress shall be illuminated in accordance with Section 7.8. 14. In accordance with Section 16.2.9, emergency lighting shall be provided in accordance with Section 7.9 in the following areas: (1) Interior stairs and corridors (2) Assembly use spaces (3) Flexible and open plan buildings (4) Interior or windowless portions of buildings (5) Shops and laboratories 15. In accordance with Section 16.2.10, means of egress shall have signs in accordance with Section 7.10. 16. In accordance with Section 16.2.11.1, every room or space normally subject to client occupancy, other than bathrooms, shall have not less than one outside window for emergency rescue that complies with the following: (1) Such windows shall be openable from the inside without the use of tools and shall provide a clear opening of not less than 20 in. in width, 24 in. in height, and 5.7 ft2 in area. (2) The bottom of the opening shall be not more than 44 in. above the floor. (3) The clear opening shall allow a rectangular solid, with a width and height that provides not less than the required 5.7-ft2 opening and a depth of not less than 20 in., to pass fully through the opening. Page 480 of 547 Victor Cuebas 4 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 Exception No. 1: This requirement shall not apply to buildings protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7. Exception No. 2: This requirement shall not apply where the room or space has a door leading directly to the outside of the building. 17. In accordance with Section 16.3.1, any vertical opening, other than unprotected vertical openings in accordance with 8.6.9.1, shall be enclosed or protected in accordance with 8.6. 18. In accordance with Section 16.3.2.1, rooms or spaces for the storage, processing, or use of materials specified in 16.3.2.1(1) through (3) shall be protected in accordance with the following: (1) Separation from the remainder of the building by fire barriers having a fire resistance rating of not less than 1 hour or protection of such rooms by automatic extinguishing systems as specified in Section 8.7 in the following areas: a. Boiler and furnace rooms, unless such rooms enclose only air handling equipment b. Rooms or spaces used for the storage of combustible supplies in quantities deemed hazardous by the authority having jurisdiction c. Rooms or spaces used for the storage of hazardous materials or flammable or combustible liquids in quantities deemed hazardous by recognized standards d. Janitor closets (2) Separation from the remainder of the building by fire barriers having a fire resistance rating of not less than 1 hour and protection of such rooms by automatic extinguishing systems as specified in Section 8.7 in the following areas: a. Laundries (Note: It is not the intent to classify a room with a domestic-type clothes washer and a domestic-type clothes dryer as a laundry). b. Maintenance shops, including woodworking and painting areas c. Rooms or spaces used for processing or use of combustible supplies deemed hazardous by the authority having jurisdiction d. Rooms or spaces used for processing or use of hazardous materials or flammable or combustible liquids in quantities deemed hazardous by recognized standards (3) Where automatic extinguishing is used to meet the requirements of 16.3.2.1 (1) and (2), protection as permitted in accordance with 9.7.1.2 19. In accordance with Section 16.3.2.4, food preparation facilities protected in accordance with 9.2.3 shall not be required to have openings protected between food preparation areas and dining areas. (See OSFM policy for domestic cooking equipment that is used for food warming or limited cooking). Page 481 of 547 Victor Cuebas 5 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 20. In accordance with Section 16.3.3.2, interior wall and ceiling finish materials in accordance with 10.2. shall be Class A in stairways, corridors, and lobbies; in all other occupied areas, interior wall and ceiling finish shall be Class A or Class B. 21. In accordance with Section 16.3.3.3, interior floor finish materials in accordance with 10.2. shall be not less than Class II within corridors and exits if not separated by walls complying with 14.3.6. 22. In accordance with Section 16.3.4.1, day-care occupancies, other than day-care occupancies housed in one room, shall be provided with a fire alarm system in accordance with Section 9.6. The fire alarm system shall comply with the following: ➢ In accordance with Section 16.3.4.2, initiation of the required fire alarm system shall be by manual means and by operation of any required smoke detectors and required sprinkler systems. (See 16.3.4.5.) ➢ In accordance with Section 16.3.4.3.1, occupant notification shall be in accordance with 9.6.3. ➢ In accordance with Section 16.3.4.4, fire department notification shall be accomplished in accordance with 9.6.4. ➢ In accordance with Section 16.3.4.5, a smoke detection system in accordance with Section 9.6 shall be installed in day-care occupancies, other than those housed in one room. Detectors shall be installed on each story in front of the doors to the stairways and in the corridors of all floors occupied by the day-care occupancy. Detectors also shall be installed in lounges, recreation areas, and sleeping rooms in the day-care occupancy. ➢ In accordance with NFPA 72-National Fire Alarm Code, the acceptability of the location of the fire alarm control panel shall be confirmed by the local fire department having response jurisdiction to the occupancy. ➢ The installation of fire alarm systems is required to be performed by a licensed electrical and/or fire alarm installation company. Contact the Illinois Department of Professional Regulation for further information. 23. In accordance with Section 16.3.6, every interior corridor shall be constructed of walls having not less than a 1-hour fire resistance rating in accordance with 8.2.3. Exception No. 1: Corridor protection shall not be required where all spaces normally subject to client occupancy have not less than one door opening directly to the outside or to an exterior exit access balcony or corridor in accordance with 7.5.3. Exception No. 2: In buildings protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7, corridor walls shall not be required to be rated, provided that such walls form smoke partitions in accordance with 8.2.4. Page 482 of 547 Victor Cuebas 6 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 Exception No. 3: Where the corridor ceiling is an assembly having a 1-hour fire resistance rating where tested as a wall, the corridor walls shall be permitted to terminate at the corridor ceiling. Exception No. 4: Lavatories shall not be required to be separated from corridors, provided that they are separated from all other spaces by walls having not less than a 1-hour fire resistance rating in accordance with 8.2.3. 