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Shorewood design review board reopens record, then closes after debating whether Capitol Drive project 'substantially depreciates' neighboring properties

2092560 · January 8, 2025
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Summary

The Shorewood Design Review Board on Dec. 19 reviewed a court-ordered remand of its 2022 approval of the design for a multi‑family redevelopment at 2418, 2420 and 2428 East Capitol Drive and, after extended attorney argument and board discussion, voted to close the reopened hearing and record that the board does not anticipate substantial depreciation of the project site or neighboring properties.

The Shorewood Design Review Board on Dec. 19 reviewed a court-ordered remand of its 2022 approval of the design for a multi‑family redevelopment at 2418, 2420 and 2428 East Capitol Drive and, after extended attorney argument and board discussion, voted to close the reopened hearing and record that the board does not anticipate substantial depreciation of the project site or neighboring properties.

The remand stems from a circuit-court decision that found the administrative record lacked an explicit finding on whether the project’s exterior design elements would cause a “substantial depreciation” in value of neighboring properties. The court sent the matter back for the design review board to “flesh out” the record on that specific question before the case returns to the Board of Appeals and the circuit court.

Joe Wirth, the village attorney handling the litigation, told the board the court’s direction was narrow and procedural: the board should review the original submission and expand the administrative record only by explaining the reasoning that supported its prior approval on the depreciation question. “The court remanded with instructions that you follow my order and expand the record to include a discussion of the element of whether the design elements of this project substantially depreciate either the property itself or the…

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