Zoning Board of Appeals
Regular MeetingWinnetka, IL · June 8, 2026
Agenda
Village of Winnetka
Zoning Board of Appeals Regular Meeting
June 8, 2026 at 7:00 PM
Village Hall Council Chambers
510 Green Bay Road
AGENDA
1. Call to Order & Roll Call
2. Approval of Minutes
a. April 13, 2026, Regular Meeting Minutes
b. May 11, 2026, Regular Meeting Minutes
3. Community Development Report
4. Continued Cases
a. Case No. 26-07-V2: 286 Ridge Avenue: An application seeking approval of a
zoning variation to allow construction of a swimming pool at 286 Ridge
Avenue. The requested variation would permit the proposed pool to provide less
than the minimum required corner yard setback from the north property line
along Mt. Pleasant Street. The Village Council has final jurisdiction on this
request. This item was continued from the April 13, 2026, and May 11, 2026,
Zoning Board of Appeals meetings. The Applicant is requesting this item be
continued to the July 13, 2026, Zoning Board of Appeals meeting.
5. New Cases
a. Case No. 26-12-V: 9 Warwick Road: An application seeking approval of zoning
variations to allow construction of an addition and work beyond ordinary repair
and maintenance to the existing legally nonconforming residence at 9 Warwick
Road. The requested variations would permit the proposed improvements to (i)
provide less than the minimum required side yard setback from the north
property line; and (ii) perform structural changes necessary to provide a new
window opening in the legally nonconforming north side building wall. The
Zoning Board of Appeals has final jurisdiction on this request.
b. Case No. 26-13-V: 1252 Spruce Street: An application seeking approval of
zoning variations to allow construction of an addition and work beyond ordinary
repair and maintenance to the existing legally nonconforming residence at 1252
Spruce Street. The requested variations would permit the proposed
improvements to (i) provide less than the minimum required side yard setback;
(ii) provide less than the minimum required total side yard setback; and (iii)
perform structural changes necessary to provide new window openings in the
legally nonconforming east and west side building walls. The Zoning Board of
Appeals has final jurisdiction on this request.
c. Case No. 26-14-V: 705 Oak Street: An application seeking approval of a zoning
variation to allow a fence along a portion of the west property line of 705 Oak
Street. The requested variation would permit the fence to exceed the maximum
permitted height. The Zoning Board of Appeals has final jurisdiction on this
request.
6. New Business
a. July 13, 2026, Regular Meeting - Quorum Check
7. Public Comments
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
Zoning Board of Appeals Regular Meeting
June 8, 2026 at 7:00 PM
Village Hall Council Chambers
510 Green Bay Road
AGENDA
1. Call to Order & Roll Call
2. Approval of Minutes
a. April 13, 2026, Regular Meeting Minutes
b. May 11, 2026, Regular Meeting Minutes
3. Community Development Report
4. Continued Cases
a. Case No. 26-07-V2: 286 Ridge Avenue: An application seeking approval of a
zoning variation to allow construction of a swimming pool at 286 Ridge
Avenue. The requested variation would permit the proposed pool to provide less
than the minimum required corner yard setback from the north property line
along Mt. Pleasant Street. The Village Council has final jurisdiction on this
request. This item was continued from the April 13, 2026, and May 11, 2026,
Zoning Board of Appeals meetings. The Applicant is requesting this item be
continued to the July 13, 2026, Zoning Board of Appeals meeting.
5. New Cases
a. Case No. 26-12-V: 9 Warwick Road: An application seeking approval of zoning
variations to allow construction of an addition and work beyond ordinary repair
and maintenance to the existing legally nonconforming residence at 9 Warwick
Road. The requested variations would permit the proposed improvements to (i)
provide less than the minimum required side yard setback from the north
property line; and (ii) perform structural changes necessary to provide a new
window opening in the legally nonconforming north side building wall. The
Zoning Board of Appeals has final jurisdiction on this request.
b. Case No. 26-13-V: 1252 Spruce Street: An application seeking approval of
zoning variations to allow construction of an addition and work beyond ordinary
repair and maintenance to the existing legally nonconforming residence at 1252
Spruce Street. The requested variations would permit the proposed
improvements to (i) provide less than the minimum required side yard setback;
(ii) provide less than the minimum required total side yard setback; and (iii)
perform structural changes necessary to provide new window openings in the
legally nonconforming east and west side building walls. The Zoning Board of
Appeals has final jurisdiction on this request.
c. Case No. 26-14-V: 705 Oak Street: An application seeking approval of a zoning
variation to allow a fence along a portion of the west property line of 705 Oak
Page 1 of 134
Street. The requested variation would permit the fence to exceed the maximum
permitted height. The Zoning Board of Appeals has final jurisdiction on this
request.
6. New Business
a. July 13, 2026, Regular Meeting - Quorum Check
7. Public Comments
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 134
1 WINNETKA ZONING BOARD OF APPEALS MEETING MINUTES
2 APRIL 13, 2026
3
4 Zoning Board Members Present: Matt Bradley, Chairman
5 Mark Haller
6 Lynn Hanley
7 Kathryn Leister
8 Mike Nielsen
9 Michael Ritter
10
11 Zoning Board Members Absent: Todd Vender
12
13 Village Staff: Scott Mangum, Director of Community Development
14 Ann Klaassen, Assistant Director of Community
15 Development
16 Christopher Marx, Associate Planner
17
18 Village Attorney: Peter Friedman
19 Caitlin Culbertson
20
21 Call to Order & Roll Call:
22 Chairman Bradley called the meeting to order at 7:02 p.m. Roll call was taken of the Board Members
23 present.
24
25 Public Comment:
26 No comments were made at this time.
27
28 Approval of Minutes:
29 Chairman Bradley asked for a motion to approve the March 9, 2026, regular meeting minutes and the
30 March 16, 2026, special meeting minutes. A motion to approve the March 9, 2026, regular meeting
31 minutes and the March 16, 2026, special meeting minutes was made by Ms. Hanley and seconded by Mr.
32 Ritter. A vote was taken and the motion unanimously passed, 6 to 0:
33 AYES: Bradley, Haller, Hanley, Leister, Nielsen, Ritter
34 NAYS: None
35
36 Community Development Report:
37 Mr. Mangum stated there is no Community Development Report.
38
39 New Cases:
40 a. Case No. 26-07-V2: 286 Ridge Avenue: An application seeking approval of a zoning variation to
41 allow construction of a swimming pool at 286 Ridge Avenue. The requested variation would permit the
42 proposed pool to provide less than the minimum required corner yard setback from the north property
43 line along Mt. Pleasant Street. The Village Council has final jurisdiction on this request.
44 Mr. Marx summarized the variation request for a swimming pool and identified the property’s location
45 and improvements, zoning classification and size. He also referred to site photos which he described for
46 the Board. Mr. Marx summarized the minimum setback requirements and the major variation being
47 requested for the swimming pool, which he noted is a permitted encroachment in the rear yard. He noted
48 no written comments were received from the public and stated following the applicant's presentation and
Page 3 of 134
April 13, 2026 Page 2
1 public comment, the Board may decide to either continue the matter to a date certain to allow the Village
2 staff time to address questions or comments or to make a motion recommending approval or denial of
3 the variation with draft language included on page 24. Mr. Marx then asked if there were any questions.
4 No questions were raised at this time.
5
6 Chairman Bradley swore in those speaking to this matter. James Murphy described the request to add a
7 small swimming pool in the backyard which was originally drawn to be sited in the middle of the backyard
8 but due to a large tree’s location, they decided to move it so as not to affect the tree’s drip line.
9
10 Chairman Bradley asked if there were any questions. Ms. Leister asked if they considered relocating the
11 pool to the west or east of the tree. Mr. Murphy responded there would not be sufficient room in that
12 location and there were no other viable options. He stated the proposed location would be the most
13 favorable and reiterated their attempt to save the tree. Ms. Hanley questioned the tree’s height. Mr.
14 Murphy estimated it to be 40 feet and age to be 30-35 years old.
15
16 Chairman Bradley referred to the standards the Board is to consider, specifically the reasonable return
17 standard which would be difficult to meet as well as the unique circumstances standard. He asked the
18 applicant to address those two standards and any mitigating steps they may have taken. Mr. Murphy
19 informed the Board they originally considered a larger pool and summarized their reasoning to request a
20 major vs. a minor variation. Mr. Marx provided additional information to the Board that was given to the
21 applicant with regard to the pool size. He also provided information from the Village Forester. No
22 additional questions were raised at this time.
23
24 Chairman Bradley asked for public comment. No comments were made at this time. He then called the
25 matter in for discussion.
26
27 Mr. Ritter stated that he is concerned with the first standard and that he had no issues with the remaining
28 standards. He stated there would be no problems for the neighbors and there would be no ramifications
29 for granting the variation and it would be punitive to not allow the variation. Mr. Ritter concluded he
30 would be in favor. Ms. Leister stated she would not be in favor of the request in connection with standard
31 no. 2. She suggested alternative locations for the pool or remove the tree. Mr. Haller agreed with Ms.
32 Leister’s comments and stated there was not sufficient consideration for the south side of the property.
33 He then stated he had difficulty with the first two standards.
34
35 Mr. Nielsen described pool issues as difficult in terms of meeting the first two standards. He stated he
36 would not be in favor of the request. Ms. Hanley stated that the tree is not very large and would not
37 overcome the need for the variation with regard to the standards. She then stated she would rather
38 sacrifice the tree. Chairman Bradley inclined he would have been in favor of finding an option which would
39 work. He agreed with Ms. Leister’s comments and stated the tree did not represent a unique hardship.
40 Chairman Bradley then stated he would lean toward voting against a positive recommendation since the
41 first two standards have not been met.
42
43 Chairman Bradley offered the applicant the opportunity to proceed to a vote with a negative
44 recommendation or continue the request to allow them the opportunity to revise their plans in order to
45 receive a favorable recommendation from the Board. Mr. Murphy stated they would consider taking the
46 tree down. Chairman Bradley suggested the matter be continued to a date certain. Mr. Murphy agreed.
47
Page 4 of 134
April 13, 2026 Page 3
1 Chairman Bradley asked for a motion to continue the item to the May 11, 2026, meeting. A motion to
2 continue the matter to the May 11, 2026, meeting was made by Ms. Hanley and seconded by Mr. Nielsen.
3 A vote was taken and the motion unanimously passed, 6 to 0:
4 AYES: Bradley, Haller, Hanley, Leister, Nielsen, Ritter
5 NAYS: None
6
7 Old Business:
8 a. Case No. 25-09-APL: 314 Walnut Street: Consideration of approval of amended written findings
9 and determination to affirm the Zoning Administrator's determination that 314 Walnut Street has a
10 front lot line along Wilson Street.
11 Peter Friedman referred to new information recently submitted by the applicant and summarized the
12 application’s history in detail. He stated because of the timeline set by the court, he informed the Board
13 their office prepared Proposed Amended Findings and Determination along with a memo for
14 consideration by the Board. Mr. Friedman then advised the Board of their role in considering the matter.
15 He noted in response to the case; the Village Council has taken separate action to adopt a zoning text
16 amendment which made relatively minor text changes to the ordinance which he summarized for the
17 Board. He provided information on what the court’s decision was based on and asked if there were any
18 questions.
19
20 Chairman Bradley asked the Board Members to confirm what they are tasked to consider. The Board
21 Members confirmed they understood. Ms. Hanley questioned the applicant’s material, which is being
22 considered as part of the re-review of the zoning ordinance. Mr. Friedman confirmed that the Board is to
23 reconsider the decision and make a new decision based on the Zoning Ordinance text as it existed at the
24 time of the decision. No additional questions were raised at this time.
25
26 Chairman Bradley asked for the applicant’s presentation. Mark Daniel introduced himself as a 30-year
27 land use attorney along with Nicole and Tyler Steel, the property owners and attorney Danielle Cassel. He
28 referred to the document identified by Mr. Friedman and specific language indicating that it is a final order
29 and modified the ruling which he outlined for the Board. He then summarized the language and their
30 position from the transcript in detail. Mr. Friedman refuted a statement made by Mr. Daniel and referred
31 to specific language on page 7, paragraph 29, which he read into the record.
32
33 Mr. Daniel then referred to the opinion and Exhibit B along with additional documentation and further
34 summarized their position in significant detail. Chairman Bradley and Mr. Daniel debated item no. 5 with
35 regard to the singular corner lot. Mr. Daniel continued on to state that the issue that was argued was how
36 do you determine the front lot line on a corner lot which he explained in detail. He then referred to finding
37 nos. 6 and 7 which are uncontested. Mr. Daniel then stated with regard to finding no. 8, he referred to
38 paragraph 8 which he described as an issue. He then stated finding nos. 9, 10, 11, 12, 13 are not contested.
39
40 Mr. Daniel referred to the Board’s authorization and specific language on which he expounded and
41 described as not accurate in that evidence was not provided. Chairman Bradley asked Mr. Daniel for
42 clarification that they found finding nos. 14, 15 and 16 are not correct. Mr. Friedman asked for clarification
43 as to what language is relevant with regard to the decision. The Board determined that they would come
44 back to further discuss finding no. 14. Mr. Daniel confirmed finding nos. 17, 18 are not contested. He
45 noted with regard to finding no. 19, the final order incorporated the transcript they included as Exhibit B.
46 Mr. Friedman disputed Mr. Daniel’s statement to which Mr. Daniel referred to specific language which he
47 summarized in detail. Several Board Members disagreed with the interpretation. Chairman Bradley
48 clarified that they are not in agreement with finding no. 19.
Page 5 of 134
April 13, 2026 Page 4
1 Mr. Daniel referred to finding no. 20 which is in dispute. Chairman Bradley confirmed they are in
2 agreement with finding no. 21. Mr. Daniel referred to finding no. 22 and explained their position which
3 they contest. He then referred to finding no. 24. Mr. Friedman asked Mr. Daniel to not misinterpret the
4 ruling. Mr. Daniel further summarized their position with regard to the front, rear and side lot lines. Mr.
5 Daniel identified his specific dispute in connection with finding no. 25. He then stated Exhibits A, B, G, H
6 and I should definitely be part of the record. Chairman Bradley confirmed Exhibit B is not part of the
7 Board’s packet. Mr. Friedman then read specific language from the Order into the record. Chairman
8 Bradley confirmed finding no. 26 is called into question with finding no. 27 being disputed.
9
10 Chairman Bradley asked for a five-minute recess.
11
12 Chairman Bradley called the meeting back to order and noted for the record the Board Members were
13 conversing but were not discussing the matter before the Board. He then referred to finding no. 28 which
14 he described as substantive and outlined certain definitions which guided the Board’s independent review
15 of the property. Mr. Daniel referred to line 1 in finding no. 28 which they dispute and confirmed there is
16 no contest with regard to item nos. (a), (b), (d), (f), (g), (h) and (i).
17
18 Danielle Cassel referred to her 2025 testimony and provision of the ordinance that stated, “through lots
19 can have two front lot lines” and explained her position in detail. Ms. Hanley stated that nowhere in the
20 ordinance did it state that every lot can only have one front lot line. Mr. Daniel explained the applicant’s
21 position again in detail.
22
23 Chairman Bradley then referred to item (l) and clarified the language construed as ambiguous. He then
24 referred to item (m) which Mr. Daniel stated is contested and identified the specific language. Mr. Daniel
25 stated items (n) and (o) are disputed and specific language in item (p) which did not apply to the property.
26 He confirmed item (q) is disputed.
27
28 Mr. Daniel then referred to paragraph 30 and the statement that the Board would not apply the
29 “confirming ordinance.” Chairman Bradley confirmed it would not be a factor in the Board’s deliberations.
30 Mr. Friedman clarified what the Board would consider and that the Board would rely on the pre-
31 amendment zoning code. Mr. Daniel elaborated on their position in detail.
