The Daily Northwestern

After chopping 20 floors off their planned 36-story building last month, Optima, Inc., faces another challenge — Doraine Anderson.

Anderson, an Evanston resident, appeared before the Zoning Board of Appeals Tuesday, arguing that Optima’s proposed condominium and retail tower at 800 Elgin Road is larger than zoning regulations allow.

“They are entitled to build something,” said Richard Stillerman, Anderson’s lawyer. “But it has to be at a scale that’s fitting for that area.”

Zoning administrator Arthur Alterson originally considered all of the property at 800 Elgin as a single lot and used this to determine the maximum size of Optima’s building. But Anderson’s appeal contends that because the property is owned by two different companies — Optima and Prentiss Properties Trust — only the portion Optima owns should be considered.

If calculations were made based only on the property Optima owns, Stillerman said, the building could have a maximum of 107 units, instead of the proposed 248.

Stillerman said Anderson will be “injured by a 16-story building of great bulk going up in that site.” He said the building will cause the neighborhood to lose aesthetic value and cause an increase in traffic. Because of this, Stillerman said his client is worried her property value will decrease.

David Hovey, an architect for Optima, also presented his company’s case to the board Tuesday. A second meeting was scheduled for April 15 to resolve the issue.

Hovey said Optima is confident the building will go forward as planned.

“You have the zoning administrator and me, an architect for 25 years, saying this building is being built according to zoning law,” he said. “(Anderson) is entitled to her opinion, but I believe her appeal will be denied.”

Hovey said the zoning law allows two companies to share ownership of a lot, but the lot must be controlled by a single entity.

“Both Optima and Prentiss have agreed to a one-inch thick operating agreement,” Hovey said, which justifies using the entire property in calculations.

Hovey said he believes the Optima building will contribute to increasing property values. He has seen a study showing that apartment buildings attract less traffic than office buildings.

If Optima hadn’t bought the land, an office building would have probably gone in the space, he said.

“Whether (Anderson) likes the appearance of the building or not is very subjective,” he said. “She has no particular expertise in aesthetics.”

Optima has already sold a “significant number of residences,” Hovey said.

If Anderson’s appeal is denied, Optima will break ground within 30 days.