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Board denies proposal to replace small cabin with substantially larger structure near Flute Reid River
Summary
The Board of Adjustment denied a variance that would have allowed replacement of a small guest cabin with a substantially larger structure at 4766 Chicago Bay Road, citing failure to meet statutory variance criteria and concerns about scale, sewer capacity and river and lake shoreline impacts.
Cook County’s Board of Adjustment denied a variance request from Northern Lights Retreats LLC to replace a small guest cabin with a much larger, taller structure on a property that sits between the Flute Reid River and Lake Superior.
Staff told the board the existing cabin is about 160 feet from the Flute Reid River, while the correct setback for this segment — classified as a remote river segment after consultation with the Minnesota DNR hydrologist — is 200 feet. The proposed replacement would increase the main‑floor footprint from roughly 224 square feet to about 720 square feet and add a second floor (about 275 square feet), substantially increasing the size, height and potential occupancy of the structure within the specified setback area.
Staff’s draft findings concluded the request did not meet several required variance criteria, noting that the parcel is conforming and contains alternative locations that could accommodate a conforming structure, that the proposal represents a substantial expansion of an existing nonconformity rather than a modest replacement, and that the applicant had not demonstrated a property‑unique practical difficulty not created by the owner. Staff also flagged potential increased visibility from the river, stormwater impacts and the need for additional septic capacity.
Nearby residents spoke at the hearing. Dave Overby, an adjacent property owner, said he initially lacked full packet information but, after receiving clarifications from staff at the meeting, said he preferred the proposed location to alternatives that could place development closer to his property line. Rick Schubert — who identified experience with the Flute Reid Partnership and watershed work — raised water‑quality concerns and stated, "the Flute Reed River is now the only impaired river in Cook County," urging conditions such as a native buffer to protect the river and Lake Superior shoreline.
Board members also reviewed a procedural issue: staff had sent the meeting packet to one of the applicant’s two email addresses and the applicant likely did not receive the packet last Friday; staff confirmed that legal notice of the hearing had been posted and the applicant had received the initial acceptance notice through the permitting portal. The board debated whether to defer but focused the decision on the substantive variance criteria.
Following deliberation, a board member moved to deny the variance because the application failed to meet the practical‑difficulty test and other statutory criteria; the board adopted staff’s findings for denial and the Chair announced the variance request was denied.