32
33 Ms. Cassel referred back to the initial principle of the applicants wanting to establish the Wilson side as
34 their rear yard and also referred to two definitions from the code which she read into the record. She also
35 referred to other aspects of the code which did not apply. Mr. Daniel then asked if there were any
36 questions.
37
38 Chairman Bradley also asked if there were any questions. No questions were raised at this time. He
39 confirmed there is no one in the audience to comment and called the matter in for discussion.
40
41 Chairman Bradley stated the purpose of the meeting is for the Board to review the relevant ordinances to
42 make the determination on 314 Walnut and described the materials provided today by the applicant as a
43 curveball. He stated they are considering those materials on the appellant’s remarks in terms of its
44 veracity and persuasiveness. Chairman Bradley asked the Board Members if they felt comfortable
45 proceeding on the Findings of Fact as an output of tonight’s deliberations without having read the
46 materials in depth. He also stated they are to discuss the matter in the context of the judge’s order.
47
Page 6 of 134
April 13, 2026 Page 5
1 Ms. Hanley stated they have been ordered to redo their review of Mr. Schoon’s assessment based on the
2 testimony and evidence they had prior but to leave out any historical references to the 2005 ordinance.
3 She stated they should not consider anything else, and the materials provided by the applicant are not
4 relevant to the discussion.
5
6 Mr. Friedman stated the transcript should be part of the record and is only relevant due to the ordinance
7 amending it. He noted the final order made clear that the “ruling” made as reflected in that transcript is
8 modified by this order. The Board Members confirmed they had no issue with regard to the materials
9 presented today.
10
11 Chairman Bradley asked Ms. Culbertson to summarize certain Findings of Fact called into question or
12 disputed by the appellants as instructed by the order which Ms. Culbertson provided to the Board.
13 Chairman Bradley asked if 314 Walnut met the definition of (c)(3) such that “the buildable area shall be
14 situated on the lot so that equal setbacks shall be required from the opposite street lines.” Ms. Culbertson
15 confirmed that is correct and clarified the distinct criteria that needed to be met and expanded on the
16 meaning of “or” in the language.
17
18 Ms. Hanley stated this section was created specifically for properties like this and it assumed that a
19 property with three street frontages would be missing a side or rear yard. Ms. Culbertson confirmed that
20 is correct. Mr. Friedman stated there is no need to hypothesize whether this applied to other properties
21 and the focus is only on this property.
22
23 Chairman Bradley referred to the facts of the Village Council’s adoption of an ordinance amending the
24 code began with Nos. 22, 23, 24 and 25 and recommended no. 30 be stricken. He then referred to item
25 (m) which should be included. The Board Members confirmed it should be included. Chairman Bradley
26 asked if the Board Members accepted no. 14 which was called into question. He also referred to the May
27 8, 2025, appeal for which the appellants want to be expanded to include comments made by the
28 appellants at that meeting. Chairman Bradley noted that is already included as part of the record and
29 asked the Board Members if there was any objection to no. 8. Mr. Friedman suggested language to read
30 as follows: “The appellants filed an appeal challenging the Zoning Administrator’s determination with
31 regard to, among other things, …” The Board Members confirmed the language change is fine.
32
33 Chairman Bradley then referred to item no. 16 which represented the same concerns. The Board Members
34 confirmed no. 16 is fine as drafted. Chairman Bradley stated the parties agreed with the final orders
35 instruction as provided in item nos. 26 and 19. Mr. Friedman confirmed the final order is in the record as
36 well as the transcript. Chairman Bradley stated item no. 20 is also included. The Board Members agreed
37 with item nos. 19 and 20 as written. Mr. Friedman confirmed no language changes to those items need
38 to be made. Ms. Hanley referred to item no. 28(p) to include the full definition of 50(c)(3). Chairman
39 Bradley identified that item as being an abbreviation of Section (c)(3) which is part of the record and also
40 in the Findings of Fact 17(L), as well as item no. 28(q). Chairman Bradley then referred to item no. 5 and
41 the Board Members agreed with the item as drafted. Mr. Friedman clarified under the Subject at the
42 beginning of page 1, the wording should be clarified to indicate “…as amended as of the date of the Zoning
43 Administrator’s decision…” to confirm it did not include the text amendment. Mr. Daniel referred to the
44 language in Paragraph 19 of the Findings and noted the briefs are part of what the appellants submitted
45 tonight and explained their position. Ms. Culbertson responded that the various code sections are listed.
46
47 Chairman Bradley asked if there were any other aspects of the Findings or record that needed to be
48 discussed. No additional comments were made at this time. He then asked the Board Members for their
Page 7 of 134
April 13, 2026 Page 6
1 comments with regard to whether the Findings of Fact should be accepted or if there is further discussion
2 on the code (c)(3) as to whether Wilson should be treated as a front lot line for 314 Wilson. Ms. Hanley
3 commented that Ms. Culbertson did an excellent job identifying the different code sections in the
4 ordinance and explaining how they work together to arrive at the conclusion to define the side, front and
5 corner lot lines and the various yards based on the definitions of the Zoning Ordinance. She also stated
6 she agreed with the findings that the Zoning Administrator’s decision was the appropriate decision based
7 on what they have and a comprehensive understanding of the Zoning Ordinance that his determination
8 was correct and the Findings as amended.
9
10 Mr. Ritter, Mr. Nielsen and Mr. Haller agreed with Ms. Hanley’s comments. Ms. Leister added (c)(3) is very
11 applicable to the lot and referred to the definition of a rear lot line with (c)(3) addressing that. She agreed
12 with the Board Members’ position. Chairman Bradley agreed that as they considered the zoning code at
13 the time and the definitions therein, the Zoning Administrator at that time properly found 314 Walnut to
14 fit the code Section (c)(3) as the necessary relief on such a unique property. He stated he did not find in
15 the code that their application of the code to be anything other than the outcome reached. Chairman
16 Bradley stated he had no issue with the Findings of Fact presented with all of the edits they discussed
17 recognizing there is a different opinion noted by the appellants.
18
19 Chairman Bradley confirmed there are enough votes to proceed with the motion to approve the amended
20 Findings of Determination of the Board as included in the packet modified to include the changes
21 discussed. Mr. Friedman clarified for the record the appellants’ Appearance, the appellants’ the
22 Statement on Remand Following Reversal and Administrative Review and its attachment would be in the
23 record, as well as the March 19, 2026, Final Order, the March 13, 2026, Transcript of Proceedings, the
24 Ordinances in effect, Resolution R-35-2026 and Ordinance MC-01-2026 would be in the record but the
25 Complaint and Briefs would not be in the record.
26
27 Chairman Bradley asked for a motion to approve the amended Findings of Determination of the Board as
28 included in the packet modified to include the changes discussed. A motion as stated by Chairman Bradley
29 was made by Ms. Hanley and seconded by Mr. Nielsen. A vote was taken and the motion unanimously
30 passed, 6 to 0:
31 AYES: Bradley, Haller, Hanley, Leister, Nielsen, Ritter
32 NAYS: None
33
34 New Business:
35 a. May 11, 2026, Meeting - Quorum Check.
36 The Board Members discussed their availability.
37
38 Public Comment.
39 Mr. Daniel thanked the Board for their consideration and advised the Board Members they would petition
40 the Circuit Court for a Rule to Show Cause which may include a discussion of the nature of the amendment
41 and these proceedings. He stated they strongly disagreed that the Board complied with the order and
42 encouraged the Village Council to consider aspects in the Athenian Oath. Mr. Daniel also stated they
43 disagreed with Ms. Culbertson’s analysis and apologized for the process they have to pursue.
44
45 Adjournment:
46 Chairman Bradley asked for a motion to adjourn. A motion to adjourn was made by Ms. Hanley and
47 seconded by Ms. Leister. A vote was taken and the motion unanimously passed, 6 to 0:
48 AYES: Bradley, Haller, Hanley, Leister, Nielsen, Ritter
Page 8 of 134
April 13, 2026 Page 7
1 NAYS: None
2 The meeting adjourned at 10:28 p.m.
3
4 Respectfully submitted,
5
6 Antionette Johnson
7 Recording Secretary
8
Page 9 of 134
1 WINNETKA ZONING BOARD OF APPEALS MEETING MINUTES
2 MAY 11, 2026
3
4 Zoning Board Members Present: Matt Bradley, Chairman
5 Mark Haller
6 Lynn Hanley
7 Kathryn Leister
8 Mike Nielsen
9 Todd Vender
10
11 Zoning Board Members Absent: Michael Ritter
12
13 Village Staff: Scott Mangum, Director of Community Development
14 Christopher Marx, Associate Planner
15
16 Call to Order & Roll Call:
17 Chairman Bradley called the meeting to order at 7:00 pm. Roll call was taken of the Board Members
18 present.
19
20 Community Development Report.
21 Mr. Mangum provided an update on the 829-833 Foxdale lot consolidation application.
22
23 Continued Cases:
24 a. Case No. 26-07-V2: 286 Ridge Avenue: An application seeking approval of a zoning variation to
25 allow construction of a swimming pool at 286 Ridge Avenue. The requested variation would permit
26 the proposed pool to provide less than the minimum required corner yard setback from the north
27 property line along Mt. Pleasant Street. The Village Council has final jurisdiction on this request. This
28 item was continued from the April 13, 2026, Zoning Board of Appeals meeting. The Applicant is
29 requesting this item be continued to the June 8, 2026 Zoning Board of Appeals meeting.
30 Jim Murphy informed the Board after reviewing the zoning ordinances, he could not find where a pool
31 would cause any setback issues which primarily related to buildings and site lines. Chairman Bradley
32 stated the Board did not have the applicant’s materials in front of them and the Village officials would
33 help him understand why setback standards are being applied to the pool.
34
35 Chairman Bradley then asked for a motion to continue the 286 Ridge Avenue matter to the June 8, 2026
36 meeting. A motion as stated by Chairman Bradley was made by Mr. Haller and seconded by Ms. Hanley.
37 A vote was taken and the motion unanimously passed, 6 to 0:
38 AYES: Bradley, Haller, Hanley, Leister, Nielsen, Vender
39 NAYS: None
40
41 New Cases:
42 a. Case No. 26-10-V2: 1412 Scott Avenue: An application seeking approval of a zoning variation
43 to allow expansion of the driveway at 1412 Scott Avenue. The requested variation would permit the
44 driveway to exceed the maximum permitted front yard lot coverage. The Village Council has final
45 jurisdiction on this request.
46 Mr. Marx summarized the application for the driveway expansion and variation for maximum front yard
47 lot coverage. He identified the property’s location, existing improvements, zoning classification as well
48 as site photos of the property. Mr. Marx noted the home was constructed in 1997 with a legally
Page 10 of 134
May 11, 2026 Page 2
1 nonconforming front-facing garage that would not be permitted under the current zoning code. He
2 summarized the front yard lot coverage variation being requested and the existing driveway easement
3 for the neighboring property in detail.
4
5 Mr. Marx stated no comments were received regarding the application and following the applicant’s
6 presentation, public comment and Board discussion, the Board may decide to either continue the
7 matter to a date certain to allow time to address questions or comments or make a motion to
8 recommend approval or denial of the requested variation with draft language included on page nos. 8
9 and 9. He asked if there were any questions.
10
11 Mr. Haller asked for the calculation covered by the easement for the west neighbor. Mr. Marx
12 responded it was measured to be 153.06 square feet. No additional questions were raised at this time.
13
14 Chairman Bradley swore in those speaking to this matter. Adam Rothschild, the applicant and
15 homeowner, stated that the home was purchased in July, 2024, after which time they realized there
16 were driveway issues. He described the three front facing garage doors and stated that due to the
17 driveway’s narrowness, it is difficult to maneuver into the outer garage bays which also created
18 landscaping issues. Mr. Rothschild stated the issue created major safety concerns for the motorist and
19 pedestrians which he described to the Board. He also described his background in terms of evaluating
20 property safety issues and referred to a 2007 photo from Google Maps Streetview which depicted a
21 larger driveway. Mr. Rothschild stated the request would serve to restore the previously existing
22 functionality of the driveway which is smaller than the previous condition. He added that the neighbors
23 have no concerns with the request and asked the Board to recommend approval of the request. Mr.
24 Rothschild then provided photos to the Board for their review.
25
26 Ms. Hanley referred to the east side of the driveway and asked if consideration was given to installing
27 less pervious material to offset the amount of impervious being requested. Mr. Rothschild responded
28 that area related to the first 30 feet. Mr. Marx noted any surface material which would allow for walking
29 access or a vehicle to be driven over is counted toward impervious lot coverage and front yard lot
30 coverage, even if the material was capable of being pervious. Mr. Nielsen asked if the applicant had
31 three vehicles and Mr. Rothschild responded they have two vehicles. No additional questions were
32 raised at this time.
33
34 Chairman Bradley asked for public comment. No comments were made at this time. He then called the
35 matter in for discussion.
36
37 Ms. Hanley stated she had no problem with the request since it represented a safety issue as opposed to
38 an aesthetic issue. She also stated there is a hardship with regard to the west easement. Mr. Haller
39 stated after viewing the property and the amount of overage, he referred to the easement offset
40 compared to what is allowed. Mr. Haller then stated in considering the difficulty in terms of access, he
41 would recommend approval. Mr. Nielsen stated he is against the request and referred to the fact that
42 the house was constructed with a three-car garage. He also referred to the reasonable return standard
43 and described a three-car garage as a luxury item which did not meet that standard. Mr. Nielsen
44 concluded he would be against the request. Ms. Leister stated she leaned toward approval and viewed
45 the easement as a hardship. She agreed with the difficulty in maneuvering and stated the safety
46 concerns raised were a legitimate concern. Mr. Vender agreed with Mr. Nielsen with regard to the three
47 car garage concerns. He also referred to the safety concerns raised. Chairman Bradley agreed with the
48 safety concerns and stated easements did not make a property unique. He also described the existing
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May 11, 2026 Page 3
1 driveway as nonfunctional. Chairman Bradley stated the first two standards are difficult to meet and for
2 the easement and the ability to use the garage in the manner expected, he suggested the Board
3 recognize the opportunity to correct what was designed. He concluded the standards have largely been
4 met.
5
6 Chairman Bradley then asked for a motion to recommend approval as noted on page nos. 8 and 9. A
7 motion to recommend approval of the variation request was made by Ms. Hanley and seconded by Mr.
8 Haller. A vote was taken and the motion passed, 5 to 1:
9 AYES: Bradley, Haller, Hanley, Leister, Vender
10 NAYS: Nielsen
11
12 b. Case No. 26-11-V: 1287 Scott Avenue: An application seeking approval of a zoning variation to
13 allow construction of a second-floor addition to the existing residence at 1287 Scott Avenue. The
14 requested variation would permit the addition to exceed the maximum permitted gross floor area.
15 The Zoning Board of Appeals has final jurisdiction on this request.
16 Mr. Marx summarized the variations requested and identified the property’s location, zoning
17 classification and site photos. He stated the request is to add a second-floor addition which he described
18 for the Board along with the existing and proposed floor plan elevations. Mr. Marx noted while the
19 home is existing nonconforming, the proposed addition would otherwise comply with zoning
20 requirements. He stated no written comments were received and following the applicant’s presentation,
21 public comment and Board discussion, the Board may decide to either continue the matter to a date
22 certain to allow time to address questions or comments or make a motion to adopt the resolution to
23 approve or deny the requested variations with draft language included on page nos. 41 and 56. He asked
24 if there were any questions.
25
26 Chairman Bradley stated since the property is existing nonconforming, he questioned the Roofed Lot
27 Coverage and Gross Floor Area measurements and how they were calculated. Mr. Marx explained that
28 they are ultimately proportional to the size and dimensions of the subject property. He explained to the
29 Board the manner in which the property is compliant and where it is nonconforming. No additional
30 questions were raised at this time.
