The issue of the controversial third phase of the McKinley Road development in Lake Forest is heading back to the City Council following a key action by the city’s Historic Preservation Commission.
On Nov. 16, the commission voted unanimously to deny a certificate of appropriateness for a revised plan for the development that sits at 361 W. Westminster Road and a portion of 373 E. Westminster in one of the city’s five historic districts. The developer’s attorneys filed an appeal of that ruling on Nov. 28, setting the stage for a City Council decision at its Dec. 5 meeting.
It was the latest in a long-running dispute regarding the property on land that is just east of the city’s downtown.
In April 2021, the City Council approved zoning entitlements for a third condominium to be built on the site, but later the commission denied a certificate of appropriateness, and the City Council voted not to override that decision.
The developers, Peter Witmer and Todd Altounian, then sued the city and the litigation remained active in the Lake County courts. In October, the two sides announced they had reached a settlement agreement where a key component would be the latest development would now be two buildings, with either a six- or seven-unit, two-story condominium and a one-and-a-half story single family home on Westminster, instead of a larger condominium building.
The City Council approved the settlement agreement, with the new plan being sent to review by the Plan Commission for zoning consideration and the HPC for design review.
On Nov. 9, the Plan Commission voted unanimously approving an amendment to the previously approved special use permit for the revised plan leading into the HPC vote.
The HPC was responsible for design aspects and whether the new plan fit well in the neighborhood. Specifically, it was looking at the HPC’s 17 standards of review dealing with several issues, including building height, proportion of front facade, walls of continuity, roof shapes and materials and scale of structure.
Over the course of the three-hour meeting, commissioners said the updated plan still do not match the area, offering concerns on many issues including scale and the roofs.
“I want to work with the petitioner to get it right, and it isn’t right yet,” HPC Commissioner Jan Gibson said.
Witmer said they would look at changing at roofing materials on the house, but was not going to overhaul the plan at this point.
“Other changes we would not consider,” Witmer said.
Meanwhile, the revised plan did not sit well with many of the same people who objected to the previous proposal, with one neighbor labeling it a “monstrosity.”
“Despite this location no effort has been made to make this building visually compatible with the historic buildings that surround it on Westminster,” Lake Forest Preservation Foundation President Susan Anthenson said.
Lake Forest Library Board President John Johnson testified to the HPC the library board wanted to see further review of the new plan before a vote, and expressed disappointment about a loss of potential additional parking spaces for the library and some fencing removed.
“This back is exposed now to our northern neighbor,” Johnson said. “It is not the prettiest part of the library.”
Robert O’ Donnell, one of the attorneys representing Witmer and Altounian, filed an appeal of the HPC ruling with the city on Nov. 28 that is tentatively planned to be heard at the Dec. 5 City Council meeting.
“The petitioner respectfully requests the City Council overturn the HPC’s decision because the standards applicable to the petition were met, because the HPC issues no written findings otherwise, and because doing so promotes the overall public welfare of the city,” the appeal reads.
In a separate interview, O’Donnell said the developers were “disappointed, but not surprised” about the HPC ruling.
Mayor George Pandaleon said after the HPC meeting, the commissioners reviewed the specific standards that are part of their purview.
“They felt that some of the 17 standards were not met by the new plan and they voted it down,” he said. “When it gets to the City Council, a much broader array of factors is considered.”
Pandaleon said if the City Council votes to approve the revised plan, the settlement agreement will go into effect and the revised site plan will govern the development. If the City Council affirms the HPC denial, the litigation would start up again with the prior plan of the single condominium on Westminster being considered in the courts.
Two other buildings that compose the development have already been built and are occupied.