24. In accordance with Sections 16.5.1.1 and 16.5.2.1, utilities and HVAC equipment shall comply with the provisions of Sections 9.1 and 9.2 which require compliance with the following referenced codes and standards: NFPA 54 National Fuel Gas Code NFPA 70 National Electrical Code NFPA 110 Standard for Emergency and Standby Power Systems NFPA 111 Standard on Stored Electrical Energy Emergency and Standby Power Systems NFPA 90A Standard for the Installation of Air-Conditioning and Ventilating Systems, NFPA 90B Standard for the Installation of Warm Air Heating and Air-Conditioning Systems Additionally, in accordance with State statute (431 ILCS 75) every boiler and each pressure vessel over the minimum capacity must have a current inspection certificate issued by the Office of the Illinois State Fire Marshal posted in the boiler room. Heating boilers (both steam and water), hot water supply boilers (hot water heaters) and other types of boilers are exempt from inspection and registration if the BTU output does not exceed 200,000. Contact the OSFM Division of Boiler and Pressure Vessel Safety for further information pertaining to boiler and pressure vessel registration. 25. In accordance with Section 16.5.1.2, special protective covers for all electrical receptacles shall be installed in all areas occupied by clients. 26. In accordance with Section 16.5.2.2, unvented fuel-fired room heaters, other than gas space heaters in compliance with NFPA 54, National Fuel Gas Code, shall not be permitted. 27. In accordance with Section 16.5.2.3, any heating equipment in spaces occupied by clients shall be provided with partitions, screens, or other means to protect clients from hot surfaces and open flames. If solid partitions are used to provide such protection, provisions shall be made to ensure adequate air for combustion and ventilation for the heating equipment. Page 483 of 547 Victor Cuebas 7 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 Concealed Spaces 28. In accordance with Section 8.2.7.1, in new Type III, Type IV, or Type V construction, any concealed space in which materials having a flame spread rating greater than Class A (as defined in Section 10.2) are exposed shall be effectively firestopped or draftstopped as follows: (1) Every exterior and interior wall and partition shall be fire-stopped at each floor level, at the top story ceiling level, and at the level of support for roofs. (2) Every unoccupied attic space shall be subdivided by draftstops into areas not to exceed 3000 ft2. (3) Any concealed space between the ceiling and the floor or roof above shall be draftstopped for the full depth of the space along the line of support for the floor or roof structural members and, if necessary, at other locations to form areas not to exceed 1000 ft2 for any space between the ceiling and floor and 3000 ft2 for any space between the ceiling and roof. Exception No. 1: This requirement shall not apply where the space is protected throughout by an approved automatic sprinkler system in accordance with Section 9.7. Exception No. 2: This requirement shall not apply to concealed spaces serving as plenums. (See NFPA 90A, Standard for the Installation of Air-Conditioning and Ventilating Systems.) Furnishings and Similar 29. In accordance with Section 16.7.4.1, draperies, curtains, and other similar furnishings and decorations in day-care occupancies shall be in accordance with the provisions of 10.3.1. OPERATING FEATURES (The following requirements should be shared with the facility administrator): 30. In accordance with Section 16.7.1, the facility shall have a comprehensive written fire emergency response plan. Copies of the plan shall be made available to all employees. All employees shall be periodically instructed and kept informed with respect to the duties of their position under the plan. 31. In accordance with Section 16.7.2.2, emergency egress and relocation drills shall be conducted as follows: (1) Not less than one emergency egress and relocation drill shall be conducted every month the facility is in session. Exception: In climates where the weather is severe, the monthly emergency egress and relocation drills shall be permitted to be deferred, provided that the Page 484 of 547 Victor Cuebas 8 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 required number of emergency egress and relocation drills is achieved and not less than four are conducted before the drills are deferred. (2) All occupants of the building shall participate in the drill. (3) One additional emergency egress and relocation drill, other than for day-care occupancies that are open on a year-round basis, shall be required within the first 30 days of operation. 32. In accordance with Section 16.7.3.1, fire prevention inspections shall be conducted monthly by a trained senior member of the staff. A copy of the latest inspection report shall be posted in a conspicuous place in the day-care facility. 33. In accordance with Section 16.7.3.2, it shall be the duty of site administrators and staff members to inspect all exit facilities daily to ensure that all stairways, doors, and other exits are in proper condition. 34. In accordance with Section 16.7.4.2, clothing and personal effects shall not be stored in corridors. Exception No. 1: This requirement shall not apply to corridors protected by an automatic sprinkler system in accordance with Section 9.7. Exception No. 2: This requirement shall not apply to corridor areas protected by a smoke detection system in accordance with Section 9.6. Exception No. 3: This requirement shall not apply to storage in metal lockers, provided that the required egress width is maintained. 35. In accordance with Section 16.7.4.3, artwork and teaching materials shall be permitted to be attached directly to the walls and shall not exceed 20 percent of the wall area. 36. In accordance with Section 16.7.5, adequate adult staff shall be on duty, alert, awake, and in the facility at all times where clients are present. This review credited the presence of a complete automatic sprinkler system throughout the occupancy. The review did not however, consider specific information concerning the system water supply, pipe sizing, head placement, or hydraulic feasibility Compliance with these noted exceptions is mandatory. No guarantee is rendered as to the completeness of the plan review, and the responsibility for full compliance with both state and locally adopted codes, standards and regulations rests with the owner or his authorized agent or subcontractor. Subsequent discovery of errors or omissions shall not be construed as authority to violate, cancel or set aside any provision of any applicable codes. Page 485 of 547 Victor Cuebas 9 Jumpstart Early Learning Academy Jumpstart Early Learning Services Winnetka, Illinois January 8, 2026 OSFM Plan Review #25148 The rules of the Office of the State Fire Marshal are concurrently applicable with those of local authorities having jurisdiction. The Office of the Illinois State Fire Marshal recommends contact with the local fire and/or building department to ensure compliance with local regulations in the event that they may have requirements that are more stringent. Day care center occupancies are licensed by the Illinois Department of Children and Family Services, therefore, the OSFM will not conduct a final inspection of this occupancy until formally requested to so by DCFS. Please DO NOT NOTIFY the OSFM when this work has been completed, but rather contact the applicable DCFS licensing representative who will request an OSFM inspection. The returned plans shall be retained on-site and made available to the assigned Fire Prevention Inspector of the Office of the Illinois State Fire Marshal for use in conducting an on-site inspection. Respectfully, Bernie Arends