31
32 Chairman Bradley swore in those speaking to this matter. Theresa Rose, the applicant and homeowner,
33 and Rob Friedman, the architect, introduced themselves to the Board. Mrs. Rose stated that the home
34 was purchased in September 2025 at which time they were presented plans by the seller’s agent in
35 terms of what the home could become with the intention of adding a bedroom to make the home more
36 functional for the family.
37
38 Mr. Nielsen referred to the small amount of deviation in the variation request and asked the applicant if
39 they considered making the addition smaller. Mr. Friedman confirmed that it was considered and
40 explained the alternatives they considered, noting that the proposed addition best matched the shape
41 and aesthetics of the existing house. Mr. Haller asked if they considered articulating the rear roof. Mr.
42 Friedman stated they want to maintain the home’s architectural integrity. Chairman Bradley asked if the
43 new bathroom would the master bath. Mrs. Rose stated it would be an on-suite bathroom. Ms. Leister
44 referred to the amount of similar homes on 50-foot lots and asked if they considered converting the
45 garage into a first-floor master bedroom and building a detached garage, which is more feasible because
46 of zoning code requirements. Mrs. Rose confirmed they looked into it and explained why that would
47 create awkward and mismatched floorplans and would not be practical for the layout of the house. No
48 additional questions were raised at this time.
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May 11, 2026 Page 4
1 Chairman Bradley asked for public comment. No comments were made at this time. He then called the
2 matter in for discussion.
3
4 Chairman Bradley described the request as straightforward. Ms. Hanley referred to the small lot with a
5 small ratio of permitted bulk and coverage, and noted the applicant’s family makeup and the zoning
6 requirements in place. She stated she would lean toward denying the request and stated the request did
7 not warrant a variation with there being room in the remaining available GFA ratio to work with. Ms.
8 Hanley stated the first two standards have not been met. Ms. Leister stated she also leaned toward
9 voting against the request and referred to the standards not being met although the variation
10 percentage seemed de minimis. She then stated there may be ways to trim down the request. Ms.
11 Hanley agreed the request could be reduced to affect the variation amount requested. Mr. Marx
12 clarified the amount of GFA counted with a pitched roof of the house and how upper-floor GFA is
13 determined.
14
15 Mr. Vender stated with regard to reasonable return, the request is a de minimis ask and referred to
16 ways in which the request can be reduced. He commented the proposed design is better and would be
17 more functional. Mr. Vender stated he would vote in favor of the request. Mr. Nielsen stated while the
18 variation amount requested is small, the standards are being picked apart in that they are not met. He
19 stated he is torn in terms of his vote and is leaning toward voting against the request. Mr. Haller agreed
20 with Ms. Leister’s comments and asked if the proposed addition is reduced 5 feet in the rear, would that
21 area relieve the amount counted toward GFA. He then stated he struggled with regard to finding a way
22 to give the applicant 100 square feet with his vote leaning toward no. Chairman Bradley stated the first
23 standard has definitely not been met although the property is unique in ways he outlined. He stated for
24 a project this small and the applicant has 315 square feet to use, the home would not look right if they
25 were required to strictly adhere to the standards and a denial would become punitive. Chairman Bradley
26 referred to the applicant’s proposal for a modest amount of GFA. Mr. Haller added due to the number of
27 small nonconforming lots in the Village, to deny a modest request of this type could result in more lot
28 consolidations. The Board Members discussed their positions in detail.
29
30 Chairman Bradley took a straw poll of the Board Members’ positions. He then asked for a motion to
31 approve the request as included on page 41. A motion to approve the request as presented was made
32 by Mr. Nielsen and seconded by Mr. Vender. A vote was taken and the motion passed, 5 to 1:
33 AYES: Bradley, Haller, Leister, Nielsen, Vender
34 NAYS: Hanley
35
36 New Business:
37 a. June 8, 2026 Meeting - Quorum Check.
38 Chairman Bradley thanked Mr. Vender for his service on the Board. The Board Members discussed their
39 availability.
40
41 Public Comment:
42 No comments were made at this time.
43
44 Adjournment:
45 Chairman Bradley asked for a motion to adjourn. A motion to adjourn was made by Ms. Hanley and
46 seconded by Mr. Nielsen. A vote was taken and the motion unanimously passed, 6 to 0:
47 AYES: Bradley, Haller, Hanley, Leister, Nielsen, Vender
48 NAYS: None
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May 11, 2026 Page 5
1 The meeting adjourned at 8:18 pm.
2
3 Respectfully submitted,
4
5 Antionette Johnson
6 Recording Secretary
7
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MEMORANDUM
VILLAGE OF WINNETKA
COMMUNITY DEVELOPMENT DEPARTMENT
TO: ZONING BOARD OF APPEALS
FROM: CHRISTOPHER MARX, ACIP – ASSOCIATE PLANNER
DATE: JUNE 4, 2026
SUBJECT: 9 WARWICK AVENUE – VARIATIONS (CASE NO. 26-12-V)
INTRODUCTION
On June 8, 2026, the Zoning Board of Appeals (“ZBA”) is scheduled to hold a public hearing on an
application submitted by Nick and Jaclyn Mancuso (collectively, the “Applicant”), as the owners of the
property located at 9 Warwick Road (the “Subject Property”). The Applicant requests approval of the
following zoning variations to allow construction of an addition to the existing residence on the Subject
Property:
1. Side Yard Setback of 6.08 feet from the north property line, whereas a minimum of 9.1 feet is
required, a variation of 3.02 feet (33.19%) [Section 17.30.060 – Side Yard Setback] [Note: The
residence currently provides a north side yard setback of 6.08 feet]; and
2. Structural changes necessary to provide new window openings in the legally nonconforming
north side building wall of the existing residence that provides a side yard setback of 6.08 feet,
whereas a minimum of 9.1 feet is required. [Section 17.64.060 – Nonconformities].
A mail notice was sent to property owners within 250 feet of the Subject Property in compliance with the
Zoning Ordinance. The hearing was properly noticed in the Winnetka Talk on May 21, 2026. As of the date
of this memo, staff has not received any written comments from the public regarding this application.
The ZBA has final jurisdiction on this request as the ZBA has the authority to grant variations to reduce
required side yard setbacks for any principal building by no more than 50%. Typically, the Zoning
Administrator has final jurisdiction on requests to allow structural changes necessary to provide new
window and door openings in a legally nonconforming side building wall; however, since this request
includes additional zoning relief for which the Zoning Administrator does not have jurisdiction, the ZBA
also has final jurisdiction on the request to allow structural changes to provide new window openings
in the legally nonconforming north side building walls.
PROPERTY DESCRIPTION
The Subject Property, which is approximately 0.32 acres, is located on the northwest corner of the
intersection of Warwick and Essex Roads and contains an existing two-story residence and a detached
garage (see Figure 1). The property is zoned R-4 Single Family Residential and is bordered by the same
to the north, west, and south, while bordering the Village of Kenilworth to the east (see Figure 2). The
Comprehensive Plan designates the Subject Property as appropriate for single family residential
development. The zoning of the property is consistent with the Comprehensive Plan land use
designation.
Page 1
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Abbotsford
Road
Subject Essex Road
Property
Warwick Road
Figure 1 – GIS Aerial Map
Essex Road
Abbotsford Road
Subject
Property
Warwick Road
Figure 2 – Zoning Map
PROPERTY HISTORY AND PREVIOUS ZONING APPLICATIONS
The residence was constructed in approximately 1915 with improvements that included a detached
garage in 1923, building addition in 1970, new detached garage in 1993, building addition in 2001, and
patio fireplace installation in 2021. In 1993, the property was granted a zoning variation to allow the rear
yard setback for the new detached garage to be reduced from 6 feet to 3.3 feet. The Applicant acquired
the property in 2020. Figures 3 through 6 on the following pages are current photos of the Subject
Property.
Page 2
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Figure 3 – Subject Property – Corner Yard (South) Elevation – Warwick Road
Figure 4 – Subject Property – Corner Yard (South) Elevation – Warwick Road
Page 3
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Figure 5 – Subject Property – Front Yard (East) Elevation – Essex Road
Figure 6 – Subject Property – Front Yard (East) Elevation – Essex Road
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PROPOSED PLAN
The variations are requested to construct first-floor and second-floor additions as part of an overall
renovation of the existing residence. The proposed first-floor changes would consist of an additional 186.7
square feet of gross floor area (“GFA”) for a relocated kitchen and new mudroom, pantry, half-bathroom,
along with an expanded covered front porch near the south entrance. The proposed second-floor changes
consist of an additional 770.7 square feet of GFA for a new primary suite. New windows would be installed
in the existing nonconforming north side building wall for the breakfast room and kitchen on the first floor
and for the primary bedroom on the second floor.
The detached garage would receive dormer additions to allow for work space in the upper area of the
structure, which would comply with all zoning requirements, including height and setbacks.
Excerpts of the proposed site plan, floor plans, and building elevations are provided below and on the
following pages as Figures 7 through 12. The complete set of plans is provided in the application materials
(Attachment C).
Proposed Dormer Additions
to Detached Garage
Proposed
Additions
Red Line Represents
Buildable Area
(required setbacks)
Blue Line Represents
Required 6-Foot
Rear Yard Setback Figure 7 – Proposed Site Plan
for Detached Garage
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Proposed First-Floor Window
Openings in Nonconforming Side
Building Wall
Proposed
Additions
Figure 8 – Proposed First-Floor Plan
Proposed Second-Floor
Proposed
Window Openings in
Addition
Nonconforming Side
Building Wall
Figure 9 – Proposed Second-Floor Plan
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Proposed
Addition
Proposed Expanded Window
Openings in Nonconforming
Side Building Wall
Figure 10 – Proposed Side (North) Elevation
Proposed
Addition
Figure 11 – Proposed Front (East) Elevation
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Proposed
Addition
Figure 12 – Proposed Rear (West) Elevation
Given the ZBA often receives questions regarding the stormwater regulations applicable to a specific
request being considered by the ZBA, attached is a Stormwater Matrix (Attachment B). Based on the
proposed plans, it appears additional stormwater detention would be required. However, a final
determination will be made by Village Engineering staff upon submittal of the permits necessary for the
proposed improvements, which are required to comply with the Village stormwater regulations. Figure
13 below represents the Subject Property’s proximity to the floodplain; the cyan represents the 100-year
floodplain; the orange represents the 500-year floodplain.
Village of Kenilworth
Figure 13 - GIS Floodplain Map
REQUESTED ZONING RELIEF
The attached Zoning Matrix highlights the existing lot and the proposed improvement’s compliance with
the R-4 zoning district (Attachment A). Two variations are being requested: (1) side yard setback; and (2)
structural changes necessary to provide new window openings.
Page 8
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Minimum Side Yard Setback (North). The existing residence is legally nonconforming with respect to the
minimum required side yard setback as it currently provides a north side yard setback of 6.08 feet. The
proposed addition would continue the existing north side yard setback of 6.08 feet, requiring a variation
of 33.19%.
Structural Changes Necessary For New Window Openings. Zoning relief is necessary to allow the
proposed window openings in the legally nonconforming north side building wall of the existing
residence. As noted previously, the north building wall provides a setback 6.08 feet, whereas the
minimum required side yard setback is 9.1 feet. Existing doors and windows may be replaced in the same
location and size; however, enlarged or relocated doors and windows in a nonconforming side building
wall require approval of a zoning variation.
FINDINGS
In the attached application materials submitted by the Applicant, the Applicant has provided a statement
of justification regarding how the requested variations meet the standards for granting the requested
zoning variations. Does the ZBA find that the requested variations meet the standards for granting such
variations; and if so, is the ZBA prepared to approve the requested variations?
Staff has prepared the attached draft resolutions for the ZBA’s consideration (Attachment D). One
resolution approves the request, while the other denies the request. A ZBA member may wish to make a
motion to: (i) adopt the resolution to approve the requested variations; (ii) adopt the resolution to deny
the requested variations; or (iii) continue the case to a specific date.
ATTACHMENTS
Attachment A: Zoning Matrix
Attachment B: Stormwater Matrix
Attachment C: Application Materials
Attachment D: Draft Resolutions
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ATTACHMENT A
ZONING MATRIX
ADDRESS: 9 WARWICK ROAD
CASE NO: 26-12-V
ZONING: R-4
MIN/MAX DIFFERENCE BETWEEN
ITEM REQUIREMENT EXISTING PROPOSED PROPOSED & EXISTING ZONING CODE COMPLIANCE (2)
Min. Lot Size 13,300 SF 13,939 SF N/A N/A OK
Min. Average Lot Width 70 FT 91 ft N/A N/A OK
Min. Lot Depth 120 FT 153.18 FT N/A N/A OK
Max. Roofed Lot Coverage 3,763.5 SF (1) 2,545.02 2,731.72 SF 186.7 SF OK
Max. Gross Floor Area 4,602.8 SF 3,413.07 SF 4,326.43 SF 913.36 SF OK
Max. Impermeable Lot Coverage 6,969.5 SF (1) 3,584.24 SF 5,412.89 SF 1,828.65 SF OK
Min. Front Yard (Essex Road) 30 FT 67.02 FT 67.02 FT 0 FT OK
Min. Corner Yard (Warwick Road) 27.3 FT 29 FT 27.98 FT -1.02 FT OK
Min. Side Yard (North) 9.1 FT 6.08 FT 6.08 FT (3) 0 FT 3.02 FT (33.19%) VARIATION
Min. Rear Yard (West) 22.98 FT 36.1 FT 30.16 FT -5.94 FT OK
NOTES: (1) Based on lot area of 13,939 square feet
(2) Variation amount is the difference between proposed and requirement.
(3) Proposed first and second floor building additions would continue, but not increase, existing nonconforming side yard setback along north
building wall.
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ATTACHMENT B
Stormwater Volume Requirements for Development Sites
In addition to meeting the following storm water volume detention requirements, development sites
must meet all other Village storm water management requirements such as drainage and grading,
storm water release rates, storage system design requirements, etc. An exception is for lots along
the lakefront that directly discharge into Lake Michigan; those lots are not required to provide
stormwater volume detention onsite. They are required to meet all other Village stormwater system
design requirements.
Storm Water Detention Volume Requirements Applicable Requirement
A. New Home Construction The amount of additional required storm water
Previously Developed Lot detention volume is based upon the difference
between maximum impermeable lot coverage,
per Zoning Code, and existing lot coverage,
using the run-off coefficient for a 100-year
storm event for both.
B. New Home Construction - The amount of required storm water detention
Previously Undeveloped Site volume is based upon the maximum
impermeable lot coverage, using the run-off
coefficient for 100-year storm event.
C. Redevelopment of Site for The amount of required storm water detention
Different Use (e.g. single family volume is based upon the maximum
to multifamily, or commercial) impermeable lot coverage, using the run-off
coefficient for 100-year storm event.
D. Improvements to Existing The amount of additional required storm water Applies to 9 Warwick
Home and/or Lot, causing an detention volume is based upon the difference Road. Based upon
increase in impermeable lot between the proposed and existing preliminary review of
coverage greater or equal to impermeable lot coverage, using the run-off information to date, it
25%. coefficient for 100 year storm event. (Note: If appears that 9 Warwick
the increase in impermeable lot coverage is Road would have to
less than 25%, additional storm water provide additional storm
detention volume is not required.) water detention volume.
However, a final
determination will not
occur until engineering
plans are submitted with
a building permit
application.
E. Improvements to existing lots, The amount of additional required storm
who currently exceed water detention volume is based upon:
maximum impermeable lot a) The amount of the impermeable lot
coverage (e.g., School sites, coverage (ILC) currently in excess of the
single family and multifamily maximum permitted amount of ILC
sites) allowed by zoning that will be removed
and replaced, and/or
b) The amount of ILC in addition to what
currently exists on the lot.
The amount of required detention volume is
then determined using the runoff coefficient
for 100-year storm event.
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ATTACHMENT C
Village of Winnetka
ZONING VARIATION APPLICATION
V I L L A G E O F W I N N E T K A, I L L I N O I S
DEPARTMENT OF COMMUNITY DEVELOPMENT
ZONING VARIATION APPLICATION
Case No.
