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Council grants variance for boathouse at 38 Island View Lane over neighbor objections

May 24, 2025 | Springfield, Sangamon County, Illinois


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Council grants variance for boathouse at 38 Island View Lane over neighbor objections
The Springfield City Council voted 10-0 on May 20 to adopt the Planning and Zoning Commissionand staff recommendation and approve requested variances for the property at 38 Island View Lane.

The action allows existing covered patio, enclosed boathouse and dock elements that exceed setback and square-foot limits in the Lake Land Use Plan to remain, subject to staff conditions limiting further expansion. The vote followed roughly 20 minutes of public comment and council discussion that focused on whether the city should reward construction completed before permits and whether permitting and lake-use oversight need reform.

Attorney Mike Horstman, representing a neighbor in opposition, told the council the petitioners built most of the structure before submitting plans or obtaining permits and that permit conditions were ignored. "The only reason why they're here asking you for a variance is so that in the event that they are found liable in our litigation, they have this to fall back on," Horstman said, adding the structure sits "28 and a half feet from the shoreline" and arguing the city should not set a precedent for similar requests.

Neighbor Kim Hodgson described buying her leased lake property under the Lake Land Use Plan rules and said the Willies and their contractors did not follow conditions placed on permits by a prior mayor and corporation counsel. "I implore you not to reward their repeated non compliance by granting this variance and instead reject this petition and let us have our day in court," Hodgson told the council.

Daniel Hamilton, an attorney for petitioners Brian and Kelly Wiley, said permits were issued, inspections performed and final approval granted on Aug. 26, 2022, and that any subsequent allegation of a "technical violation" arose years later in litigation. "The Willie's built this building in compliance with everything that city asked it to do," Hamilton said, noting CWLP later suggested a possible technical violation in depositions.

Council members expressed differing concerns. Alderman Notriano said it was "pretty disturbing" that permitting mistakes could leave homeowners exposed; Alderman Hanauer and others said the Lake Land Use Plan and permitting process should be reviewed to avoid repeated disputes. Alderman Cox, who visited the properties and reviewed documents, said she would vote to grant the variance but pledged to work with lake stakeholders to improve definitions and processes.

The city staff recommendation that the footprint not increase and that the conditional relief be limited was adopted by motion; the roll call recorded 10 yes, 0 no. The council made clear the decision does not resolve the separate litigation between the parties.

The request cited sections of the municipal code and the Lake Land Use Plan including rules limiting boathouse square footage to 600 square feet and shoreline setbacks; those authorities were discussed by staff and in public comments during the hearing. The petitioners and opponents may pursue their claims in court independent of the council's zoning action.

The council's discussion included multiple calls for a review of lake permitting, inspection and plan enforcement practices so future projects follow clear, consistently applied rules and so homeowners and neighbors do not face similar disputes.

Ending: The council's approval allows the existing structure to remain under the conditions adopted; the parties continue litigation and city staff said they will review permitting processes and the Lake Land Use Plan language for future changes.

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Scribe from Workplace AI
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