CITY COUNCIL, CITY OF CHICAGO COMMITTEE ON ZONING, LANDMARKS AND BUILDING STANDARDS
ALDERMAN ANTHONY BEALE
Applicant,
Application No. A-7894
11103 SOUTH MICHIGAN AVENUE PIN: 25-22-102-003-0000
Property Affected
Application for a proposed zoning change from Bl-3 Neighborhood Shopping District to Residential Single-Unit (Detached House) District.
REZONING PROTEST PETITION
In accordance with Chapter 17-13-0307-A of the Chicago Zoning OrjSfrflance, flSe
undersigned property owner protests the proposed zoning change as shown on Map No. 28-E in an
area bounded by
A line 23 feet south of and parallel to East 111th Street; the public alley next east of and parallel to South Michigan Avenue; a line 39 feet south of and parallel to East 111th Street; South Michigan Avenue,
which includes the property legally described as:
The South 4 feet of Lot 8 and the North 12 feet of Lot 9, in Block 2, in Egan's Addition to Roseland, being a subdivision of part of Lot 1 of the Assessor's Division of the West half of the Northwest quarter of Section 22, Township 37 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois,
and generally located at 11103 S. Michigan Avenue, Chicago, Illinois 60628 from Bl-3 to RS3
as recommended by Alderman Anthony A. Beale of the 9th Ward.
In support of this protest, the undersigned property owner states that, as beneficiary of title-holding land trust, he owns at least 20% of the land proposed to be rezoned, and further, submits his Protester's Supporting Memorandum of Law which is filed herewith and hereby incorporated by
1
reference.
Owner of Property
Chicago Title Land Trust Company, Trustee under trust agreement dated November 18, 2005, and known as Trust No. 8002345419.
10 S LaSalle Street Suite #2750 Chicago, IL 60603
Legal description of property:
The South 4 feet of Lot 8 and the North 12 feet of Lot 9, in Block 2, in Egan's Addition to Roseland, being a subdivision of part of Lot 1 of the Assessor's Division of the West half of the Northwest quarter of Section 22, Township 37 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois
Acknowledgment
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STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me on May 4, 2013 by Harold Elgazar, as beneficiary of Chicago Title Land Trust Company, Trustee under trust agreement dated November 18, 2005, and known as Trust No. 8002345419
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CITY COUNCIL, CITY OF CHICAGO COMMITTEE ON ZONING, LANDMARKS AND BUILDING STANDARDS
ALDERMAN ANTHONY BEALE
Applicant,
Application No. A-7894
11103 SOUTH MICHIGAN AVENUE PIN: 25-22-102-003
Property Affected
Application for a proposed zoning change from Bl-3 Neighborhood Shopping District to RS3 Residential Single-Unit (Detached House) District.
PROTESTOR'S SUPPORTING MEMORANDUM OF LAW
Protestor, HAROLD ELGAZAR, pro se, as beneficiary of Chicago Title Land Trust Company, Trustee under trust agreement dated November 18, 2005, and known as Trust No. 8002345419, respectfully submits this memorandum in support of his protest to a proposed zoning change from Bl-3 Neighborhood Shopping District to RS3 Residential Single-Unit (Detached House) District by the Applicant Alderman Anthony Beale of the 9th Ward.
I. STATEMENT OF FACTS , r?
- On May 1, 2013, the Protestor, and beneficial owner of the affected property, communicated with Alderman Beale's office regarding the above-entitled matter-and wa&Jissured that the proposed zoning change was deliberate, intentional and with full knowledge of thqj-impact on the affected property and surrounding area.
- The affected property at 11103 S. Michigan, (PIN: 25-22-102-003), is entirely surrounded by an area zoned as a "B" district. See Group Exhibit A.
- The affected property is one lot south of the southeast corner of 111th Street and
Michigan Avenue. See p.l of Group Exhibit B.
- The businesses in the immediate vicinity include a bank with a drive thru facility across the street, a Walgreens on the northwest corner of 111th and Michigan; and a currency exchange on the northeast corner of 111th and Michigan.
- North of, and immediately adjacent to, the affected property is a single story building with retail storefronts and an advertising billboard mounted on the roof of the building. See p.l, p.2 of Group Exhibit B.
- The business south of and immediately adjacent to the affected property is a restaurant. See p.3 of Group Exhibit B.
- This restaurant is part of the building structure that contains the affected property, and has its own Property Identification Number (PIN); one building structure contains two PIN numbers, one of which consists of the premises of the affected property, and the other the premises of the adjacent restaurant. See Exhibit C.