Property Information
9 Warwick Road, Winnetka, IL
Site Address:__________________________________________________________________________________
Owner Information
Nick and Jaclyn Mancuso
Name: _______________________________________
Jaclyn or Nick Mancuso
Primary Contact:__________________________
Address: Phone N
City, State, ZIP:_________________________________
11/10/2020
Em Date property acquired by owner:____________
Architect Information Attorney Information
Charles Hackley, Jr.
Name:_______________________________________ Name:__________________________________
Tom DeCoste
Primary Contact:________________________________ Primary Contact:_________________________
Addres Address:_________________________________
City, State ZIP: City, State, Zip:___________________________
Pho Phone No._______________________________
Emai Email:___________________________________
Existing home is beyond side yard setback on North side of property
Nature of any restrictions on property:_____________________________________________________________
____________________________________________________________________________________________
We are
Brief explanation of variation(s) requested (attach separate sheet providing additional details):_______________
requesting relief beyond the north side yard setback to build a second story
____________________________________________________________________________________________
addition. Our addition will align with the existing first floor that is beyond
___________________________________________________________________________________________
the setback line.
_____________________ ______________________________
Property Owner Signatur
04-29-2026
Date:____________________
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ATTACHMENT D
RESOLUTION NO. ZBA-03-2026
VILLAGE OF WINNETKA
ZONING BOARD OF APPEALS
APPROVAL OF ZBA CASE NO. 26-12-V – 9 WARWICK ROAD
WHEREAS, Nick and Jaclyn Mancuso (collectively, the “Applicant”) are the owners of the
property commonly known as 9 Warwick Road, Winnetka, Illinois, and legally described in Exhibit A
attached to and, by this reference, made part of this Resolution (“Subject Property”); and
WHEREAS, the Subject Property is located in the R-4 Single Family Residential District; and
WHEREAS, the Subject Property is improved with a single-family residence with a detached
garage that is nonconforming with respect to the minimum required side yard setback from the north
property line (“Building”); and
WHEREAS, the Applicant desires to construct additions on the first and second floors of the
Building and create new window openings in the legally nonconforming north side building wall of the
Building on the Subject Property that would (i) provide less than the minimum required side yard
setback from the north property line; and (ii) require structural changes necessary to provide new
window openings in the legally nonconforming north side building wall of the existing Building that
provides less than the minimum required side yard setback (“Proposed Improvement”); and
WHEREAS, pursuant to Section 17.30.060 of the Winnetka Zoning Ordinance (“Zoning
Ordinance”), the Subject Property is required to provide a minimum side yard setback of 9.1 feet; and
WHEREAS, pursuant to Section 17.64.060 of the Winnetka Zoning Ordinance, zoning relief is
necessary to allow enlarged or relocated windows in nonconforming side buildings walls; and
WHEREAS, the Applicant desires to construct the Proposed Improvement on the Subject
Property with (i) a minimum side yard setback that is less than the required 9.1 feet, a violation of
Section 17.30.060 of the Zoning Ordinance; and (ii) construct new window openings in the legally
nonconforming north side building wall that provides less than the minimum required side yard setback
of 9.1 feet, a violation of Section 17.64.060 of the Zoning Ordinance; and
WHEREAS, the Applicant filed an application for variations from Section 17.30.060 and Section
17.64.060 of the Zoning Ordinance to permit the Proposed Improvement on the Subject Property with
(i) a north side yard setback of 6.08 feet; and (ii) new window openings in the existing north side
building wall that provides a setback of 6.08 feet (“Requested Variations”); and
WHEREAS, a public notice for the Requested Variations was duly published on May 21, 2026,
in the Winnetka Talk and notice was mailed to the owners of record of all properties within 250 feet
of the Subject Property as required by the Zoning Ordinance; and
WHEREAS, a public hearing was held by the Winnetka Zoning Board of Appeals during a
meeting held on June 8, 2026, for the purpose of considering the Requested Variations with the final
decision being rendered at the Zoning Board of Appeal’s Regular Meeting on June 8, 2026; and
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WHEREAS, the Zoning Board of Appeals has considered the evidence presented, as follows:
1. Application for the Requested Variations submitted by the Applicant, dated April
29, 2026, including all attachments as well as all subsequent additions and
revisions to these application materials and attachments; and
2. All written and oral testimony concerning the Requested Variations.
WHEREAS, the Zoning Board of Appeals has determined that the Requested Variations satisfy
the standards for a variation provided in Sections 17.60.040 and 17.60.050 of the Winnetka Zoning
Ordinance; and
WHEREAS, the Zoning Board of Appeals has determined that it will serve and be in the best
interest of the Village and its residents to grant the application for the (i) minimum side yard setback
variation, and (ii) the structural changes necessary to provide new window openings in the legally
nonconforming building wall variation in accordance with, and subject to, the conditions, restrictions,
and provisions of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Appeals of the Village of Winnetka,
Cook County, Illinois, that:
SECTION 1. RECITALS. The foregoing recitals are incorporated into, and made part of, this
Resolution as the findings of the Zoning Board of Appeals.
SECTION 2. APPROVAL OF VARIATIONS. Subject to and contingent upon the conditions,
restrictions, and provisions set forth in Section Three of this Resolution, the requested (i) minimum
side yard setback variation from Section 17.30.060 of the Zoning Ordinance, and (ii) structural changes
to allow new window openings in the legally nonconforming side building wall variation from Section
17.64.060 of the Zoning Ordinance to permit the Proposed Improvement on the Subject Property is
hereby granted, in accordance with and pursuant to Chapter 17.60 of the Zoning Ordinance and the
home rule powers of the Village.
SECTION 3. CONDITIONS. Notwithstanding any use or development right that may be
applicable or available pursuant to the provisions of the Winnetka Zoning Ordinance or any other rights
the Applicant may have, the approval granted in Section Two of this Resolution is hereby expressly
subject to and contingent upon compliance with each and all of the following conditions:
A. Compliance with Plans. Except for minor changes and site work approved by the
Director of Community Development in accordance with all applicable Village
standards, the development, use, operation, and maintenance of the Subject Property,
shall comply with those certain plans attached hereto as Exhibit B.
B. Compliance with Regulations. The construction, development, use, operation, and
maintenance of the Proposed Improvement and the Subject Property must comply
with all applicable Village codes and ordinances, as the same may be amended from
time to time, except to the extent specifically provided otherwise in this Resolution.
SECTION 4. RECORDING; BINDING EFFECT. A copy of this Resolution will be recorded in the
office of the Cook County Clerk Recording Division. This Resolution and the privileges, obligations, and
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provisions contained herein will inure solely to the benefit of, and be binding upon, the Applicant and
its respective heirs, personal representatives, successors and assigns.
SECTION 5. FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the
Applicant to comply with any or all of the conditions, restrictions, or provisions of this Resolution, the
approval granted in Section Two of this Resolution will, at the sole discretion of the Zoning Board of
Appeals, by Resolution duly adopted, be revoked and become null and void; provided, however, that
the Zoning Board of Appeals may not so revoke the approval granted in Section Two of this Resolution
unless it first provides the Applicant with two months advance written notice of the reasons for
revocation and an opportunity to be heard at a regular meeting of the Zoning Board of Appeals. In the
event of revocation, the development and use of the Subject Property will be governed solely by the
applicable regulations of the Winnetka Zoning Ordinance, including, without limitation, (i) the side yard
setback requirements set forth in Section 17.30.060 of the Zoning Ordinance and (ii) the structural
changes to provide a new window opening in a legally nonconforming side building wall requirement
set forth in Section 17.64.060 of the Zoning Ordinance. Further, in the event of such revocation, the
Village Manager and Village Attorney are hereby authorized and directed to bring such zoning
enforcement action as may be appropriate under the circumstances.
SECTION 6. AMENDMENTS. Any amendments to the Requested Variations granted in Section
Two of this Resolution may be granted only pursuant to the procedures, and subject to the standards
and limitations, provided in the Winnetka Zoning Ordinance.
SECTION 7. EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following events:
B. Passage by the Zoning Board of Appeals in the manner required by law; and
C. The filing by the Applicant with the Village Clerk of an Unconditional Agreement and
Consent, in the form of Exhibit C attached to and, by this reference, made a part of
this Resolution, to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Resolution and to indemnify the Village for any claims that
may arise in connection with the approval of this Resolution.
D. In the event that the Applicant does not file fully executed copies of the Unconditional
Agreement and Consent, as required by Section 7.C of this Resolution, within 60 days
after the date of final passage of this Resolution by the Zoning Board of Appeals, the
Zoning Board of Appeals will have the right, in its sole discretion, to declare this
Resolution null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
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ADOPTED this 8th day of June, 2026, pursuant to the following roll call vote:
AYES: ________________________________ ______________________________________
NAYS: ______________________________________________________________________
ABSENT: ____________________________________________________________________
ABSTAIN: ___________________________________________________________________
Signed:
____________________________________
Matthew Bradley, Chairperson
Countersigned:
____________________________________
Village Clerk
Page 51 of 134
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
THE SOUTH 91 FEET OF LOT 13 IN BLOCK 1 IN TEMPEL'S RESUBDIVISION OF THAT PART OF THE WEST
½ OF THE NORTHEAST ¼ OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING EAST OF THE CHICAGO MILWAUKEE RAILROAD RIGHT OF WAY AND THE
NORTH OF VILLAGE LIMITS OF KENILWORTH, IN COOK COUNTY, ILLINOIS
COMMONLY KNOWN AS 9 WARWICK ROAD, WINNETKA, ILLINOIS.
PARCEL INDEX NUMBER: 05-28-202-017-0000
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EXHIBIT B
PLANS
(SEE ATTACHED EXHIBIT B)
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EXHIBIT B
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Winnetka, Illinois (“Village”):
WHEREAS, Nick and Jaclyn Mancuso (collectively, the “Owner”) are the owners of record of
that certain real property located at 9 Warwick Road, Winnetka, Illinois (“Property”); and
WHEREAS, Resolution No. ZBA-03-2026, adopted by the Winnetka Zoning Board of Appeals on
June 8, 2026 (“Resolution”), grants variations to construct additions to the existing single-family
residence on the Subject Property; and
WHEREAS, Section 7.A.2 of the Resolution provides, among other things, that the Resolution
will be of no force or effect unless and until the Owner has filed, within 60 days following the passage
of the Resolution, its unconditional agreement and consent to accept and abide by each and all of the
terms, conditions, and limitations set forth in the Resolution;
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to accept, consent to, and abide by each and
all of the terms, conditions, limitations, restrictions, and provisions of the Resolution.
2. The Owner acknowledges that public notices and public hearings have been properly
given and held with respect to the adoption of the Resolution, have considered the possibility of the
revocation provided for in the Resolution, and agree not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees that the Village is not and will not be, in any way,
liable for any damages or injuries that may be sustained as a result of the Village’s granting of the
variations, and that the Village’s approval of the variations does not, and will not, in any way, be
deemed to insure the Owner against damage or injury of any kind and at any time.
4. The Owner hereby agrees to hold harmless and indemnify the Village, the Village’s
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
of such parties in connection with the Village’s adoption of the Resolution granting the variations for
the Property.
[SIGNATURE PAGE FOLLOWS]
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Dated: _____________________, 2026.
ATTEST OWNER
By: __________________________ By: _________________________________
Nick Mancuso
Name: _______________________ By: _________________________________
Jaclyn Mancuso
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RESOLUTION NO. ZBA-03-2026
VILLAGE OF WINNETKA
ZONING BOARD OF APPEALS
DENIAL OF ZBA CASE NO. 26-12-V – 9 WARWICK ROAD
WHEREAS, Nick and Jaclyn Mancuso (collectively, the “Applicant”) are the owners of the
property commonly known as 9 Warwick Road, Winnetka, Illinois, and legally described in Exhibit A
attached to and, by this reference, made part of this Resolution (“Subject Property”); and
WHEREAS, the Subject Property is located in the R-4 Single Family Residential District; and
WHEREAS, the Subject Property is improved with a single-family residence with a detached
garage that is nonconforming with respect to the minimum required side yard setback from the north
property line (“Building”); and
WHEREAS, the Applicant desires to construct additions on the first and second floors of the
Building and create new window openings in the legally nonconforming north side building wall of the
Building on the Subject Property that would (i) provide less than the minimum required side yard
setback from the north property line; and (ii) require structural changes necessary to provide new
window openings in the legally nonconforming north side building wall of the existing Building that
provides less than the minimum required side yard setback (“Proposed Improvement”); and
WHEREAS, pursuant to Section 17.30.060 of the Winnetka Zoning Ordinance (“Zoning
Ordinance”), the Subject Property is required to provide a minimum side yard setback of 9.1 feet; and
WHEREAS, pursuant to Section 17.64.060 of the Winnetka Zoning Ordinance, zoning relief is
necessary to allow enlarged or relocated windows in nonconforming side buildings walls; and
WHEREAS, the Applicant desires to construct the Proposed Improvement on the Subject
Property with (i) a minimum side yard setback that is less than the required 9.1 feet, a violation of
Section 17.30.060 of the Zoning Ordinance; and (ii) construct new window openings in the legally
nonconforming north side building wall that provides less than the minimum required side yard setback
of 9.1 feet, a violation of Section 17.64.060 of the Zoning Ordinance; and
WHEREAS, the Applicant filed an application for variations from Section 17.30.060 and Section
17.64.060 of the Zoning Ordinance to permit the Proposed Improvement on the Subject Property with
(i) a north side yard setback of 6.08 feet; and (ii) new window openings in the existing north side
building wall that provides a setback of 6.08 feet (“Requested Variations”); and
WHEREAS, a public notice for the Requested Variations was duly published on May 21, 2026,
in the Winnetka Talk and notice was mailed to the owners of record of all properties within 250 feet
of the Subject Property as required by the Zoning Ordinance; and
WHEREAS, a public hearing was held by the Winnetka Zoning Board of Appeals during a
meeting held on June 8, 2026, for the purpose of considering the Requested Variations with the final
decision being rendered at the Zoning Board of Appeal’s Regular Meeting on June 8, 2026; and
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WHEREAS, the Zoning Board of Appeals has considered the evidence presented, as follows:
1. Application for the Requested Variations submitted by the Applicant, dated April
29, 2026, including all attachments as well as all subsequent additions and
revisions to these application materials and attachments; and
2. All written and oral testimony concerning the Requested Variations.
WHEREAS, the Zoning Board of Appeals has determined that the Requested Variations do not
satisfy the standards for a variation provided in Sections 17.60.040 and 17.60.050 of the Winnetka
Zoning Ordinance because (i) the Requested Variations are not in harmony with the general purpose
and intent of the Winnetka Zoning Ordinance; (ii) the Subject Property can yield a reasonable return if
it is permitted to be used only under the conditions allowed for the R-4 Single Family Residential
District; and (iii) the plight of the Applicant is not due to unique circumstances; and
WHEREAS, the Zoning Board of Appeals has determined that it will not serve and be in the best
interest of the Village and its residents to approve the Requested Variations.
NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Appeals of the Village of Winnetka,
Cook County, Illinois, that:
SECTION 1. RECITALS. The foregoing recitals are incorporated into, and made part of, this
Resolution as the findings of the Zoning Board of Appeals.
SECTION 2. DENIAL OF VARIATIONS. In accordance with and pursuant to Chapter 17.60 of the
Winnetka Zoning Ordinance and the home rule powers of the Village, the Zoning Board of Appeals
denies the Requested Variations for the Subject Property.
SECTION 3. EFFECTIVE DATE. This Resolution will be effective upon passage by the Zoning
Board of Appeals in the manner required by law.
