Cook County Board of Adjustment denies after‑the‑fact variances for two decks at Double Track Lake cabins

The Cook County Board of Adjustment on March 12 denied an after‑the‑fact variance request to allow two decks added without permits to remain at Double Track Lake Cabins, a resort property on Devil's Track/Double Track Lake.

County land‑use staff told the board the property is a substandard legal lot of record (about 1.31 acres with roughly 201 feet of shoreline) in the Resort Commercial Residential (RCR) zone and that the ordinance requires a 100‑foot shoreline setback. Staff reported the two decks sit about 55 feet and 35 feet from the shoreline and that one deck also encroaches on the side yard setback. The decks were built by the property’s contractor in 2023 without permits, the owner said.

Neva, Cook County land‑use staff, summarized permitting history, shoreline averaging calculations and technical comments from outside agencies. She said shoreline setback averaging did not support the requested relief because neighboring principal dwellings were at least about 80 feet from the shore, and she cited a Department of Natural Resources memo recommending denial because the DNR found no unique site circumstances and determined the request appeared to be driven by design preference. Neva told the board that nonconforming resort structures may be maintained or replaced in kind but have no automatic right to expansion.

Owner Thomas Kintop told the board the contractor assured him permits were not required and that he discovered the permitting issue after the contractor’s death. Kintop said the smaller deck (the Fox Den Cabin) largely followed the previous stair footprint and was intended to reduce foot traffic on bare soil; he said he would be willing to remove the Birds Nest deck and restore previous stairs but asked to retain work completed on the Fox Den if possible. "That's on me for not following up further with that," Kintop said, describing how the work was carried out and his willingness to deconstruct the Birds Nest deck.

During deliberations several board members expressed concern about the proximity of both decks to the shoreline and about local water quality: staff and Cook County Soil & Water noted a declining water‑quality trend on Devil's Track Lake and emphasized the importance of vegetated shore buffers and minimizing impervious surfaces. Board members also referenced the shoreline‑setback averaging results and the county rule that expansions of nonconforming structures require a showing of practical difficulty not created by the owner.

A motion to deny the after‑the‑fact variances passed. The board discussed, but did not attach, a formal direction asking the applicant to work with Land Services on potential alternatives (staff indicated they could consult with the owner about options such as lower platforms or locating decking to minimize encroachment).

The decision is a denial of the after‑the‑fact variance request; staff and DNR memos were cited as primary sources of technical concern following the public hearing and board review.