OSFM Technical Services c: OSFM Fire Prevention Portal OSFM Technical Services Plan Review File Fire Chief, Winnetka Fire Department Page 486 of 547 OSFM Plan Review # (To be completed by OSFM) OSFM PLAN SUBMITTAL FORM PROJECT INFORMATION Name of Project: Jumpstart Winnetka Address of Project: 725 Pine St. City: Winnetka 60093 ZIP Code ___________ County: Cook SUBMITTER INFORMATION Submitter’s Name: Victor Cuebas Jumpstart Early Learning Services Company Name: __________________________________ 7559 W. Addison St Address: _______________________________________ Chicago City: ____________________________ 60634 Zip: _____________ Telephone: 312.860.4205 jumpstartels@gmail.com Email: _____________________________ The plans are for: New construction An addition to an existing building Remodeling of an existing building: To serve the same occupancy classification as the most recent occupancy Changing the occupancy classification from that of the most recent occupancy. What was the previous occupancy classification? _______________________ Occupancy Classification as defined in NFPA 101 (2015) ____ Ambulatory Health Care ____ Detention & Correctional ____ Residential Board & Care ____ Assembly ____ Hotel ____ Storage ____ Apartment Building ____ Dormitory ____ ____ Business ____ Industrial ____ Day Care Center ____ Lodging or Rooming ____ Day Care Home ____ Mercantile Mixed Occupancy Classifications: Number of Stories One Two Three Four > Four “High rise” (> 75 ft) Is there a Basement or one or more levels below the level of exit discharge?: Yes No Page 487 of 547 Construction Classification per NFPA 220 _____ Type I(442) ____ Type II(222) _X_ Type III(211) ____ Type V(111) _____ Type I(332) ____ Type II(111) ____ Type III(200) ____ Type V(000) ____ Type II(000) ____ Type IV(2HH) Or provide construction classification per the International Building Code or BOCA Code: __IIIA_see email dated 12/16/25 Will the building be protected by an automatic fire sprinkler system?: _____ No _____ Only partially in some areas or rooms. Please specify sprinklered areas: If yes, the standard to which the sprinkler system will be designed: NFPA 13 NFPA 13R NFPA 13D Will the building be protected by an automatic fire alarm system?: No Only partially in some areas or rooms: Please Specify: Yes Will kitchen cooking fire suppression systems be included in the building?: No Yes If yes, will the systems comply with NFPA 96? Yes No If food services are provided for occupants, is the cooking onsite or will food be catered? _______________________________________________________________________ Catered Are there any exceptions to the 2015 Life Safety Code included in this project? No Yes If yes, please explain: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2 Page 488 of 547 Provide a description of the project to help us understand what you are proposing: ______________________________________________________________________ We are proposing a 2 story childcare center in existing classrooms. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Plans are permitted to be submitted in PDF format via email (more than one email depending upon the size of the attachments) to SFM.Techservices@illinois.gov. OSFM is not permitted to use links to view stored plans in clouds or other similar types of storage. If hard copy submittal is preferred, please send an email to the address above to obtain an address for shipping. Victor Cuebas 12/12/25 Signature of Submitter Printed Name Date 3 Page 489 of 547 ATTACHMENT B Memorandum To: Zoning Board of Appeals and Plan Commission CC: Ann Klaassen From: James J. Bernahl, Director of Engineering/Village Engineer Date: February 11, 2026 Re: Special Use Permit Application – 725 Pine Street (Winnetka Congregational Church) – Childcare Center The Engineering Department has reviewed the Special Use permit application to allow for the implementation of a Childcare Center at the Winnetka Congregational Church, located at 725 Pine Street. The proposed location is located east of the intersection of Prospect Avenue and Pine Street. Based on responses provided from the applicant the Engineering Department is submitting this revised memo. The Engineering Department reviewed the information provided as part of this request which included a cover letter from the applicant, a copy of the Village of Winnetka Special Use Permit application, and a Traffic Impact Study; prepared by the Engineering firm Gewalt Hamilton Associates, Inc. Among the conditions for being satisfied for a Special Use to be granted is the following: “That adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the Special Use exists or are to be provided;” To demonstrate compliance with the above, the applicant affirmed that no proposed exterior modifications to the current structure, or exterior grading are proposed. Based on this statement the Engineering Department does not have concerns about any impact on the existing utility infrastructure or drainage concerns. Traffic Impact Study Overview The largest potential impact to the surrounding area is the inclusion of additional vehicles and pedestrian movements related specifically to the proposed Childcare Center. As noted above, the applicant has provided a Traffic Impact Study, the professional consultants’ conclusion are as follows: Page 490 of 547 February 11, 2026 “Analyses have been conducted under existing and future conditions to determine the impact from the proposed daycare program on the study area intersections. The capacity analysis results indicate that the increase in project site-generated traffic has little to no effect upon the Peak Hour operations of the area roadway network with the recommendations contained herein: • The location of the only full movement church access will be located approximately 125 feet northeast of the Prospect Avenue & Pine Street intersection. • Traffic operations will remain the same as existing for the intersections within this study. • To facilitate vehicles entering and exiting the church driveway, consider restricting parking on Prospect between the church driveway and Lincoln Avenue. • The church should plan for staff to assist with the drop-off and pick-up operations to help ensure orderly traffic flow on-site.” The Engineering Department has reviewed the technical information provided in the Traffic Study and offered comments to the consultant. Some of the information requested for additional clarification was as follows: • There was a discrepancy between the actual number of students being proposed and the number of students considered in the traffic study; 60 versus 64. Engineering is seeking a final clarification on the number of students to ensure the traffic study correctly reflects the impacts on traffic and pedestrian traffic. o This item has been addressed with a clarification that there will be 64 students. • The consultant indicated that, “The report references the “Village of Winnetka Traffic Count Map (Q1 2025).” The Engineering Department requested clarification on where this residential map comes from as it is not familiar with this document. o This item has been addressed and clarified. • Engineering stated that consideration should be given to the location of the existing church driveway entrance to this intersection. Parents wanting to head west will have