ADOPTED this 8th day of June, 2026, pursuant to the following roll call vote:
AYES: ________________________________ ______________________________________
NAYS: ______________________________________________________________________
ABSENT: ____________________________________________________________________
ABSTAIN: ___________________________________________________________________
Signed:
____________________________________
Matthew Bradley, Chairperson
Countersigned:
____________________________________
Village Clerk
Page 66 of 134
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
THE SOUTH 91 FEET OF LOT 13 IN BLOCK 1 IN TEMPEL'S RESUBDIVISION OF THAT PART OF THE WEST
½ OF THE NORTHEAST ¼ OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING EAST OF THE CHICAGO MILWAUKEE RAILROAD RIGHT OF WAY AND THE
NORTH OF VILLAGE LIMITS OF KENILWORTH, IN COOK COUNTY, ILLINOIS
COMMONLY KNOWN AS 9 WARWICK ROAD, WINNETKA, ILLINOIS.
PARCEL INDEX NUMBER: 05-28-202-017-0000
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MEMORANDUM
VILLAGE OF WINNETKA
COMMUNITY DEVELOPMENT DEPARTMENT
TO: ZONING BOARD OF APPEALS
FROM: CHRISTOPHER MARX, ACIP – ASSOCIATE PLANNER
DATE: JUNE 4, 2026
SUBJECT: 1252 SPRUCE STREET – VARIATIONS (CASE NO. 26-13-V)
INTRODUCTION
On June 8, 2026, the Zoning Board of Appeals (“ZBA”) is scheduled to hold a public hearing on an
application submitted by Lawrence and Loraine Yolles (collectively, the “Applicant”), as the owners of the
property located at 1252 Spruce Street (the “Subject Property”). The Applicant requests approval of the
following zoning variations to allow construction of a second-floor addition to the existing residence on
the Subject Property:
1. Side Yard Setback of 5.69 feet from the east property line, whereas a minimum of 7.5 feet is
required, a variation of 1.81 feet (24.13%) [Section 17.30.060 – Side Yard Setback] [Note: The
residence currently provides an east side yard setback of 5.69 feet];
2. Total Side Yard Setback of 13.13 feet, whereas a minimum of 18.75 feet is required, a variation
of 5.62 feet (29.97%) [Section 17.30.060 – Side Yard Setback] [Note: The residence currently
provides a total side yard setback of 13.13 feet]; and
3. Structural changes necessary to provide new window openings in the legally nonconforming
west side and east side building walls of the existing residence that provide side yard setbacks of
7.44 feet (west) and 5.69 (east), whereas a minimum of 7.5 feet is required. [Section 17.64.060 –
Nonconformities].
A mail notice was sent to property owners within 250 feet of the Subject Property in compliance with the
Zoning Ordinance. The hearing was properly noticed in the Winnetka Talk on May 21, 2026. As of the date
of this memo, staff has not received any written comments from the public regarding this application.
The ZBA has final jurisdiction on this request as the ZBA has the authority to grant variations to reduce
required side yard setbacks for any principal building by no more than 50%. Typically, the Zoning
Administrator has final jurisdiction on requests to allow structural changes necessary to provide new
window and door openings in a legally nonconforming side building wall; however, since this request
includes additional zoning relief for which the Zoning Administrator does not have jurisdiction, the ZBA
also has final jurisdiction on the request to allow structural changes to provide new window openings
in the legally nonconforming east and west side building walls.
PROPERTY DESCRIPTION
The Subject Property, which is approximately 0.34 acres in size, is located on the south side of Spruce
Street between Hibbard Road and Berkeley Avenue and contains an existing two-story residence with
an attached garage (see Figure 1). The property is zoned R-4 Single Family Residential and is bordered
by the same to the west, south, and east, while properties to the north are zoned R-2 Single Family
Page 1
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Residential (see Figure 2). The Comprehensive Plan designates the Subject Property as appropriate for
single family residential development. The zoning of the property is consistent with the Comprehensive
Plan land use designation.
Hibbard Road
Subject
Spruce Street
Property
Figure 1 – GIS Aerial Map
Subject
Property
Figure 2 – Zoning Map
PROPERTY HISTORY AND PREVIOUS ZONING APPLICATIONS
The residence was constructed in approximately 1947 with no major improvements or alterations after
its construction. There are no previous zoning cases on file for the Subject Property. The Applicant
acquired the property in 2015. Figure 3 on the following page is a current photo of the Subject Property.
Page 2
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Figure 3 – Subject Property - Front (North) Elevation - Spruce Street
PROPOSED PLAN
The variations are requested to construct a second-floor addition as part of an overall renovation of the
existing residence. The building addition above the attached garage would include an expanded primary
bathroom, new bedroom, and walk-in closet. While the proposed improvements above the main portion
of the residence would involve pushing out existing dormers on the front and rear facades for additional
space in three existing bedrooms and an existing bathroom. The proposed addition would increase the
gross floor area (“GFA”) on the second floor by 599.26 feet and increase the overall building height by
3.79 feet.
While the proposed addition is confined to the second floor, a small portion of the addition would
cantilever over the front of the garage, constituting calculable GFA for the first-floor level below. The
proposed addition would continue the nonconforming east side yard setback of 5.69 feet on the first and
second floors while complying with the required west side yard setback of 7.5 feet with the second-floor
addition 7.65 feet from the west side property line. The proposed addition and renovation also involve
expanding window openings on the second floor of the nonconforming east side building wall and the
first floor of the nonconforming west side building wall.
Excerpts of the proposed site plan, floor plans, and building elevations are provided on the following pages
as Figures 4 through 10. The complete set of plans is provided in the application materials (Attachment
B).
Page 3
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Location of
Proposed
Addition
Figure 4 – Proposed Site Plan
Proposed Expanded
Location
First-Floor of
Window
Proposed
Openings in
Expanded First-
Nonconforming Side
Floor Window
Building Wall
Openings in
Nonconforming
Building Wall
Location of First-Floor
Space Below Proposed
Second-Floor Addition
Counting Towards GFA
Figure 5 – Proposed First Floor Plan
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Proposed
Second-Floor
Addition
Proposed Expanded
Second-Floor
Window Opening in
Nonconforming Side
Building Wall
Figure 6 – Proposed Second Floor Plan
Proposed
Second-Floor
Addition
Figure 7 – Proposed Front (North) Elevation
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Proposed
Second-Floor
Addition
Figure 8 – Proposed Rear (South) Elevation
Proposed Expanded
Second-Floor
Window Opening in
Proposed Nonconforming Side
Second-Floor Building Wall
Addition
Figure 9 – Proposed Side (East) Elevation
Location
ProposedofExpanded
Proposed
Expanded First-Floor
First-Floor Window Proposed
Window Openings in
Openings Second-Floor
Nonconforming
Nonconforming Side Addition
Building
Building Wall
Wall
Figure 10 – Proposed Side (West) Elevation
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The proposed improvement does not include any additional impermeable lot coverage. However, upon
submittal of the building permit for the proposed addition, Village Engineering staff will review the permit
for compliance with the Village stormwater regulations to verify stormwater is being managed on-site.
Figure 11 below represents the Subject Property’s location in the floodplain with the cyan representing
the 100-year floodplain. Portions of the Subject Property are located in the 100-year floodplain. Any
improvements within the 100-year floodplain are subject to the Village’s Flood Hazard Protection
Ordinance and the Metropolitan Water Reclamation District (MWRD) Water Management Ordinance
(WMO). Compliance with these ordinances will be verified by Village Engineering staff upon submittal of
the necessary permits to construct the proposed improvement.
Subject
Property
Figure 11 - GIS Floodplain Map
REQUESTED ZONING RELIEF
The attached Zoning Matrix highlights the existing lot and the proposed improvement’s compliance with
the R-4 zoning district (Attachment A). Three variations are being requested: (1) side yard setback; (2)
total side yard setback; and (3) structural changes necessary to provide new window openings.
Minimum Side Yard Setback (East). The existing residence is legally nonconforming with respect to the
minimum required side yard setback as it currently provides a west side yard setback of 7.44 feet and an
east side yard setback of 5.69 feet. The proposed addition would continue the existing east side yard
setback of 5.69 feet, requiring a variation of 24.13%.
Total Side Yard Setback. The existing residence is also legally nonconforming with respect to minimum
required total side yard setback of 18.75 feet as the residence currently provides a total side yard setback
of 13.13 feet; encroaching into the required total side yard setback by 5.62 feet (29.97%). The proposed
addition would maintain the existing side yard setbacks of 7.44 feet from the west property line and 5.69
feet from the east property line for a total side yard setback of 13.13 feet; therefore, not increasing the
encroachment or deviation from the requirement of 18.75 feet.
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Structural Changes Necessary For New Window Openings. Zoning relief is necessary to allow the
proposed window openings in the legally nonconforming east and west side building walls of the existing
residence. More specifically, for new windows on the first floor on the west elevation and the second
floor on the east elevation. As noted previously, the west and east side building walls provide setbacks
of 7.44 and 5.69 feet, respectively, whereas the minimum required side yard setback is 7.5 feet. Existing
doors and windows may be replaced in the same location and size; however, enlarged or relocated doors
and windows in a nonconforming side building wall require approval of a zoning variation.
FINDINGS
In the attached application materials submitted by the Applicant, the Applicant has provided a statement
of justification regarding how the requested variations meet the standards for granting the requested
zoning variation. Does the ZBA find that the requested variations meet the standards for granting such
variations; and if so, is the ZBA prepared to approve the requested variations?
Staff has prepared the attached draft resolutions for the ZBA’s consideration (Attachment C). One
resolution approves the request, while the other denies the request. A ZBA member may wish to make a
motion to: (i) adopt the resolution to approve the requested variations; (ii) adopt the resolution to deny
the requested variations; or (iii) continue the case to a specific date.
ATTACHMENTS
Attachment A: Zoning Matrix
Attachment B: Application Materials
Attachment C: Draft Resolutions
Page 8
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ATTACHMENT A
ZONING MATRIX
ADDRESS: 1252 SPRUCE STREET
CASE NO: 26-13-V
ZONING: R-4
MIN/MAX DIFFERENCE BETWEEN
ITEM REQUIREMENT EXISTING PROPOSED PROPOSED & EXISTING ZONING CODE COMPLIANCE (2)
Min. Lot Size 12,600 SF 15,008 SF N/A N/A OK
Min. Average Lot Width 60 FT 75 FT N/A N/A OK
Min. Lot Depth 120 FT 200.13 FT N/A N/A OK
Max. Roofed Lot Coverage 4,052.16 SF (1) 2,009.06 SF 2,062.95 sf 53.89 SF OK
Max. Gross Floor Area 4,816.6 SF 3,055.86 SF 3,689.54 SF 633.68 SF OK
Max. Impermeable Lot Coverage 7,504 SF (1) 3,344.21 SF 3,344.21 SF 0 SF OK
Min. Front Yard (Spruce Street) 49.17 FT 50.46 FT 50.46 FT 0 FT OK
Min. Side Yard (East) 7.5 FT 5.69 FT 5.69 FT 0 FT 1.81 FT (24.13%) VARIATION
Min. Total Side Yard 18.75 FT 13.13 FT 13.13 FT 0 FT 5.62 FT (29.97%) VARIATION
Min. Rear Yard (South) 25 FT 106.64 FT 106.64 FT 0 FT OK
NOTES: (1) Based on lot area of 15,008 square feet
(2) Variation amount is the difference between proposed and requirement.
(3) Proposed second-floor addition would provide a west building wall side yard setback of 7.65 feet, in compliance
with the minimum required side yard setback of 7.5 feet
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ATTACHMENT B
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PLAT of SURVEY with TOPOGRAPHY
1252 SPRUCE ST., WILMETTE, ILLINOIS.
SPRUCE ST.
75.00'
HIBBARD RD.
N89° 05' 24"W
HIBBARD RD.
2 STORY
BRICK & FRAME
RESIDENCE #1252
200.13' S00° 01' 20"W N00° 01' 20"E
200.13'
S89° 05' 24"E
75.00'
15
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ATTACHMENT C
RESOLUTION NO. ZBA-04-2026
VILLAGE OF WINNETKA
ZONING BOARD OF APPEALS
APPROVAL OF ZBA CASE NO. 26-13-V – 1252 SPRUCE STREET
WHEREAS, Lawrence and Loraine Yolles (collectively, the “Applicant”) are the owners of the
property commonly known as 1252 Spruce Street, Winnetka, Illinois, and legally described in Exhibit A
attached to and, by this reference, made part of this Resolution (“Subject Property”); and
WHEREAS, the Subject Property is located in the R-4 Single Family Residential District; and
WHEREAS, the Subject Property is improved with a single-family residence with an attached
garage that is nonconforming with respect to (i) the minimum required side yard setback from the east
and west property lines, and (ii) the minimum required total side yard setback (“Building”); and
WHEREAS, the Applicant desires to construct a second-floor addition to the Building and create
new window openings in the legally nonconforming west and east side building walls of the Building
on the Subject Property that would (i) provide less than the minimum required side yard setback from
the east property line; (ii) provide less than the minimum required total side yard setback; and (iii)
require structural changes necessary to provide new window openings in the legally nonconforming
west and east side building walls of the existing Building that provide less than the minimum required
side yard setback (“Proposed Improvement”); and
WHEREAS, pursuant to Section 17.30.060 of the Winnetka Zoning Ordinance (“Zoning
Ordinance”), the Subject Property is required to provide a minimum side yard setback of 7.5 feet; and
WHEREAS, pursuant to Section 17.30.060 of the Winnetka Zoning Ordinance, the Subject
Property is required to provide a minimum total side setback of 18.75 feet; and
WHEREAS, pursuant to Section 17.64.060 of the Winnetka Zoning Ordinance, zoning relief is
necessary to allow enlarged or relocated windows in nonconforming side buildings walls; and
WHEREAS, the Applicant desires to construct the Proposed Improvement on the Subject
Property with (i) a minimum side yard setback that is less than the required 7.5 feet, a violation of
Section 17.30.060 of the Zoning Ordinance; (ii) a minimum total side yard setback that is less than the
required 18.75 feet, a violation of Section 17.30.060 of the Zoning Ordinance; and (iii) construct new
window openings in the legally nonconforming west and east side building walls that provide less than
the minimum required side yard setback of 7.5 feet, a violation of Section 17.64.060 of the Zoning
Ordinance; and
WHEREAS, the Applicant filed an application for variations from Section 17.30.060 and Section
17.64.060 of the Zoning Ordinance to permit the Proposed Improvement on the Subject Property with
(i) an east side yard setback of 5.69 feet; (ii) a total side yard setback of 13.13 feet; and (iii) new window
openings in the existing west side building wall that provides a setback of 7.44 feet and the existing
east side building wall that provides a setback of 5.69 feet (“Requested Variations”); and
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WHEREAS, a public notice for the Requested Variations was duly published on May 21, 2026,
in the Winnetka Talk and notice was mailed to the owners of record of all properties within 250 feet
of the Subject Property as required by the Zoning Ordinance; and
WHEREAS, a public hearing was held by the Winnetka Zoning Board of Appeals during a
meeting held on June 8, 2026, for the purpose of considering the Requested Variations with the final
decision being rendered at the Zoning Board of Appeal’s Regular Meeting on June 8, 2026; and
WHEREAS, the Zoning Board of Appeals has considered the evidence presented, as follows:
1. Application for the Requested Variations submitted by the Applicant, dated April
30, 2026, including all attachments as well as all subsequent additions and
revisions to these application materials and attachments; and
2. All written and oral testimony concerning the Requested Variations.
WHEREAS, the Zoning Board of Appeals has determined that the Requested Variations satisfy
the standards for a variation provided in Sections 17.60.040 and 17.60.050 of the Winnetka Zoning
Ordinance; and
WHEREAS, the Zoning Board of Appeals has determined that it will serve and be in the best
interest of the Village and its residents to grant the application for the (i) minimum side yard setback
variation, (ii) total side yard setback variation, and (iii) the structural changes necessary to provide new
window openings in legally nonconforming building walls variation in accordance with, and subject to,
the conditions, restrictions, and provisions of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Appeals of the Village of Winnetka,
Cook County, Illinois, that:
SECTION 1. RECITALS. The foregoing recitals are incorporated into, and made part of, this
Resolution as the findings of the Zoning Board of Appeals.