- A CTA Bus Stop is directly in front of the affected property.
- There are no dwelling units between the two nearest intersecting streets.
- The lot frontage of the affected property at 11103 S. Michigan is 16 feet with overall dimensions of 16 feet by 125 feet yielding a total lot area of 2,000 square feet.
II. ZONING ORDINANCE STANDARDS
- Section 17-2-0301-A of the Chicago Zoning Ordinance subjects all development in R districts to a minimum lot area standard of 2500 square feet with the exception as expressly allowed in Section 17-2-0301-B.
- Section 17-2-0301-B 2. expressly provides:
"A detached house may be established on any lot of record regardless of the size of the lot, provided that all other requirements of this Zoning Ordinance are met." (Emphasis in
2
original).
- Section 17-2-0303-A subjects all development in a RS3 district to the minimum lot-area-per-unit standard of 2500 square feet except as expressly allowed in Section 17-2-0303-B.
- Section 17-2-0303-B expressly provides:
"In the RS3 district the minimum lot area per dwelling unit may be reduced to 1,500 square feet when 60% or more of the zoning lots fronting on the same side of the street between the two nearest intersecting streets have been lawfully improved with buildings containing more than one dwelling unit. This exemption will only allow for the establishment of a two unit building." (Emphasis in original).
III. PROPOSED ZONING CHANGE WILL DEPRIVE THE OWNER OF THE AFFECTED PROPERTY OF COMPLETE USE AND ENJOYMENT OF THE PROPERTY AND THUS CONSTITUTE A TAKING UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE U.S. CONSTITUTION
- In the event that the proposed zoning change were to pass legislation, the affected property would be prohibited from being utilized as any one of the permitted uses allowed under the existing B zoning classification, and in a manner consistent with its neighboring properties.
- In the event that the proposed zoning change were to pass legislation, there would be no desire or market to develop the property as a single family home or two unit dwelling building given the incompatibility of the surrounding properties and their existing uses with the allowed uses under the proposed zoning.
- Even if there were a desire or market to develop the affected property as a single family home or two unit dwelling building, it would not be permitted because the affected property does not meet the zoning ordinance standards outlined above in paragraphs 10-13. (Minimum size lot requirement is 2500 square feet for a single family home and 3000 square feet for a two unit dwelling building (1500 square feet per dwelling unit)).
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- The proposed zoning change would amount to a taking under the Fifth and Fourteenth Amendments to the U.S. Constitution because such change would be unreasonable, arbitrary and capricious, and further, would deny the owner all use of the property without due process of law.
- The general rule of law is that a zoning classification must have a reasonable relationship to the public health, safety, welfare, or morals, and the regulations and division into districts must be reasonable and must have a fair tendency to accomplish some legitimate legislative purpose. Frost v. Village of Glen Ellyn, 30 111.2d 241 (1964); Regner v. County of McHenry, 9 I11.2d 577 (1956); City ofChicago v. Sachs, 1 I11.2d 342, 115 (1953).
- When a small area is zoned differently from the surrounding area, the courts may well characterize the zoning as "spot zoning" and hold it invalid. In Concerned Citizens for McHenry, Inc. v. City of McHenry, 76 Ill.App.3d 798 (2d Dist. 1979),
21. The proposed zoning change bears no substantial relation to the public health, safety, morals, comfort, or general welfare and appears to be nothing more than an act undertaken in bad faith.
Respectfully submitted,
Chicago Title Land Trust Company, Trustee under trust agreement dated November 18, 2005, and known as Trust No. 8002345419
By:
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Harold Elgazar 2305 W. Arthur Ave. Chicago, Illinois 60645 (773) 671-4612
GROUP EXHIBIT
A
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Map Output
Created on: 5/1/2013 2:10 A.M
Zoning Map
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Zoning date refteds all ordinances classed A in the most recent Cilv Council masting1, j ;-r4Copyright:'<c) 2011. City of-Ghicago^ j
Bl-3
Address
11103 S MICHIGAN AVE
Zoning [ 0'| Business |' .;■ | Commercial | 1' | Manufacturing I '.'.'I Residential | | Planned Development I' * ,| Planned Manufacturing \cfM\ Downtown Core | ~| Downtown Sen/ice | | Downtown Mixed | ■ ' ! Downtown Residential HjjSO Transportation | ,. | Parks & Open Space Zoning Boundaries
Historic Preservation
CHICAGO LANDMARKS
| Chicago Landmarks
Landmark Districts
Chicago Historic Resources Survey - Buildings subject to Demolition-Delay Ordinance
| 1 Red | | Orange
ia Water
jjjjgH Cemetery \~~\ Municipalities
Lakefront Pedestrian Streets Buildings | | Parcels Streets Curbs t^Hj Forest Preserve ■S\ City Boundary
Information provided on the City of Chicago web site should not be used as a substitute for legal, accounting, real estate, business, tax, or other
professional advice. The City of Chicago assumes no liability for any damages or loss of any kind that might arise from the use of, misuse of, or the
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use of materials or information contained on its web site. All materials that appear on the City of Chicago web site are distributed and transmitted as is,
without warranties of any kind, either express or implied, and subject to the terms and conditions stated in this disclaimer.