site line issues for any queuing that would take place on Prospect. The narrow roadway, proximity to Lincoln, and the curve on Prospect would make it very difficult for vehicles to have a clear site line to the west. o The applicant has provided a response that the traffic study demonstrates that vehicles will be permitted to enter and leave the site from the north or south on Prospect without any impact. The 2 Page 491 of 547 February 11, 2026 Engineering Department believes that this will need to be evaluated on an ongoing basis based on actual traffic patterns for users entering and exiting the site. Should traffic issues arise from this additional coordination to address this issue will need to occur between the applicant, Engineering, and Police. • Engineering asked how many staff members are proposed to assist with vehicle drop off and pick up. This will be a big factor considering that it will drive any queuing efforts onto Prospect. o The applicant has provided a response that 2 staff members will be present. This will need to be evaluated on a long-term basis based on actual drop-off and pick-up operations. Additional personnel may be required based on the actual needs. • As noted above the Traffic Consultant recommended that, “To facilitate vehicles entering and exiting the church driveway, consider restricting parking on Prospect between the church driveway and Lincoln Avenue.” The Engineering Department has concerns about this recommendation as the removal of these temporary parking spaces where requested would reduce parking near the entrance, but it would push on street parking further north on Prospect Avenue. In the past the residents of Prospect have requested that this not be permitted as it reduced available parking in front of their homes. In addition, the bend of Prospect creates reduced visibility due to the bend. Engineering Department Recommendation: Based on the information provided by the applicant the Engineering Department believes that the proposed Childcare Center can operate at this location with minimal overall impacts to the area. However, as noted above it may be necessary to perform ongoing evaluation and possible modifications based on drop-off and pick-up conditions. Engineering believes that appropriate staffing will be critical in reducing the potential for on-street queuing of vehicles entering the site which could cause safety concerns at this curve on Prospect Avenue. In addition, parking for staff members on site should be required to reduce any additional impacts to available on Street parking near the site. Consideration should be given to any overlapping of any other existing or future programs that are offered during the day. Previously attendants of church groups during the day would utilize the current onsite parking spaces for these activities. With the increase in additional staff members this could cause additional on-street parking issues. The Church will need to consider its other current and future programming impacts as it relates to parking needs. 3 Page 492 of 547 ATTACHMENT C Page 493 of 547 Page 494 of 547 Page 495 of 547 Page 496 of 547 Page 497 of 547 Page 498 of 547 Page 499 of 547 Page 500 of 547 Page 501 of 547 Page 502 of 547 Page 503 of 547 ATTACHMENT D From: To: Planning Subject: Winnetka Congregational Childcare Center Date: Saturday, February 14, 2026 4:53:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Winnetka Plan Commission, We enthusiastically support making whatever Village zoning changes are necessary so a child care center can be operated at Winnetka Congregational Church. We have reviewed the plans and possible impact to the neighborhood. We feel the slight inconveniences are inconsequential trade-offs to have greatly needed additional childcare space here. We’ve been homeowners at Lincoln & Pine for over 40 years. We’re used to traffic ebbs & flows especially from both the Community House & Home Alone house tourists. Added traffic during childcare drop off & pickups won’t be an issue. Thanks, Nancy & Bill Yurek 647 Lincoln Ave Page 504 of 547 MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: PLAN COMMISSION FROM: CHRISTOPHER MARX, AICP, ASSOCIATE PLANNER DATE: FEBRUARY 19, 2026 SUBJECT: 730 ELM STREET, SUITE 120 – DUET AUDIOLOGY CLINIC SPECIAL USE PERMIT (CASE NO. 26-05-SU) INTRODUCTION On February 25, 2026, the Plan Commission is scheduled to hold a public hearing to consider an application submitted by DUET Audiology Clinic (the “Applicant”), as the prospective lessee of the property located at 730 Elm Street, Suite 120 (the “Subject Property”), to allow a medical office to occupy the Subject Property. The property is currently owned by MDG Winnetka One, LP. The Applicant has filed an application seeking approval of a Special Use Permit in accordance with Chapter 17.56 [Special Uses] of the Winnetka Zoning Ordinance to permit a medical office in the C-2 General Retail Commercial Overlay District at the Subject Property. The Applicant currently operates similar audiology clinics in Lake Forest and Northfield and is looking to relocate the Northfield clinic to the Subject Property. A sign has been posted on the Subject Property and a website notice has been posted on the Village website indicating the time and date of the Plan Commission public hearing. A mail notice has been sent to property owners within 500 feet of the Subject Property. As of the date of this memo, staff has not received any written comments from the public regarding this application. PROPERTY DESCRIPTION The Subject Property is one of the commercial spaces located in the four-story mixed-use building that is currently under construction at 720-736 Elm Street and 515-525 Lincoln Avenue (newly assigned addresses), often referred to as One Winnetka, located on the southeast corner of the intersection of Elm Street and Lincoln Avenue. The approximately 1,565 square-foot space at 730 Elm Street, Suite 120 is a portion of the 20,955 square feet of commercial space in the One Winnetka building and is on the eastern portion of the building’s north facing commercial space. To date, the other tenants within the development that have received approvals are the Winnetka Aesthetic Studio medical office and a Charles Schwab financial services office. The Solidcore fitness studio special use permit application was before the Village Council on February 17, 2026, for policy direction and is anticipated to return to the Village Council at a future date with additional information about parking demand and class schedules. A full-service restaurant is expected to occupy the northwestern space on the first floor near the street intersection with a quick-casual format restaurant occupying the remaining tenant space. There will also be 59 residential units on the second, third, and fourth floors. Page 1 Page 505 of 547 The Subject Property is located within the Village’s Commercial Overlay District, which allows non-retail uses, such as medical offices; however, the Zoning Ordinance requires that they be evaluated by the Plan Commission and Village Council as a special use. Figures 1 through 3 below and on the following page identify the One Winnetka site and the proposed location of the medical office. Proposed Location of DUET Audiology Clinic Figure 1 – One Winnetka Site – GIS Map Proposed Location