SECTION 2. APPROVAL OF VARIATIONS. Subject to and contingent upon the conditions,
restrictions, and provisions set forth in Section Three of this Resolution, the requested (i) minimum
side yard setback variation from Section 17.30.060 of the Zoning Ordinance, (ii) total side yard setback
variation from Section 17.30.060 of the Zoning Ordinance, (iii) structural changes to allow new window
openings in legally nonconforming side building walls from Section 17.64.060 of the Zoning Ordinance
to permit the Proposed Improvement on the Subject Property is hereby granted, in accordance with
and pursuant to Chapter 17.60 of the Zoning Ordinance and the home rule powers of the Village.
SECTION 3. CONDITIONS. Notwithstanding any use or development right that may be
applicable or available pursuant to the provisions of the Winnetka Zoning Ordinance or any other rights
the Applicant may have, the approval granted in Section Two of this Resolution is hereby expressly
subject to and contingent upon compliance with each and all of the following conditions:
A. Compliance with Plans. Except for minor changes and site work approved by the
Director of Community Development in accordance with all applicable Village
standards, the development, use, operation, and maintenance of the Subject Property,
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shall comply with those certain plans attached hereto as Exhibit B.
B. Compliance with Regulations. The construction, development, use, operation, and
maintenance of the Proposed Improvement and the Subject Property must comply
with all applicable Village codes and ordinances, as the same may be amended from
time to time, except to the extent specifically provided otherwise in this Resolution.
SECTION 4. RECORDING; BINDING EFFECT. A copy of this Resolution will be recorded in the
office of the Cook County Clerk Recording Division. This Resolution and the privileges, obligations, and
provisions contained herein will inure solely to the benefit of, and be binding upon, the Applicant and
its respective heirs, personal representatives, successors and assigns.
SECTION 5. FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the
Applicant to comply with any or all of the conditions, restrictions, or provisions of this Resolution, the
approval granted in Section Two of this Resolution will, at the sole discretion of the Zoning Board of
Appeals, by Resolution duly adopted, be revoked and become null and void; provided, however, that
the Zoning Board of Appeals may not so revoke the approval granted in Section Two of this Resolution
unless it first provides the Applicant with two months advance written notice of the reasons for
revocation and an opportunity to be heard at a regular meeting of the Zoning Board of Appeals. In the
event of revocation, the development and use of the Subject Property will be governed solely by the
applicable regulations of the Winnetka Zoning Ordinance, including, without limitation, (i) the side yard
setback requirements set forth in Section 17.30.060 of the Zoning Ordinance and (ii) structural changes
to provide new window openings in legally nonconforming side building walls requirement set forth in
Section 17.64.060 of the Zoning Ordinance. Further, in the event of such revocation, the Village
Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement
action as may be appropriate under the circumstances.
SECTION 6. AMENDMENTS. Any amendments to the Requested Variations granted in Section
Two of this Resolution may be granted only pursuant to the procedures, and subject to the standards
and limitations, provided in the Winnetka Zoning Ordinance.
SECTION 7. EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following events:
B. Passage by the Zoning Board of Appeals in the manner required by law; and
C. The filing by the Applicant with the Village Clerk of an Unconditional Agreement and
Consent, in the form of Exhibit C attached to and, by this reference, made a part of
this Resolution, to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Resolution and to indemnify the Village for any claims that
may arise in connection with the approval of this Resolution.
D. In the event that the Applicant does not file fully executed copies of the Unconditional
Agreement and Consent, as required by Section 7.C of this Resolution, within 60 days
after the date of final passage of this Resolution by the Zoning Board of Appeals, the
Zoning Board of Appeals will have the right, in its sole discretion, to declare this
Resolution null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
Page 91 of 134
ADOPTED this 8th day of June, 2026, pursuant to the following roll call vote:
AYES: ________________________________ ______________________________________
NAYS: ______________________________________________________________________
ABSENT: ____________________________________________________________________
ABSTAIN: ___________________________________________________________________
Signed:
____________________________________
Matthew Bradley, Chairperson
Countersigned:
____________________________________
Village Clerk
Page 92 of 134
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
LOT 1 (EXCEPT THE WEST 77 FEET AND EXCEPT THE EAST 75 FEET) IN MID-PARK, A SUBDIVISION OF
BLOCK 2 IN EDGEWOOD, A SUBDIVISION OF BLOCKS 1,2,3,6,7, AND 8 AND CERTAIN VACATED STREETS
AND ALLEYS IN THE WINNETKA LAND ASSOCIATION SUBDIVISION OF THE NORTH HALF OF THE WEST
90 ACRES OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS 1252 SPRUCE STREET, WINNETKA, ILLINOIS.
PARCEL INDEX NUMBER: 05-20-104-024-0000
Page 93 of 134
EXHIBIT B
PLANS
(SEE ATTACHED EXHIBIT B)
Page 94 of 134
EXHBIT B
ABBREVIATIONS: SPRUCE STREET SPRUCE STREET
BM BEAM OSB ORIENTED STRAND BOARD
BTM/ BOTTOM OF PKT. POCKET
I I
75.00' 75.00'
C.H. CEILING HEIGHT P.R. PO\\llER ROOM
CJ CEILING JOIST PSF POUNDS PER SQUARE FOOT
c.o. CASED OPENING P.T. PRESERVATIVE-TREATED
C\11' CLEAR WHITE PINE REF. REFRIGERATOR
DH DOUBLE HUNG R.O. ROUGH OPENING <.O <.O
...- N
DISP. DISPOSAL RR ROOF RAFTER 0 r--
LO LO
DW DISHWASHER SHT. SHEET
Dl'IR DRAWER SQ. FT. SQUARE FOOT
EX. EXISTING T.B.D. TO BE DETERMINED --
FJ FLOOR JOIST VERT. VERTICAL 'co CRETE WALK 7 ASPHALT DRIVEWAY 'NEW ROOFED EX. CONC ETE
7 NEW SECOND
FT. FOOT V.I.F. VERIFY IN FIELD I I (857.82± SQ. FT.) IOPEN PORCH WALK I FLOOR ADDITION
HORZ. HORIZONTAL W/D WASHER DRYER REMOVE PORTI N (31.5 SQ. FT.) (87± SQ. FT.) (452± SQ. FT.)
CONCRETE APRON 0
MDF MEDIUM DENSITY FIBERBOARD \\ll. WOOD I OF CONCRETE
WALK
I I (168.B± SQ. FT.)
I - I
o.c. ON CENTER
I
0
ROOF OVERHANG
I I
7.54' I I
5.69' DIMENSION TO EXISTING
7.54' 17.5' 7.0'
-"c
<O
L R�OFED OPEN .69 DIMENSIONS TO EXISTING FIRST FLOOR WALL
PORCH FIRST FLOOR WALL
C>
DIMENSION TO NEW DIMENSION TO NEW
APPLICABLE CODES: A/cD
t<)
ci 2-STORY
BRICK & FRAME GARAGE :
SECOND FLOOR WALL
□ DIMENSION TO NEW
SECOND FLOOR WALL
w ..
RESIDENCE SIDE YARD SIDE YARD <(
_J 0
7.6 u-�
1. INTERNATIONAL RESIDENTIAL CODE, 2021 EDITION; SECOND FLOOR WALL
ENCROACHMENT I ENCROACHMENT
2. ILLINOIS STATE PLUMBING CODE, 2014 EDITION OR CURRENT; VARIANCE REQUEST DIMENSION TO EXISTING VARIANCE REQUEST
FIRST FLOOR WALL
3. NATIONAL ELECTRICAL CODE (NEC), 2020 EDITION (NFPA 70); 7.44'
----
1-STORY
5.75
DIMENSION TO EXISTING
7.44'
□ 5.75 DIMENSION TO EXISTING
FIRST FLOOR WALL
4. INTERNATIONAL MECHANICAL CODE, 2021 EDITION; SUNROOM FIRST FILOOR WALL A/C �
�NDOW WELL
5. INTERNATIONAL ENERGY CONSERVATION CODE, 2024 EDITION;
C
REMOVE WOOD STEP
6. VILLAGE OF WINNElKA CODE AMENDMENTS. Cl:'.
t<) WOOD STEP t<)
(5± SQ. FT.) -
,...,
ci ci
-
,..., 0
Cl:'.
u
w
N CONCRETE BLOCK PATIO N N N L,_
ci ci
(102± SQ. FT.) I
0 0 C> C>
I-
I 0
I-
u
DESIGN CRITERIA:
Cl:'.
u
I. MAXIMUM UNIFORMLY DISTRIBUTED LIVE LOADS: ""u ""u
u u
"' "'
DWEWNG UNITS {NOT SLEEPING ROOMS) = 40 PSF � �
<( <(
I- Vl I- Vl
0 <(
m
<(
m
Vl Vl
w w
SLEEPING ROOMS = 30 PSF 0 0
ct:: ct::
w w
0 0
0
0 ROOF = 30 PSF 0:: <(
>- 0:: �
ATTC WITHOUT STORAGE = ID PSF 0 0
<( <(
>- >-
0 Vl 0 Vl
w w
Vl Vl
0 w w
0 ATTC WITH STORAGE = 20 PSF >--' >--'
0 GROUND SNOW LOAD = 30 PSF
>--'
"',-..:
u...
N"'
u... >--'
"',-..:
u... "'
u...
N
2. SEISMIC DESIGN CATAGORY = A en
-�
3. WIND SPEED = 90 MPH "
v
0
4. ALL CONCRETE SHALL BE MINIMUM 3,500 PSI STRENGTH AT 28 DAYS. .,
MINIMUM SOIL BEARING CAPACITY TO BE 3,000 PSF.
.:a
STANDARD LUMBER JOISTS AND RAFTERS SHALL BE HEM FIR #2 AND BETTER
(MIN. Iv = 75 psi, fb = 850 psi AND E = 1,300,000). STUDS AND
5.
L_ 25 FT. REAR YARD SETBACK - _J L_ 25 FT. REAR YARD SETBACK - _J
PRESERVATIVE-TREATED LUMBER SHALL BE SPF #2 AND BETTER (MIN. Iv =
70 psi, fb = 750 psi AND E= 1,100,000). MAXIMUM MOISTURE CONTENT LESS
L
THAN 19% AT TIME OF SURFACING AND GRADE MARKED "DRV". 0
0
L,_
"
L L
0
(I}
C
(/)
_J _J
u
L
.:a
DRAWING INDEX: 0
0
L,_
75.00' 75.00'
A0-0 SITE PLAN - EXISTING & NEW WORK/ ZONING NOTES �
E
Al-0 BASEMENT FLOOR PLAN - EXISTING & NEW WORK [;:
NORTH NORTH ".,V,
Al-I FIRST FLOOR PLAN - EXISTING & NEW WORK SITE PLAN - EXISTING SITE PLAN - NEW WORK 0
� � c..
Al-2 SECOND FLOOR PLAN - EXISTING & NEW WORK SCALE: 1/16" = 1'-o· (SC\l£ "'"ES TO,..,". ,.EET •ZEJ SCALE: I/16" = 1'-0" (SC\l£ APPLIES TO 24',J&" !liEET SIZE)
A2-D NORTH ELEVATION - EXISTING & NEW WORK
0 8' 16' 3 2' 48' 64' 0 8' 16' 32' 48' 64'
A2-1 WEST & EAST ELEVATIONS - EXISTING & NEW WORK
A2-2 SOUTH ELEVATION - EXISTING & NEW WORK
A3-D BUILDING SECTION THRU HOUSE - EXISTING AND NEW WORK
REV.: ISSUE: DATE:
ZONING VARIANCE 04/30/2026
ZONING VARIANCE 05/21/2026
ZONING NOTES:
ZI PROJECT LOCATED IN ZONING DISTRICT R4, SINGLE FAMILY RESIDENTIAL DISTRICT.
Z2 HOUSE BUilT 1948, PRE-FAR.
Z3 MINIMUM LOT SIZE = 12,600 SQ. FT.
ACTUAL LOT SIZE = 15,008± SQ. FT.
Z4 MAXIMUM BUILDING HEIGHT = 31 FT., 2 1/2 STORIES.
Z5 MINIMUM EACH SIDE YARD SETBACK = 6 FT. PLUS (10% OF THE LOT \\1DTH IN
RI. DRAIINGS AIII llmEN IIIADAL HBH
cacsTITUTE llE Cl!IQNAL AND Ull'UBIJSIED 'MlRK CF
EXCESS OF 60 FT. = 15 FT. x 10% = ) 1.5 FT. = 7.5 FT.
BARBARA L IICCI.RlHY, All! llE SAIIE IIAY NOT BE
lll'I..ICAlID, IJS8l, OR DISWl5ED DKllT lt£ IRIT1EN
DRAWN: McCARTHY
CCNSENT OF 8MWR,I, L IIICCARlHY.
Z6 MINIMUM TOTAL SIDE YARD SETBACK = GREATER OF 14 FT. OR 25% LOT 'MDTH
= 18.75 FT. SCALE: AS NOTED
Z7 MINIMUM REAR YARD SETBACK = 15il: OF THE LOT DEPTH = 30 FT., DATE: 04/30/2026
MAXIMUM = 25 FT.
ZONING NOTES/ SITE
ZB MINIMUM FRONT YARD SETBACK = 30 FT., OR AVERAGE OF 3 HOMES ON THE PLAN - EXISTING & NEW
BLOCK, 50% OF WHICH ARE MORE THAN 30 FT. SETBACK. WORK
Z9 MAXIMUM BUILDING SIZE = PRE-FAR, 3,630 + ((LA.-9025) x .2) = 4,816.6 SQ. FT.
ZID MAXIMUM ROOFED LOT COVERAGE = 27% OF THE LOT AREA = 4,052.16 SQ. FT.
Z11 MAXIMUM IMPERVIOUS LOT COVERAGE = 50% OF THE LOT AREA = 7,504 SQ. FT.
A0-0
Page 95 of 134
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Page 102 of 134
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Winnetka, Illinois (“Village”):
WHEREAS, Lawrence and Loraine Yolles (collectively, the “Owner”) are the owners of record
of that certain real property located at 1252 Spruce Street, Winnetka, Illinois (“Property”); and
WHEREAS, Resolution No. ZBA-04-2026, adopted by the Winnetka Zoning Board of Appeals on
June 8, 2026 (“Resolution”), grants variations to construct a second-floor addition to the existing
single-family residence on the Subject Property; and
WHEREAS, Section 7.A.2 of the Resolution provides, among other things, that the Resolution
will be of no force or effect unless and until the Owner has filed, within 60 days following the passage
of the Resolution, its unconditional agreement and consent to accept and abide by each and all of the
terms, conditions, and limitations set forth in the Resolution;
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to accept, consent to, and abide by each and
all of the terms, conditions, limitations, restrictions, and provisions of the Resolution.
2. The Owner acknowledges that public notices and public hearings have been properly
given and held with respect to the adoption of the Resolution, have considered the possibility of the
revocation provided for in the Resolution, and agree not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees that the Village is not and will not be, in any way,
liable for any damages or injuries that may be sustained as a result of the Village’s granting of the
variations, and that the Village’s approval of the variations does not, and will not, in any way, be
deemed to insure the Owner against damage or injury of any kind and at any time.
4. The Owner hereby agrees to hold harmless and indemnify the Village, the Village’s
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
of such parties in connection with the Village’s adoption of the Resolution granting the variations for
the Property.
[SIGNATURE PAGE FOLLOWS]
Page 103 of 134
Dated: _____________________, 2026.
