By PAULENE POPARAD

The new Porter Beach Overlay Committee took its first step Wednesday toward reaching consensus how best to manage future development there.

Six of seven committee members met at the town hall to organize, establish goals, set a tentative timeline and agree on a procedure to draft additional zoning regulations for the beach area, often described as unique.

“We need to be consistent across the board. Will we make everybody happy? No,” said chairman Micheal Genger, a Town Council member.

A similar effort in both 1993 and 2005 failed, in part because beach property owners couldn’t agree, said town planner Jim Mandon. “If we can’t figure out what people want there, we better do nothing,” he advised.

There was consensus that once a draft overlay is finished it will be provided to property owners for comment prior to the Plan Commission conducting a formal public hearing and making a recommendation to the Town Council for final action.

Resident Barbara Madzinski asked when a draft overlay ordinance would be presented to the public. Committee member Councilman Dave Babcock said he wasn’t sure but hopefully yet this year. The committee meets the third Wednesday of each month at 5:30 p.m. at the town hall.

Last year the council had the Porter Beach area surveyed so aerial and digitized maps are available to help the committee in its work. Zoning ordinances from similar lakefront communities like Dune Acres and Beverly Shores also will be reviewed.

The line between what’s private property and public rights-of-way such as unbuilt streets and alleys has been blurred at Porter Beach because in the past the town gave up portions of some public areas, or because people built structures in them without approval. Member Elka Nelson said the committee will have to distinguish between beneficial structures like stairs to the beach which are used publicly yet maintained privately and not an obstruction, and between other improvements like paving an alley that causes erosion for neighboring properties.

Hogan displayed photos she took of nine platted streets and eight alleys leading down to the beach; there were nine existing stairs, two with decks and stairs. Wabash Street was the only paved access. Assured Babcock, “We’re not here to tear the stairs down.” He said the committee’s work is not punitive and not meant to create problems, rather to head off any new ones.

Last month the Town Council asked the Overlay Committee to make a recommendation on Ericka Brandstetter’s request to connect two rental beach cottages with a deck/walkway that would span a 14 foot-wide platted but unbuilt alley to be retained for public use. Town officials couldn’t determine what zoning approvals if any were required.

Last night, Brandstetter said stairs and boardwalks serve a purpose by preventing erosion that would occur by people walking on sand dunes.

Hogan said she didn’t think the committee was in a position to make a recommendation on Brandstetter’s deck proposal without first doing more homework. Babcock noted later, “This committee does not have the ability or right to make a decision.”

From the audience Hugo Brandstetter said the committee’s membership does not represent all beach property owners. In addition to Nelson and Hogan, Jerry Sadock is a beach citizen member. Town attorney Patrick Lyp, the seventh member, was absent.

Hugo Brandstetter suggested if the town allows giving public land to adjoining private property owners, a like amount of land should be donated elsewhere in town. Also, he said beach roads and streets should be more level, right-angle turns avoided and platform sidewalks allowed to be built or ramps to hoist things uphill.

Committee members briefly discussed how detailed they want the additional beach zoning regulations to be. Mandon said in previous overlay attempts things like requiring architectural review and line-of-sight restrictions were contemplated. “Throw that out. It won’t work in Porter Beach,” said Hogan.

Hugo Brandstetter, who spoke often during the meeting, suggested the committee adopt a mission statement and address what can be done with blowing sand that accumulates and covers structures and windows. Genger invited Brandstetter to submit a list of his concerns. “We want to get to the next step. We can’t handle every issue at these meetings.”

Genger said he believes himself to be somewhat conservative and doesn’t favor over-regulation but he agrees there is a need to establish zoning protections for as unique an area as Porter Beach. Babcock said the committee will know more as it determines what won’t be touched, what will be fine-tuned and what will be changed.

Madzinski asked if existing homes will be grandfathered. Babcock said yes, “Everything will be grandfathered. This is for the future.” According to Mandon, “We can’t wipe the slate clean and start over.”

Despite its topography, the New Stockyards subdivision --- Porter Beach --- was platted on a grid system about 1893 by Illinois land speculators so Chicago-area residents could throw up a shack, enjoy the sun and take a train back home, said Babcock. Proper beach septic and road systems weren’t needed; those deficiencies survive today.

Said Babcock of Porter Beach, “We want to take this area, which is unique to the Town of Porter, and put its own laws for building and development. Buildings and setbacks shouldn’t be the same as for Porter Cove (subdivision). It’s a whole different ballgame.”

Posted 8/21/2008