of DUET Audiology Clinic Figure 2 – One Winnetka Site - Aerial Location Map Page 2 Page 506 of 547 Proposed Location of DUET Audiology Clinic Entrance into Shared Vestibule Figure 3 – One Winnetka – North Facing Elm Street Façade COMMERCIAL OVERLAY DISTRICT BACKGROUND The Overlay District was established in 1987 out of concern about the viability of the business districts as a whole if non-retail occupancies were allowed to proliferate and occupy significant areas within retail shopping districts. At the time of adoption there was a concern about the possible proliferation of real estate offices and financial institutions. The Village Zoning Ordinance describes the purpose of the Overlay District and its restrictions on non- retail uses as being: “to encourage retailing of comparison shopping goods and personal services compatible with such retailing on ground floor in order to encourage a clustering of such uses, to provide for a wide variety of retail shops and expose such shops to maximum foot traffic, while keeping such traffic in concentrated (yet well distinguished) channels throughout the district.” Since its adoption in 1987, the Overlay District has been revised on more than one occasion to alter district boundaries, or to modify the types of uses which are permitted within each district. The most recent amendment occurred on April 4, 2019, when the Village Council adopted MC-01-2019, amending the Zoning Ordinance regarding uses and regulations in the three commercial districts, including amendments to the Overlay District and the standards used to evaluate a special use. ELM STREET BUSINESS DISTRICTS OVERLAY BOUNDARIES A map depicting the zoning classifications of the Elm Street Business Districts is included on the following page as Figure 4. The One Winnetka site is highlighted yellow. Gray areas indicate the underlying C-2 General Retail Commercial zoning, which permits by right a relatively broad array of uses, including various retail uses, along with a number of non-retail uses such as professional offices, financial service firms, medical offices and the like. Red crosshatch areas represent those areas subject to the restrictions of the Commercial Overlay District. The boundaries of the Overlay District are established along certain public streets and extend for a depth of 50 feet from the front property line. Page 3 Page 507 of 547 Subject Property Figure 4 – Elm Street Business Districts PREVIOUS APPROVALS On January 21, 2025, the Village Council adopted Ordinance M-01-2025, an Ordinance Granting Final Approval of a Planned Development, Zoning Exceptions, a Special Use for Ground Floor Parking, and Special Use Findings for Medical and Financial Services Uses (511-515 Lincoln Avenue and 714-740 Elm Street - One Winnetka). An excerpt of Ordinance M-01-2025 is provided in Attachment B. Section 7 of M- 01-2025 granted partial approval of certain special use findings for medical and financial services. The Village Council found that medical uses, including medical and dental offices, and financial uses, including accounting, auditing and bookkeeping services, bank or credit unions without drive-through facilities, and financial counseling services, satisfy the following special use standards set forth in Section 17.56.120(A) and Section 17.44.020 (B)(2)(b) of the Zoning Ordinance that apply in the Commercial Overlay District, provided certain conditions are met, which are outlined later in this report: All Special Use Standards: 1. That the establishment, maintenance, and operation of the Special Use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; 2. That the Special Use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; 3. That the establishment of Special Use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; Page 4 Page 508 of 547 Commercial Overlay District Standards: I. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity, concentration, and pedestrian nature of the area in a manner similar to that of retail uses; II. The proposed special use at the proposed location will provide for active display windows, provided that the street facing windows remain open and transparent as viewed from the sidewalk into the tenant space. The proposed special use at the proposed location will provide for facades, signage and lighting similar in nature and compatible with that provided by retail uses. The location and amount of space occupied by medical uses and financial service uses are limited as follows: a. No such uses shall occupy the northwesternmost corner of the commercial space of the ground floor commercial space; b. No such uses shall occupy an aggregate space greater than 50% of the gross commercial square footage, or 9,750 square feet of the building; c. No individual financial service use shall occupy more than 1/3 of the gross commercial square footage, or 6,500 square feet of the building; d. No individual medical use shall occupy more than 3,250 square feet of the gross commercial square footage of the building; e. Approval of the “appropriateness” of such uses is limited to 10 years from the approval of Ordinance M-01-2025. There have been three other special use permit applications submitted for the One Winnetka building, two of which have been approved by the Village Council and one that is pending: 1. Charles Schwab. On September 16, 2025, the Village Council adopted Ordinance M-12-2025, an Ordinance Granting a Special Use Permit for the Operation of a Financial Counseling Office Within the C-2 Commercial Overlay District, which approved the special use permit for Charles Schwab financial services to occupy office space at 720 Elm Street. 2. Winnetka Aesthetic Studio. On December 2, 2025, the Village Council adopted Ordinance M-18- 2025, an Ordinance Granting a Special Use Permit for the Operation of a Medical Office Within the C-2 Commercial Overlay District, which approved the special use permit for Winnetka Aesthetic Studio to occupy commercial space at 730 Elm Street, Suite 130. 3. Solidcore. On January 28, 2026, the Plan Commission considered a special use permit application submitted by Solidcore fitness studio and by a vote of 5-3 recommended denial of the request. The application was before the Village Council on February 17, 2026, for policy direction. It is anticipated that the applicant will return to the Village Council at a future date with additional information about parking demand and class schedules. DESCRIPTION OF CURRENT REQUEST The Applicant is proposing to open a medical office in the One Winnetka building for an audiology practice that would specialize in hearing related medical treatment using a wide range of technologies, therapies, and techniques that the Applicant describes as holistic and preventative care. The proposed audiology clinic would occupy approximately 1,565 square feet towards the eastern center of the One Winnetka building with approximately 28 feet of street frontage along Elm Street. Access into the space would be Page 5 Page 509 of 547 through a shared entrance vestibule that would also be used by Winnetka Aesthetic Studio and a quick- casual format restaurant. The front of the clinic would be an open greeting area with a concierge desk and seating area, with offices, workstations, and exam rooms located down the hallway towards the back of the space. The