ATTEST OWNER
By: __________________________ By: _________________________________
Lawrence Yolles
Name: _______________________ By: _________________________________
Loraine Yolles
Page 104 of 134
RESOLUTION NO. ZBA-04-2026
VILLAGE OF WINNETKA
ZONING BOARD OF APPEALS
DENIAL OF ZBA CASE NO. 26-13-V – 1252 SPRUCE STREET
WHEREAS, Lawrence and Loraine Yolles (collectively, the “Applicant”) are the owners of the
property commonly known as 1252 Spruce Street, Winnetka, Illinois, and legally described in Exhibit A
attached to and, by this reference, made part of this Resolution (“Subject Property”); and
WHEREAS, the Subject Property is located in the R-4 Single Family Residential District; and
WHEREAS, the Subject Property is improved with a single-family residence with an attached
garage that is nonconforming with respect to (i) the minimum required side yard setback from the east
and west property lines, and (ii) the minimum required total side yard setback (“Building”); and
WHEREAS, the Applicant desires to construct a second-floor addition to the Building and create
new window openings in the legally nonconforming west and east side building walls of the Building
on the Subject Property that would (i) provide less than the minimum required side yard setback from
the east property line; (ii) provide less than the minimum required total side yard setback; and (iii)
require structural changes necessary to provide new window openings in the legally nonconforming
west and east side building walls of the existing Building that provide less than the minimum required
side yard setback (“Proposed Improvement”); and
WHEREAS, pursuant to Section 17.30.060 of the Winnetka Zoning Ordinance (“Zoning
Ordinance”), the Subject Property is required to provide a minimum side yard setback of 7.5 feet; and
WHEREAS, pursuant to Section 17.30.060 of the Winnetka Zoning Ordinance, the Subject
Property is required to provide a minimum total side setback of 18.75 feet; and
WHEREAS, pursuant to Section 17.64.060 of the Winnetka Zoning Ordinance, zoning relief is
necessary to allow enlarged or relocated windows in nonconforming side buildings walls; and
WHEREAS, the Applicant desires to construct the Proposed Improvement on the Subject
Property with (i) a minimum side yard setback that is less than the required 7.5 feet, a violation of
Section 17.30.060 of the Zoning Ordinance; (ii) a minimum total side yard setback that is less than the
required 18.75 feet, a violation of Section 17.30.060 of the Zoning Ordinance; and (iii) construct new
window openings in the legally nonconforming west and east side building walls that provide less than
the minimum required side yard setback of 7.5 feet, a violation of Section 17.64.060 of the Zoning
Ordinance; and
WHEREAS, the Applicant filed an application for variations from Section 17.30.060 and Section
17.64.060 of the Zoning Ordinance to permit the Proposed Improvement on the Subject Property with
(i) an east side yard setback of 5.69 feet; (ii) a total side yard setback of 13.13 feet; and (iii) new window
openings in the existing west side building wall that provides a setback of 7.44 feet and the existing
east side building wall that provides a setback of 5.69 feet (“Requested Variations”); and
Page 105 of 134
WHEREAS, a public notice for the Requested Variations was duly published on May 21, 2026,
in the Winnetka Talk and notice was mailed to the owners of record of all properties within 250 feet
of the Subject Property as required by the Zoning Ordinance; and
WHEREAS, a public hearing was held by the Winnetka Zoning Board of Appeals during a
meeting held on June 8, 2026, for the purpose of considering the Requested Variations with the final
decision being rendered at the Zoning Board of Appeal’s Regular Meeting on June 8, 2026; and
WHEREAS, the Zoning Board of Appeals has considered the evidence presented, as follows:
1. Application for the Requested Variations submitted by the Applicant, dated April
30, 2026, including all attachments as well as all subsequent additions and
revisions to these application materials and attachments; and
2. All written and oral testimony concerning the Requested Variations.
WHEREAS, the Zoning Board of Appeals has determined that the Requested Variations do not
satisfy the standards for a variation provided in Sections 17.60.040 and 17.60.050 of the Winnetka
Zoning Ordinance because (i) the Requested Variations are not in harmony with the general purpose
and intent of the Winnetka Zoning Ordinance; (ii) the Subject Property can yield a reasonable return if
it is permitted to be used only under the conditions allowed for the R-4 Single Family Residential
District; and (iii) the plight of the Applicant is not due to unique circumstances; and
WHEREAS, the Zoning Board of Appeals has determined that it will not serve and be in the best
interest of the Village and its residents to approve the Requested Variations.
NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Appeals of the Village of Winnetka,
Cook County, Illinois, that:
SECTION 1. RECITALS. The foregoing recitals are incorporated into, and made part of, this
Resolution as the findings of the Zoning Board of Appeals.
SECTION 2. DENIAL OF VARIATIONS. In accordance with and pursuant to Chapter 17.60 of the
Winnetka Zoning Ordinance and the home rule powers of the Village, the Zoning Board of Appeals
denies the Requested Variations for the Subject Property.
SECTION 3. EFFECTIVE DATE. This Resolution will be effective upon passage by the Zoning
Board of Appeals in the manner required by law.
[SIGNATURE PAGE FOLLOWS]
Page 106 of 134
ADOPTED this 8th day of June, 2026, pursuant to the following roll call vote:
AYES: ______________________________________________________________________
NAYS: ______________________________________________________________________
ABSENT: ____________________________________________________________________
ABSTAIN: ___________________________________________________________________
Countersigned: Signed:
________________________________ __________________________________
Village Clerk Matthew Bradley, Chairperson
Page 107 of 134
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
LOT 1 (EXCEPT THE WEST 77 FEET AND EXCEPT THE EAST 75 FEET) IN MID-PARK, A SUBDIVISION OF
BLOCK 2 IN EDGEWOOD, A SUBDIVISION OF BLOCKS 1,2,3,6,7, AND 8 AND CERTAIN VACATED STREETS
AND ALLEYS IN THE WINNETKA LAND ASSOCIATION SUBDIVISION OF THE NORTH HALF OF THE WEST
90 ACRES OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS 1252 SPRUCE STREET, WINNETKA, ILLINOIS.
PARCEL INDEX NUMBER: 05-20-104-024-0000
Page 108 of 134
MEMORANDUM
VILLAGE OF WINNETKA
COMMUNITY DEVELOPMENT DEPARTMENT
TO: ZONING BOARD OF APPEALS
FROM: CHRISTOPHER MARX, ACIP – ASSOCIATE PLANNER
DATE: JUNE 4, 2026
SUBJECT: 705 OAK STREET – VARIATIONS (CASE NO. 26-14-V)
INTRODUCTION
On June 8, 2026, the Zoning Board of Appeals (“ZBA”) is scheduled to hold a public hearing on an
application submitted by Jeffrey and Amy Bucklew (collectively, the “Applicant”), as Trustees of The
Bucklew Joint Trust dated May 10, 2018, of 705 Oak Street, Winnetka, IL 60093, the owner of the property
located at 705 Oak Street (the “Subject Property”). The Applicant requests approval of the following
zoning variation to allow the installation of a fence along a portion of the west property line of the Subject
Property:
1. Fence Height of 8 feet, whereas a maximum height of 6.5 feet above natural grade is permitted,
a variation of 1.5 feet (23.08%) [Section 17.30.130 – Obstructions in Required Yards or Courts].
A mail notice was sent to property owners within 250 feet of the Subject Property in compliance with the
Zoning Ordinance. The hearing was properly noticed in the Winnetka Talk on May 21, 2026. As of the date
of this memo, staff has not received any written comments from the public regarding this application.
The ZBA has final jurisdiction on this request as the ZBA has the authority to allow a fence to exceed the
maximum permitted height, provided that the maximum permitted height allowed pursuant to the
variation shall be no more than 10 feet.
PROPERTY DESCRIPTION
The Subject Property, which is approximately 0.26 acres in size, is located on the north side of Oak
Street between Lincoln Avenue and Maple Street and contains an existing two-story residence and a
detached garage (see Figure 1). The property is zoned R-5 Single Family Residential and is bordered by
B-2 Multi-Family Residential to the west, B-1 Multi-Family Residential to the north and south, R-4 Single
Family Residential to the east, and C-2 General Retail Commercial to the south (see Figure 2). The
Comprehensive Plan designates the Subject Property as appropriate for single family residential
development. The zoning of the property is consistent with the Comprehensive Plan land use
designation.
Page 1
Page 109 of 134
Subject
Property
Lincoln
Avenue
Oak Street
Green
Bay Road Maple
Street
Figure 1 – GIS Aerial Map
Subject
Property
Lincoln Oak Street
Avenue
Maple
Street
Figure 2 – Zoning Map
PROPERTY HISTORY AND PREVIOUS ZONING APPLICATIONS
The residence was constructed in 2002 after adoption of Ordinance MC-1-2002 by the Village Council on
February 5, 2002, amending the Official Zoning Map of the Village of Winnetka to Rezone the Property at
705 Oak Street from B-1 Multi-Family Residential to R-5 Single Family Residential. Subsequent building
permits were issued in 2020 and 2025 for fence installations, and in 2026 for an outdoor kitchen. Other
minor permits have been issued over the last several years. The Applicant acquired the property in 2025.
Figures 3 through 6 on the following page are current photos of the Subject Property.
Page 2
Page 110 of 134
Figure 3 – Subject Property - Front (South) Elevation - Oak Street
Figure 4 and Figure 5– Subject Property - Front (South) and Side (West) Elevations - Oak Street
Figure 6 – Subject Property - Front (South) Elevation Facing Northwest - Oak Street
Page 3
Page 111 of 134
PROPOSED PLAN
The requested variation would allow installation of a new fence that is taller than the existing fence along
a portion of the west property line of the Subject Property. The existing fence is a solid cedar cap-and-
trim fence that is approximately 6 feet in height and was installed in 2025 as part of an overall perimeter
fencing enclosure for the property. The Applicant, who was also the issuant for the 2025 fence permit,
has indicated that the existing fence is insufficient for screening of the driveway, vehicular traffic, refuse
receptacles, and mounted utility equipment of the neighboring multi-family residential building to the
west.
The proposed replacement fence would be the same material and style as the existing solid cedar fence
on the Subject Property. The height of the proposed fence would start at 6.5 feet on the southernmost
installation point and escalate with slightly taller panels at different sections to a crest of 8 feet, while
descending back down to a height of 6.5 feet at the installation endpoint towards the center of the
property. The Applicant indicates that the varying heights are intended to compensate for the grade
changes of the driveway and provide a more gradual and stepped transition of fence height. The proposed
fence would comply with the 10-foot setback requirement of fences from the intersecting points of
driveways and sidewalks, as it would be located 17 feet north of the south (front) property line.
A photo of the existing fence on the west property line is provided below as Figure 7, and the proposed
site plan is provided on the following page as Figure 8. The complete set of plans, including the site plan,
fence specifications, and site photos are provided in the application materials as Attachment A.
Existing fence
to be replaced
Figure 7 – Subject Property – West Elevation
Page 4
Page 112 of 134
Location of
Proposed Fence
Installation
Figure 8 – Proposed Site Plan
REQUESTED ZONING RELIEF
One variation is being requested to allow a fence that reaches a maximum height of 8 feet along a portion
of the west property line, whereas the maximum permitted height 6.5 feet above natural grade, a
variation of 1.5 feet (23.08%).
Page 5
Page 113 of 134
FINDINGS
In the attached application materials submitted by the Applicant, the Applicant has provided a statement
of justification regarding how the requested variation meets the standards for granting the requested
zoning variation. Does the ZBA find that the requested variation meets the standards for granting such a
variation; and if so, is the ZBA prepared to approve the requested variation?
Staff has prepared the attached draft resolutions for the ZBA’s consideration (Attachment B). One
resolution approves the request, while the other denies the request. A ZBA member may wish to make a
motion to: (i) adopt the resolution to approve the requested variation; (ii) adopt the resolution to deny
the requested variation; or (iii) continue the case to a specific date.
ATTACHMENTS
Attachment A: Application Materials
Attachment B: Draft Resolutions
Page 6
Page 114 of 134
Page 115 of 134
Narrative for Zoning Variation Request
Property: 705 Oak Street, Winnetka, Illinois
Request: Variation to permit portions of a revised side/rear yard fence to exceed the otherwise permitted fence height
and reach a maximum of eight (8) feet.
Description of Request
The subject property has an unusual adjacency condition that is not typical of a standard residential side-yard
relationship. Rather than bordering another single-family home with a landscaped side yard, 705 Oak Street is directly
adjacent to a three-story multi-family residential building. Although the neighboring property is residential in zoning and
use, the portion of that building facing the subject property functions primarily as the service and utility side of the
development rather than an attractive residential façade.
While other sides of the neighboring building are landscaped and residential in character, the side facing 705 Oak
Street includes the entrance drive to the underground garage, dumpsters and garbage cans, daily refuse collection
activity at approximately 7:00 a.m. (including reverse warning beeping from the collection truck), a line of bright
fluorescent utility lights mounted along the building, and two large electrical/utility structures mounted on concrete pads
that are visible from the rear patio and backyard living area. The garage door also opens and closes frequently
throughout the day, creating a level of ongoing activity more consistent with a service access area than the side yard of
a typical residence.
Because of this unique condition, effective screening along the shared property line is particularly important. At the
same time, the existing hedge along the property line has become overgrown, inconsistent, and no longer a viable
long-term solution for attractive screening. What was likely once a more uniform planting has evolved into multiple plant
varieties with irregular growth patterns, varying heights, invasive vine overgrowth, and an uneven appearance that is
difficult to maintain or restore cohesively.
We therefore propose a coordinated replacement plan consisting of updated fencing in selected areas and new hedge
landscaping in the front portion of the property. The proposed fence will create a cleaner, more attractive, and more
consistent screen than the existing condition while remaining lower than portions of the current hedge. The proposed
fence will match the existing cedar privacy fence style currently installed on the property, including natural cedar
material, cap-and-trim top detail, horizontal mid-rail, and stepped panel transitions.
Four existing fence sections on the rear portion of the side yard would be replaced to create a gradual stepped
transition from six (6) feet to eight (8) feet. This creates a more intentional and visually balanced appearance while
providing needed screening from electrical/mechanical equipment and related service-area elements currently visible
from the rear patio and backyard living area.
The requested maximum height of eight (8) feet is limited only to the portions where additional height is necessary for
effective screening. As the fence progresses toward the front of the property, the height begins stepping down at the
end of the house and continues to decrease in height as it approaches the front yard. There is no fence for
approximately seventeen (17) feet before the sidewalk, with approximately nine (9) additional feet between the sidewalk
and the street. The stepped transition and early termination of the fence are intentionally designed to preserve open
sight lines near the driveway approach, sidewalk, and street frontage.
In the front portion of the property, the existing hedge would be removed and replaced with new hedge landscaping,
maintaining a softer landscaped condition near the street frontage.
1. The property cannot yield a reasonable return if permitted only under the
strict application of the ordinance.
Strict application of the standard fence height does not provide an effective buffering solution due to the unusually
intense adjacent conditions, including lighting, mechanical equipment, and service activity.
Page 116 of 134
2. The plight of the owner is due to unique circumstances of the property and
not the occupants.
The hardship arises from the physical characteristics and surrounding context of the property itself, including adjacency
to a three-story neighboring residential structure, garage drive, dumpster activity, lighting, and exposed equipment.
3. The variation, if granted, will not alter the essential character of the locality.
The neighborhood will remain residential in character. The proposal improves an aging hedge condition with an orderly
fencing and landscaping plan.
4. Adequate light and air to adjacent property will not be impaired.
The proposed fence is a narrow screening improvement along the property line and will not materially impair light or air.
5. The hazard from fire or other damage will not be increased.
The fence will be constructed using standard code-compliant materials and accepted installation methods.
6. The taxable value of land and buildings throughout the Village will not
diminish.
The requested improvement is expected to maintain or enhance value by improving privacy, appearance, and long-term
maintainability.
7. Congestion in the public street will not increase.
The proposed fence creates no additional traffic, parking demand, occupancy, or congestion.
8. Public health, safety, comfort, morals, and welfare will not otherwise be
impaired.
