00-4155 Purze v. Village of Winthrop Harbor

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“[T]he Purzes claim that the property directly east of their property, the Oaks, used cul-de-sacs that do not conform to the Subdivision Code and has a block measuring in excess of 1,300 feet in violation of the Subdivision Code. The Purzes, however, cannot establish their prima facie case by referring to a development with variances from the Subdivision Code of a kind not requested by the Purzes and with variances that were requested under circumstances very different from the Purzes’ present situation. The Purzes never requested variances for cul-de-sacs, as did the Oaks.

Additionally, the Oaks was developed over 20 years ago and the topography of the Oaks differs greatly from the topography of the Purzes’ property. The Oaks needed to fashion its plat around two ravines. The Purzes are not contending with similar circumstances.

“[T]he Purzes’ comparisons with another subdivision, the Covenant Cove Subdivision, also does not establish that other similarly-situated individuals were treated more favorably. Although the Covenant Cove Subdivision contains lots with double frontages, the Purzes never actually requested a variance for double frontages from the Board. Hammer suggested that he was going to make such a request, but no request was ever submitted. Additionally, the Purses’ preliminary plat, which contained the double frontages, also failed to comply with the Subdivision Code in several other respects, for example, several lots were too small and the easements for maintenance vehicles were too small.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Kanne, J.