proposed medical office use, and the other previously approved uses, would comply with the location and size limitations outlined earlier this report. No individual medical use would be greater than 3,250 square feet in size and in aggregate the proposed medical and financial services uses would total 8,585 square feet, which is less that the maximum of 9,750 square feet allowed. The Applicant’s written description of the proposed use is included in the application materials which are provided as Attachment A. The audiology clinic would have business hours between 8:30am and 4:30pm from Monday through Friday with occasional appointments on one or two Saturdays each month. The audiology clinic would have a maximum of 8 occupants between employees and patients in any given hour, with 3 to 5 employees and 2 to 3 patients, and an average of 8 to 10 appointments per day with occasional walk-in visits, in a clinical environment that the Applicant describes as low volume. Some of the services that would be offered include diagnostic hearing evaluations, hearing aid consultations, hearing-related massage therapy, a proprietary ear-to-brain fitness system for music training, and related audiology care. The audiology clinic would provide retail offerings towards the front of the office with products related to its practice including hearing protection earmuffs, headphones, hearing aids, therapeutic goggles, small musical instruments and musical accessories. For parking, the Applicant is proposing that its employees secure the necessary parking permit and park in public parking lots in the district, including the Village-owned parking lot adjacent to One Winnetka, which does contain “A” permit parking spaces for employees. The Applicant indicates that patients will utilize parking spaces in the ground level of the commercial parking within the One Winnetka building. The off-street parking provided on the One Winnetka site for commercial uses consists of 39 spaces in the ground level of the building, which is the same number of parking spaces required by the Zoning Ordinance. For reference, the Zoning Ordinance requirement for commercial uses is two spaces for every 1,000 square feet of tenant space. Ten of the ground level spaces are to be reserved for the Charles Schwab office that was approved in a previous special use permit case. The Applicant indicates that some employees and patients will also take advantage of the Winnetka stop on the Union Pacific North Metra line that is immediately adjacent to the One Winnetka Building. Figure 5 on the following page highlights the commercial space the Applicant is proposing to occupy in the north section of the One Winnetka building. Figure 6 shows the proposed floor plan and layout for the audiology clinic. Page 6 Page 510 of 547 Proposed Location Proposed “Fare” Quick Charles Schwab of Solidcore Casual Restaurant Proposed “Arcadia” Full Service Restaurant Winnetka Aesthetic Studio Proposed Location of DUET Audiology Clinic Figure 5 – One Winnetka Ground Level Plan Figure 6 – Excerpt of Proposed Floor Plan DESIGN REVIEW BOARD REVIEW The Applicant has indicated that it has no plans to alter the exterior of the building that is currently under construction, except for potential commercial signs that will be applied for at a later date. Any proposed signage or exterior alterations, including lighting, will require submission of a Sign Permit application or Certificate of Appropriateness application that must be reviewed and approved by the Village’s Design Review Board. Page 7 Page 511 of 547 STANDARDS FOR REVIEW / FINDINGS The “Purpose” section of Chapter 17.56 Special Uses, states the following regarding special uses: It is recognized that there are special types of uses which because of their specific characteristics in relationship to uses permitted by right in a particular district, or the services which they provide, cannot be properly permitted by right in a particular district without consideration, in each case, of the impact of such uses upon neighboring land, or of the public need for such uses at a particular location. A land use classified as a special use is an allowed land use as long as the Applicant can demonstrate that the proposed use in its proposed specific location meets the applicable standards for granting special use approval. Section 17.44 of the Zoning Ordinance provides a series of twelve (12) standards for the evaluation of Special Use applications within the Commercial Overlay District, which provides a framework for evaluation by the Plan Commission. Although the previous approval granted by Ordinance M-01-2025 found a medical office use, such as the Applicant’s proposed use, complies with four of the 12 special use standards, the Applicant has supplied as part of its application materials a narrative addressing how this proposal complies with all twelve (12) standards. Following conclusion of public comment and Commission discussion, a Commission member may choose to make the following motion: I make a motion that: The Plan Commission recommends approval [denial] of the requested special use to allow the Applicant, DUET Audiology Clinic, to operate a medical office at 730 Elm Street, Suite 120 within the C-2 Commercial Overlay District, based on the following findings of fact: “The medical office (the “Special Use”) is [is not] consistent with the Standards for granting of Special Use Permits in the Commercial Overlay District, which are as follows: 1. The establishment, maintenance, and operation of the Special Use will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare; 2. The Special Use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity; 3. The establishment of Special Use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern; 4. Adequate measures have been or will be taken to provide ingress and egress in a manner which minimize pedestrian and vehicular traffic congestion in the public ways; 5. Adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the Special Use exists or are to be provided; Page 8 Page 512 of 547 6. The Special Use in all other respects conforms to the applicable regulations of this and other village ordinances and codes; 7. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity, concentration, and pedestrian nature of the area in a manner similar to that of retail uses; 8. The location of the proposed special use along a block frontage shall provide for a minimum interruption in the existing and potential continuity and concentration of the retail uses along the block’s frontage; 9. The proposed special use at the proposed location will provide for display windows, provided that the street facing windows remain open and transparent as viewed from the sidewalk into the tenant space. The proposed special use at the proposed location will provide for facades, signage and lighting similar in nature and compatible with that provided by retail uses; 10. If the proposed special use provides multi-use areas, such as retail merchandise areas, restaurant dining areas, general office space, private offices, reception areas, or employee work areas, any proposed retail merchandise area or restaurant dining area shall be concentrated and located immediately adjacent to the sidewalk and clearly visible from the street in such a fashion as to invite