Page 1 of 1
Map Output
Created on: 5/1/2013 2:11 A.M
Zoning Map
[Address
11103 S MICHIGAN AVE
Zoning | \ | Business [''':£'»,| Commercial | ;.J | Manufacturing |! - I Residential
Planned Development Planned Manufacturing Downtown Core |,.U| Downtown Service | | Downtown Mixed | | Downtown Residential fiBfjfl Transportation |lr^| Parks & Open Space £J Zoning Boundaries
Historic Preservation
CHICAGO LANDMARKS | Chicago Landmarks
Landmark Districts
Chicago Historic Resources Survey - Buildings subject to Demolition-Delay Ordinance
Red
IfiSyj Orange
HI Water fH| Cemetery
Municipalities
Lakefront Pedestrian Streets Buildings Parcels Streets |j| Curbs
Forest Preserve
|# City Boundary
Information provided on the City ofChicago web site should not be used as a substitute for legal, accounting, real estate, business, tax, or other professional advice. The City of Chicago assumes no liability for any damages or loss of any kind that might arise from the use of, misuse of, or the inability to use the City web site and-or the materials contained on the web site. The City ofChicago also assumes no liability for improper or incorrect use of materials or information contained on its web site. All materials that appear on the City of Chicago web site are distributed and transmitted as is, without warranties of any kind, either express or implied, and sub ject to the terms and conditions stated in this disclaimer.
GROUP EXHIBIT
B
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11100 South Michigan Avenue - Google Maps
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11102 South Michigan Avenue - Google Maps
P. 2-
13... 5/4/2013
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11100 South Michigan Avenue - Google Maps
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BOUNDARY SURVEY
OF
THE SOUTH 4.00 FEET OF LOT 8 AND ALI. OF LOT 9. AND ALSO THE NORTH 3.00 FEET OF LOT 10, IN BLOCK 2 IN EGA1TS ADDITION TO ROSELAND, BEING A SUBDIVISION OF PART OF LOT I OF ASSESSOR'S DIVISION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
SCALE". 1"« 20'
I PIN #_
TOUR TON PLS No.
THIS IS TO CERTIFY THAT HORIZON CONSULTANTS. INC, ILLINOIS DESIGN FIRM #184004303 EXPIRES APRIL 30, 2007, BY IT'S tfANAQNG AGENT GEORGE E. STOURTON. P.LS-. PROFESSIONAL LAND SURVEYOR # 2058. WHOSE LICENSURE EXPIRES NOVEMBER 30. 2006. HEREBY CERTIFIES THAT THE PROPERTY DESCRIBED ON THIS PLAT HAS BEEN SURVEYED AND THAT THE RESULTS OF THE SURVEY ARE SHOW ON THIS PLAT. DIMENSIONS ARE IN U.S. STANDARD FEET AND DECIMALS THEREOF. SEWQSMAL BEARINGS BASED ON ASSUMED iORJH. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT UJNOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. =
PREPARED F0R:_
REFERENCES:
25-22-102-003/004 COOK COUNTY. ILL
PORDEK, ROPENBUBG «■ ASSOCIATES, P.C
DEED OF RECORD
FOUND IRON PIPES AT ALL CORNERS
COMMONLY KNOWN AS: 11103-0-3 1/2 S. MICHIGAN AVE. CHICAGO. ILL
Horizon Consultants Inc.
OHC L0CAIWH:_
LAND DEVELOPMENT CONSULTANTS CIVIL. MINING. ENV1ROMENTAL. FORENSIC AND UTILITY ENGINEERING. LAND SURVEYING REAL ESTATE AND CORPORATION AGENTS 54 N. OTTAWA ST. SUITE 6 05, JOUET ILL 00432 PHONE 8t5.722.S64t MOBILE 815.605.0297 FAX 015.722.6642
CA It) 03-03 1/2 S MICHIGAN
coyPunioK date: 12/01/05 a t CK 2S-32-T02-0O3/0O4