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A dispute between Lake Forest and a prominent developer boils down to just what constitutes an “empty nester.”

The developer, Carroll Homes, and city officials have locked horns over that question and feuded over what types of homes the empty nesters–typically older couples–want to live in after their children move out.

Carroll Homes is seeking to develop 34 homes on 86 acres in the Park Lane subdivision at Waukegan Road and Gage Lane. It has agreed to build homes that target empty nesters.

But the city believes the developers’ plans will attract more than just older couples. Officials say such larger homes that appeal to families with children aren’t in short supply in Lake Forest.

In August, the City Council blocked the development of the homes as planned, and sent the matter back to its Building Review Board.

So this month, Carroll Homes sued Lake Forest, asserting it had met the city’s requirements and that it should be allowed to build model homes so it can begin marketing them next spring. The suit asks that the city be forced to issue a building permit to the developer.

A court hearing is scheduled for Nov. 21, after the review board’s meeting. As a result, Carroll probably won’t be able to build on schedule, city officials said.

The story dates to 1992, when a city study determined that Lake Forest has a surplus of traditional, single-family houses on large lots–one-half acre or more–but lacked simpler homes for empty nesters.

“Many people in Lake Forest were looking to downsize, for something that was smaller and needed less maintenance,” said City Manager Robert Kiely.

In 1995, the City Council granted Carroll Homes a special-use permit to subdivide its land as long as the homes would be targeted toward empty nesters. The developer also agreed to leave 60 percent of the land as parks and wetlands.

Carroll Homes’ president, Barry Carroll, a longtime resident whose father owned land in the area for decades, said he sought expert advice on what types of homes empty nesters were seeking and had an architect design four models to meet those needs.

But the home Carroll hopes to build as its first model–which was approved by the city’s Building Review Board in July, but later rejected by the City Council–is too traditional, city officials say.

That model is too big, has too many bedrooms and has more formal entertaining rooms than the typical empty-nester is looking for, Kiely said.

But Gary Welch, vice president of building for Carroll Homes, said city officials are ignoring the wants of younger empty nesters, or even widowed ones who may have children living with them at times.

“The city is trying to define empty nesters as a very narrow segment of the market,” Welch said. “They suggest we cater to only 25 percent of the market.”

Carroll officials said they were shocked that the city staff appealed the review board’s initial approval. The suit contends that Carroll Homes then wasn’t allowed to defend its model before the council.

City staff acknowledge that the appeal was likely unprecedented, but said Carroll has had ample opportunity to present its case.