customers to browse or dine; 11. If a proposed new building contemplates a mix of retail, office and service type uses, the minimum frontage for each retail use adjacent to the sidewalk shall be 20 feet with a minimum gross floor area of 400 square feet. In addition, such retail space shall be devoted to active retail merchandising which maintain typical and customary hours of operation; and 12. The proposed location and operation of the proposed special use shall not significantly diminish the availability of parking for district clientele wishing to patronize existing retail businesses.” The Commission’s recommendation is subject to no conditions [the following conditions]: 1. [Insert conditions…] As noted above, the Commission may also wish to consider if there are any additional conditions it may want to place on the facility’s operation. This request is subject to final approval by the Village Council. ATTACHMENTS Attachment A: Application Materials Attachment B: Excerpt of Ordinance M-01-2025, adopted on January 21, 2025 Page 9 Page 513 of 547 ATTACHMENT A Page 514 of 547 Healthy Hearing – Healthy Brain DUET Proposed Business Operation The proposed use for DUET is a private audiology practice employing an innovative paradigm shift in hearing care, based on scientific biologic evidence. DUET leads with preventive care and wholistic hearing treatment, to engage neuroplasticity in the brain employing auditory biohacking methods such as music for Ear to Brain Fitness, Prescription Fit Hearing Aids to deliver precise sound detail. MTP Massage to increase circulation, Sound Bath to calm the nervous system. Services will include diagnostic hearing evaluations, hearing aid consultations and fittings, trademarked Ear to Brain Fitness with music training, massage therapy and related audiology care. The practice will be staffed by four employees, including board certified doctors of audiology, master degreed musician, certified massage therapist and administrative support staff. The practice is designed to serve a low-volume patient population, with approximately two to three patients on site at any given time. Operations are conducted in a quiet, clinical setting with no manufacturing, hazardous materials, or retail sales beyond audiology- related medical devices. Hours of operation will be Monday through Friday from 8:00 a.m. to 4:30 p.m., with one to two Saturday per month for scheduled appointments and Sound Bath experiences. The business use is consistent with a professional medical office and is not expected to generate excessive noise, traffic, or disruption to surrounding properties. Page 515 of 547 Healthy Hearing – Healthy Brain SPECIAL USE PERMIT STANDARDS C-2 COMMERCIAL OVERLAY 1. Public Health, Safety, and Welfare The proposed audiology clinic and medical retail operation will enhance public health by providing diagnostic hearing services and access to hearing health products that improve quality of life. All clinical operations will comply with applicable state healthcare regulations, ADA accessibility standards, and village building and fire codes, ensuring that the establishment, maintenance, and operation are safe, sanitary, and non- disruptive to the public welfare. 2. Compatibility and Property Values The clinic’s professional medical use and attractive retail frontage are consistent with surrounding commercial uses. Exterior design, signage, and operation will be in keeping with nearby retail establishments, ensuring that the use will not diminish property values or interfere with the enjoyment of neighboring properties. Instead, the clinic is expected to increase foot traffic and contribute to the economic vitality of the block. 3. Orderly Development The proposed use is compatible with the village’s comprehensive plan and surrounding land uses. It will not impede the normal development of nearby parcels; rather, it supports the village’s goal of attracting health-related and service-oriented businesses that complement traditional retail. 4. Ingress, Egress, and Traffic Adequate and safe ingress and egress will be provided from [insert street name(s)]. Parking and site access will comply with village standards, and the use is expected to generate low traffic volumes comparable to other medical offices. The layout is designed to minimize pedestrian and vehicular congestion while ensuring ADA accessibility 5. Parking, Utilities, and Facilities Page 516 of 547 The property has access to existing municipal utilities, drainage, and roadways. Adequate on-site or shared parking is available in accordance with zoning requirements. No significant improvements to infrastructure are required beyond normal tenant build-out and signage installation. 6. Ordinance Compliance The clinic and retail operation will comply fully with all village building, signage, health, fire safety, and zoning codes. All applicable business licenses and healthcare professional certifications will be obtained prior to operation. 7. Continuity and Pedestrian Orientation The proposed use will enhance pedestrian activity by offering a welcoming storefront, consistent with nearby retail establishments. Retail educational and product displays (e.g., hearing aids, ear care products) will be visible from the sidewalk, inviting walk-in traffic and fostering street-level vibrancy. 8. Minimal Interruption of Retail Continuity The clinic’s retail frontage will be designed to maintain the visual and functional continuity of retail uses along the block. The clinic’s signage, window displays, and regular hours of operation will contribute to the active rhythm of the streetscape rather than interrupt it. 9. Active Display Windows and Compatible Design The storefront will include transparent, well-lit display windows showcasing retail hearing products and educational materials about hearing health. Signage, lighting, and façade materials will be compatible with adjacent retail stores, maintaining a cohesive aesthetic consistent with village design guidelines. 10. Location of Retail Areas The retail merchandising area will be located adjacent to the sidewalk, clearly visible from the street, and designed to invite browsing. Clinical rooms will be situated behind the retail area to ensure privacy while maintaining an active public frontage. 11. Retail Frontage and Active Use The proposed design provides a minimum of 20 feet of retail frontage and over 400 square feet of dedicated retail space. The retail area will be devoted to active merchandising of hearing-related products and will maintain typical retail hours consistent with nearby businesses Page 517 of 547 12. Parking Availability The proposed use will not significantly diminish the availability of parking for other retail patrons. Traffic generation is limited, as appointments are scheduled to manage patient flow. Available shared or on- site parking will adequately accommodate both clients and staff without affecting surrounding businesses. Page 518 of 547 From: To: Christopher Marx Subject: Re: DUET One Winnetka Date: Friday, January 23, 2026 3:26:26 PM Attachments: image002.png image003.png image004.png Outlook-A person w Outlook-Title_ Lin.png Outlook-Title_ Twi.png Outlook-Title_ goo.png IMG_3346 Frank sign color change.MOV One Winnetka DUET location.