The request improves residential comfort and welfare while preserving sight lines near the adjacent garage drive
through stepped heights and early termination before the sidewalk.
Conclusion
This application seeks a modest and carefully designed variation that responds to the unique utility-oriented conditions
of the neighboring property, replaces an aging, overgrown, and inconsistent hedge condition with a more attractive and
durable long-term screening solution, improves screening of visible mechanical and service elements, and preserves an
appropriate streetscape by tapering downward and ending well before the sidewalk. For these reasons, we respectfully
request approval of the proposed fence height variation up to eight (8) feet.
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Front Yard – old, overgrown hedge with invasive vines – New proposed fence would stop at end of
hardscape on left side of driveway – new hedge, plantings would be in front.
Backyard View – fence steps up and stops at 6’ height – mechanicals visable
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Two large industrial mechanical/electrical boxes visible from our patio
Drive to underground garage, dumpsters and garbage cans – industrial lights along building
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ATTACHMENT B
RESOLUTION NO. ZBA-05-2026
VILLAGE OF WINNETKA
ZONING BOARD OF APPEALS
APPROVAL OF ZBA CASE NO. 26-14-V – 705 OAK STREET
WHEREAS, Jeffrey and Amy Bucklew (collectively, the “Applicant”), as Trustees of The Bucklew
Joint Trust dated May 10, 2018, of 705 Oak Street, Winnetka, IL 60093, are the owners of the property
commonly known as 705 Oak Street, Winnetka, Illinois, and legally described in Exhibit A attached to
and, by this reference, made part of this Resolution (“Subject Property”); and
WHEREAS, the Subject Property is located in the R-5 Single Family Residential District; and
WHEREAS, the Subject Property is improved with a single-family residence, a detached garage,
and a fence; and
WHEREAS, the Applicant desires to replace the existing fence along a portion of the west
property line of the Subject Property (“Proposed Improvement”); and
WHEREAS, pursuant to Section 17.30.130 of the Winnetka Zoning Ordinance (“Zoning
Ordinance”), the maximum permitted height for a fence within a required yard is 6.5 feet above natural
grade; and
WHEREAS, the Applicant desires to replace the existing fence along a portion of the west
property line with a new fence on the Subject Property measuring up to 8 feet in height above natural
grade, a violation of Section 17.30.130 of the Zoning Ordinance; and
WHEREAS, the Applicant filed an application for a variation from Section 17.30.130 of the
Zoning Ordinance to permit the Proposed Improvement with a height of 8 feet above natural grade
(“Requested Variation”); and
WHEREAS, a public notice for the Requested Variation was duly published on May 21, 2026, in
the Winnetka Talk and notice was mailed to the owners of record of all properties within 250 feet of
the Subject Property as required by the Zoning Ordinance; and
WHEREAS, a public hearing was held by the Winnetka Zoning Board of Appeals during a
meeting held on June 8, 2026, for the purpose of considering the Requested Variation with the final
decision being rendered at the Zoning Board of Appeal’s Regular Meeting on June 8, 2026; and
WHEREAS, the Zoning Board of Appeals has considered the evidence presented, as follows:
1. Application for the Requested Variation submitted by the Applicant, dated April
28, 2026, including all attachments as well as all subsequent additions and
revisions to these application materials and attachments; and
2. All written and oral testimony concerning the Requested Variation.
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WHEREAS, the Zoning Board of Appeals has determined that the Requested Variation satisfies
the standards for a variation provided in Sections 17.60.040 and 17.60.050 of the Winnetka Zoning
Ordinance; and
WHEREAS, the Zoning Board of Appeals has determined that it will serve and be in the best
interest of the Village and its residents to grant the application for the fence height variation in
accordance with, and subject to, the conditions, restrictions, and provisions of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Appeals of the Village of Winnetka,
Cook County, Illinois, that:
SECTION 1. RECITALS. The foregoing recitals are incorporated into, and made part of, this
Resolution as the findings of the Zoning Board of Appeals.
SECTION 2. APPROVAL OF VARIATION. Subject to and contingent upon the conditions,
restrictions, and provisions set forth in Section Three of this Resolution, the requested maximum fence
height variation from Section 17.30.130 of the Zoning Ordinance to permit the installation of a fence
along a portion of the west property line of the Subject Property is hereby granted, in accordance with
and pursuant to Chapter 17.60 of the Zoning Ordinance and the home rule powers of the Village.
SECTION 3. CONDITIONS. Notwithstanding any use or development right that may be
applicable or available pursuant to the provisions of the Winnetka Zoning Ordinance or any other rights
the Applicant may have, the approval granted in Section Two of this Resolution is hereby expressly
subject to and contingent upon compliance with each and all of the following conditions:
A. Compliance with Plans. Except for minor changes and site work approved by the
Director of Community Development in accordance with all applicable Village
standards, the development, use, operation, and maintenance of the Subject Property,
shall comply with those certain plans attached hereto as Exhibit B.
B. Compliance with Regulations. The construction, development, use, operation, and
maintenance of the Proposed Improvement and the Subject Property must comply
with all applicable Village codes and ordinances, as the same may be amended from
time to time, except to the extent specifically provided otherwise in this Resolution.
SECTION 4. RECORDING; BINDING EFFECT. A copy of this Resolution will be recorded in the
office of the Cook County Clerk Recording Division. This Resolution and the privileges, obligations, and
provisions contained herein will inure solely to the benefit of, and be binding upon, the Applicant and
its respective heirs, personal representatives, successors and assigns.
SECTION 5. FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the
Applicant to comply with any or all of the conditions, restrictions, or provisions of this Resolution, the
approval granted in Section Two of this Resolution will, at the sole discretion of the Zoning Board of
Appeals, by Resolution duly adopted, be revoked and become null and void; provided, however, that
the Zoning Board of Appeals may not so revoke the approval granted in Section Two of this Resolution
unless it first provides the Applicant with two months advance written notice of the reasons for
revocation and an opportunity to be heard at a regular meeting of the Zoning Board of Appeals. In the
event of revocation, the development and use of the Subject Property will be governed solely by the
applicable regulations of the Winnetka Zoning Ordinance, including, without limitation, the fence
height requirement set forth in Section 17.30.130 of the Winnetka Zoning Ordinance. Further, in the
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event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed
to bring such zoning enforcement action as may be appropriate under the circumstances.
SECTION 6. AMENDMENTS. Any amendments to the Requested Variation granted in Section
Two of this Resolution may be granted only pursuant to the procedures, and subject to the standards
and limitations, provided in the Winnetka Zoning Ordinance.
SECTION 7. EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following events:
B. Passage by the Zoning Board of Appeals in the manner required by law; and
C. The filing by the Applicant with the Village Clerk of an Unconditional Agreement and
Consent, in the form of Exhibit C attached to and, by this reference, made a part of
this Resolution, to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Resolution and to indemnify the Village for any claims that
may arise in connection with the approval of this Resolution.
D. In the event that the Applicant does not file fully executed copies of the Unconditional
Agreement and Consent, as required by Section 7.C of this Resolution, within 60 days
after the date of final passage of this Resolution by the Zoning Board of Appeals, the
Zoning Board of Appeals will have the right, in its sole discretion, to declare this
Resolution null and void and of no force or effect.
ADOPTED this 8th day of June, 2026, pursuant to the following roll call vote:
AYES: ________________________________ ______________________________________
NAYS: ______________________________________________________________________
ABSENT: ____________________________________________________________________
ABSTAIN: ___________________________________________________________________
Signed:
____________________________________
Matthew Bradley, Chairperson
Countersigned:
____________________________________
Village Clerk
Page 125 of 134
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
THE EAST 25 FEET OF LOT FOUR (4), LOT FIVE (5) (EXCEPT THE EAST 160 FEET THEREOF), AND LOT SIX
(6) (EXCEPT THE EAST 160 FEET THEREOF) IN PROUTY HOMESTEAD SUBDIVISION OF ALL OF BLOCKS
TWENTY FOUR (24) AND TWENTY FIVE (25) LYING NORTHEASTERLY OF THE RIGHT OF WAY OF THE
CHICAGO AND MILWAUKEE ELECTRIC RAILROAD (EXCEPT THE NORTH 211 FEET OF BLOCK TWENTY
FOUR (24) ALSO THE WEST 3 FEET OF THE NORTH 221 FEET OF SAID BLOCK TWENTY FOUR (24) ALL IN
WINNETKA, A SUBDIVISION BY CHARLES E. PECK, OF THE NORTHEAST QUARTER (¼) OF SECTION 20,
AND THE FRACTIONAL NORTH HALF (½) OF FRACTIONAL SECTION 21, ALL IN TOWNSHIP 42 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS 705 OAK STREET, WINNETKA, ILLINOIS.
PARCEL INDEX NUMBER: 05-21-109-008-0000
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EXHIBIT B
PLANS
(SEE ATTACHED EXHIBIT B)
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Winnetka, Illinois (“Village”):
WHEREAS, Jeffrey and Amy Bucklew, as Trustees of The Bucklew Joint Trust dated May 10,
2018, of 705 Oak Street, Winnetka, IL 60093, (the “Owner”) are the owner of record of that certain
real property located at 705 Oak Street, Winnetka, Illinois (“Property”); and
WHEREAS, Resolution No. ZBA-05-2026, adopted by the Winnetka Zoning Board of Appeals on
June 8, 2026 (“Resolution”), grants a variation to construct a fence on the Subject Property; and
WHEREAS, Section 7.A.2 of the Resolution provides, among other things, that the Resolution
will be of no force or effect unless and until the Owner has filed, within 60 days following the passage
of the Resolution, its unconditional agreement and consent to accept and abide by each and all of the
terms, conditions, and limitations set forth in the Resolution;
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to accept, consent to, and abide by each and
all of the terms, conditions, limitations, restrictions, and provisions of the Resolution.
2. The Owner acknowledges that public notices and public hearings have been properly
given and held with respect to the adoption of the Resolution, have considered the possibility of the
revocation provided for in the Resolution, and agree not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees that the Village is not and will not be, in any way,
liable for any damages or injuries that may be sustained as a result of the Village’s granting of the
variation, and that the Village’s approval of the variation does not, and will not, in any way, be deemed
to insure the Owner against damage or injury of any kind and at any time.
4. The Owner hereby agrees to hold harmless and indemnify the Village, the Village’s
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
of such parties in connection with the Village’s adoption of the Resolution granting the variation for
the Property.
[SIGNATURE PAGE FOLLOWS]
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Dated: _____________________, 2026.
ATTEST OWNER
By: __________________________ By: _________________________________
Jeffrey Bucklew, as Trustee of The Bucklew
Joint Trust dated May 10, 2018, of 705 Oak
Street, Winnetka IL 60093
Name: _______________________ By: ______________________________
Amy Bucklew, as Trustee of The Bucklew Joint
Trust dated May 10, 2018, of 705 Oak Street,
Winnetka, IL 60093
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RESOLUTION NO. ZBA-05-2026
VILLAGE OF WINNETKA
ZONING BOARD OF APPEALS
DENIAL OF ZBA CASE NO. 26-14-V – 705 OAK STREET
WHEREAS, Jeffrey Bucklew and Amy Bucklew (collectively, the “Applicant”), as Trustees of The
Bucklew Joint Trust dated May 10, 2018, of 705 Oak Street, Winnetka IL 60093, are the owners of the
property commonly known as 705 Oak Street, Winnetka, Illinois, and legally described in Exhibit A
attached to and, by this reference, made part of this Resolution (“Subject Property”); and
WHEREAS, the Subject Property is located in the R-5 Single Family Residential District; and
WHEREAS, the Subject Property is improved with a single-family residence, a detached garage
and a fence; and
WHEREAS, the Applicant desires to replace the existing fence along a portion of the west
property line of the Subject Property (“Proposed Improvement”); and
WHEREAS, pursuant to Section 17.30.130 of the Winnetka Zoning Ordinance (“Zoning
Ordinance”), the maximum permitted height for a fence within a required yard is 6.5 feet above natural
grade; and
WHEREAS, the Applicant desires to replace the existing fence along a portion of the west
property line with a new fence on the Subject Property measuring up to 8 feet in height above natural
grade, a violation of Section 17.30.130 of the Zoning Ordinance; and
WHEREAS, the Applicant filed an application for a variation from Section 17.30.130 of the
Zoning Ordinance to permit the Proposed Improvement with a height of 8 feet above natural grade
(“Requested Variation”); and
WHEREAS, a public notice for the Requested Variation was duly published on May 21, 2026, in
the Winnetka Talk and notice was mailed to the owners of record of all properties within 250 feet of
the Subject Property as required by the Zoning Ordinance; and
WHEREAS, a public hearing was held by the Winnetka Zoning Board of Appeals during a
meeting held on June 8, 2026, for the purpose of considering the Requested Variation with the final
decision being rendered at the Zoning Board of Appeal’s Regular Meeting on June 8, 2026; and
WHEREAS, the Zoning Board of Appeals has considered the evidence presented, as follows:
1. Application for the Requested Variation submitted by the Applicant, dated April
28, 2026, including all attachments as well as all subsequent additions and
revisions to these application materials and attachments; and
2. All written and oral testimony concerning the Requested Variation.
Page 132 of 134
WHEREAS, the Zoning Board of Appeals has determined that the Requested Variation does not
satisfy the standards for a variation provided in Sections 17.60.040 and 17.60.050 of the Winnetka
Zoning Ordinance because (i) the Requested Variation is not in harmony with the general purpose and
intent of the Winnetka Zoning Ordinance; (ii) the Subject Property can yield a reasonable return if it is
permitted to be used only under the conditions allowed for the R-5 Single Family Residential District;
and (iii) the plight of the Applicant is not due to unique circumstances; and
WHEREAS, the Zoning Board of Appeals has determined that it will not serve and be in the best
interest of the Village and its residents to approve the Requested Variation.
NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Appeals of the Village of Winnetka,
Cook County, Illinois, that:
SECTION 1. RECITALS. The foregoing recitals are incorporated into, and made part of, this
Resolution as the findings of the Zoning Board of Appeals.
SECTION 2. DENIAL OF VARIATION. In accordance with and pursuant to Chapter 17.60 of the
Winnetka Zoning Ordinance and the home rule powers of the Village, the Zoning Board of Appeals
denies the Requested Variation for the Subject Property.
SECTION 3. EFFECTIVE DATE. This Resolution will be effective upon passage by the Zoning
Board of Appeals in the manner required by law.
ADOPTED this 8th day of June, 2026, pursuant to the following roll call vote:
AYES: ______________________________________________________________________
NAYS: ______________________________________________________________________
ABSENT: ____________________________________________________________________
ABSTAIN: ___________________________________________________________________
Signed:
____________________________________
Matthew Bradley, Chairperson
Countersigned:
_______________________________________
Village Clerk
Page 133 of 134
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
THE EAST 25 FEET OF LOT FOUR (4), LOT FIVE (5) (EXCEPT THE EAST 160 FEET THEREOF), AND LOT SIX
(6) (EXCEPT THE EAST 160 FEET THEREOF) IN PROUTY HOMESTEAD SUBDIVISION OF ALL OF BLOCKS
TWENTY FOUR (24) AND TWENTY FIVE (25) LYING NORTHEASTERLY OF THE RIGHT OF WAY OF THE
CHICAGO AND MILWAUKEE ELECTRIC RAILROAD (EXCEPT THE NORTH 211 FEET OF BLOCK TWENTY
FOUR (24) ALSO THE WEST 3 FEET OF THE NORTH 221 FEET OF SAID BLOCK TWENTY FOUR (24) ALL IN
WINNETKA, A SUBDIVISION BY CHARLES E. PECK, OF THE NORTHEAST QUARTER (¼) OF SECTION 20,
AND THE FRACTIONAL NORTH HALF (½) OF FRACTIONAL SECTION 21, ALL IN TOWNSHIP 42 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS 705 OAK STREET, WINNETKA, ILLINOIS.
PARCEL INDEX NUMBER: 05-21-109-008-0000
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