Judge orders Dist. 155 to get Crystal Lake OK for bleachers
A judge Friday stopped short of demanding that bleachers built illegally at Crystal Lake South High School be torn down.
Instead, McHenry County Judge Michael Chmiel ordered Community Unit School District 155 officials to go through Crystal Lake's zoning process for the $1.2 million bleacher expansion at the high school that was completed last year.
"There was a municipal ordinance that was violated. There was a substantial affect on property owners," Chmiel said.
Property owners near the bleachers, including McHenry County State's Attorney Lou Bianchi, sued the district last year, saying the 51-foot tall bleachers hurt property values, were built too close to homes on the 1100 block of Amberwood Drive, and damaged their quality of life.
The school district maintained the project, in which larger "home" bleachers were built where the visitors bleachers once stood, was under the authority of the McHenry County Regional Superintendent of Schools and not the city.
Chmiel and an appellate court disagreed.
Robert Swain, an attorney for the school district, said the school board would meet Sept. 16 to decide its next move.
Football games can still be played at the school and officials are trying to keep spectators off the top few rows of stands.
Bianchi, who sued as a private resident, said the lawsuit was "unnecessary" if District 155 just followed the law.
Tom Burney, an attorney for Bianchi and other residents, said if Crystal Lake requires the bleachers to be brought up to city code, "that would mean dismantling huge sections of it.
"There was no case that ever supported the concept that school districts were exempt from city zoning," Burney said. "We hope this is the end of it."
If the district goes through Crystal Lake's zoning process, it would mean a trip to the city's plan commission, which makes recommendations to the city council, which has the final say.
Crystal Lake's codes set 15 feet at the maximum height for a bleacher accessory structure, which is what the old "visitors" stands were zoned as.
"There is not a remedy we've taken off the table," said Crystal Lake City Attorney Justin Hansen. "Our priority is just 'Bring the bleacher units into compliance, work with us. '"
Resident Kim Maselbas said she hopes the district will return to the former configuration, with the shorter, visitors' bleachers near her home and the home stands on the opposite side.
"New (bleachers) directly affect us with children hanging off the bleachers and people peering into my daughter's bedroom," Maselbas said. "They've just made it impossible to comfortably live in the home anymore."
The two sides are next due in court Oct. 16 to update Chmiel on any progress.