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chris, It is a pleasure to meet you! Please see the information you requested in red. What is the sign policy for the village of Winnetka? I have attached a video of the sign we use in my Lake Forest clinic. DUET takes a science driven approach to hearing and brain health based on research from Brain Volts lab at Northwestern. We are leading the field with a paradiagm shift from "wait until it is bad enough" to preventive care now, similar to the dental model to avoid the damage hearing loss can have on the brain. I invite you or any village member to experience this new model live at our Lake Forest DUET location.   I am excited to move my Northfield clinic to One Winnetka to deliver the same preventive care model to every ear of every age in your community. We also lead a very active role in our Hearing the Call charity, refurbishing hearing aids donated by the community and fitting them on children in need around the world, refugee camps in Jordon, orphanages in Tanzania, communities in need around Chicago. Please let me know if you need anything else from me. I look forward to serving your community. All Ears! Preserving Hearing & Brain Health, Page 519 of 547 Lori A Halvorson, AuD, FAAA Preservation Audiologist Founder DUET Hearing Preservation Lake Forest Hearing Professionals Sounhaus Phone: 847-295-1185 Fax: 847-295-1165 Email: lakeforesthearing.com 267 Westminster Lake Forest, IL 60045 www.lakeforesthearing.com From: Christopher Marx <CMarx@winnetka.org> Sent: Friday, January 23, 2026 12:03 PM To: Dr. Lori Halvorson, Au.D. Subject: RE: DUET One Winnetka You don't often get email from cmarx@winnetka.org. Learn why this is important WARNING: This is an external email. Do not reply, click links or open attachments unless you trust the sender. Dr. Halvorson, Good morning. Thanks for providing the application materials for the special use permit application. We will need some more information to prepare the application for the February 25th meeting agenda. The Plan Commission typically expresses interest in knowing the full context of a proposed use, so Commercial Space Size Do you know the approximate square footage of the overall commercial space that would be leased? 1696 sq feet Commercial Signage and Exterior Alterations – As you might or might not be aware, signs and Page 520 of 547 any exterior alterations (on the street frontage) must seek approval through separate permits with the Design Review Board. While Plan Commission does not do a thorough review of proposed signs and sign code, they do like to know what the intended signage is for purposes of context. What does the business intend to install for signage and identification on the exterior of the storefront street façade? Please provide specifics about what signage appearance and form would entail, if possible. If that hasn’t been determined as of yet, try to be as specific as possible. If it’s, say, just a window graphic and a wall sign, then specify that. If there’s an intended logo or wordmark, that should be provided as well. If you have renderings from a sign rep, that’s even better, but provide the best that can be made available. See attached Does the business intend any other exterior alterations (new windows, exterior lighting, new doorway, etc.) besides signage? No this is a new building Employee-Client Volume and Traffic Flow How many employees would be on the premise at any one time? 3-5 How many client visits or appointments would occur on an average daily basis? Is it appointment only or are walk-ups accepted? About 8-10, Primarily appointments, occasional walk-ins Based on the typical number of employees on site at any given hour and the typical number of clients at any given hour, what would you expect the parking demand to be for any given hour? 2-4, some employees will be taking the train Retail – The Plan Commission is usually very interested in what retail component is being provided in the business, even if it serves a very secondary purpose. What sorts of retail offerings will the establishment be providing? The standards response states that the offerings will be located towards the front, but can you specify some of the items that would be sold? Hearing Protection: ear muffs for kids and adults, Head Phones for kids and adults, Therapeutic Googles, Hearing Aids and accessories, Musical Instruments: small key boards, small steel drums, metronomes. Feel free to contact me if you have any questions. -Chris Christopher Marx, AICP Associate Planner Village of Winnetka – Department of Community Development Page 521 of 547 I have attached: Winnetka Commercial Overlay Application Special Use Permit Standards These documents were emailed to aklaassen@winnetka.org and sent by mail together with our check for $1200.00. Please let me know if you need anything else. Preserving Hearing & Brain Health, Lori A Halvorson, AuD, FAAA Preservation Audiologist Founder DUET Hearing Preservation Lake Forest Hearing Professionals Sounhaus Phone: 847-295-1185 Fax: 847-295-1165 Email: lakeforesthearing.com 267 Westminster Lake Forest, IL 60045 www.lakeforesthearing.com CONFIDENTIALITY NOTICE: The information contained in this email message, and any documents attached to it, is confidential and may be legally privileged. It is intended solely for the use of the addressee. Access to this information by anyone else is unauthorized. If you are not the intended recipient, you are hereby notified that any disclosure, discrimination, duplication, or distribution of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify this office, and immediately delete this message and all its attachments, if any. CONFIDENTIALITY NOTICE: The information contained in this email message, and any documents attached to it, is confidential and may be legally privileged. It is intended solely for the use of the addressee. Access to this information by anyone else is unauthorized. If you are not the intended recipient, you are hereby notified that any disclosure, discrimination, duplication, or distribution of this information is strictly prohibited and may be unlawful. If you Page 522 of 547 DUET Preservation Audiology – Dr. Lori Halvorson, AUD, FAA founded DUET’s hearing preservation clinic, which uses a groundbreaking, scientifically proven holistic approach that considers your entire hearing system, going beyond hearing aids to preserve your hearing and brain health. Page 523 of 547 1.2 1 500 North Dearborn Street Suite 900 Chicago, Illinois 60654 312.260.7300 VESTIBULE SMART WALL DUET - WINNETKA 4 3.8 3.4 3.1 3 2.1 2 ELEC. PANELS COAT HOOKS CONCIERGE COUNTER DISPLAY DISPLAY DISPLAY PRINTER G XFR 3'-0" IT CLOSET BEVERAGES 1'-4 3/4" MOBILE CARTS 4'-11" 3'-0" 7'-6" Project Address 4'-2 1/2" 5'-6" 723 Elm St SMART WALL CLR 4'-0" Winnetka, IL 60093 3'-0" 1'-1" 3'-0" Project Number 3'-0" 3'-1" STORAGE 25079.00 LOCKERS 9'-0" 13'-6" 7'-0" 7'-0" 23 SF CLEANING Date 1'-8" 5'-4" 8'-11 3/4" 9'-1 1/2" STATION STAFF AREA 3'-0" 10'-2" 1/15/2026 11'-3" 11'-3" 92 SF ADA CLINICAL DOCTOR MANGO ROOM Sheet Name 7'-6" RESTROOM EAR CANAL LAB & SPA AREA & SOUND BOOTH WORKSTATIONS SELF-TESTING 56 SF 8'-3 1/2" 102 SF 153 SF 79 SF 76 SF REVISED FLOOR PLAN 7'-6" SOUND BOOTH SMART WALL W/D REF Sheet Number ASK-04 © 2026 Valerio Dewalt Train Associates P.C. 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Plan Commission — Winnetka, IL