Heller v. City of Chicago

387 N.E.2d 745, 69 Ill. App. 3d 815
CourtAppellate Court of Illinois
DecidedApril 18, 1979
Docket77-1448
StatusPublished
Cited by8 cases

This text of 387 N.E.2d 745 (Heller v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heller v. City of Chicago, 387 N.E.2d 745, 69 Ill. App. 3d 815 (Ill. Ct. App. 1979).

Opinion

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

This is an appeal by the plaintiff, John Heller, from a judgment of the circuit court upholding the R-l zoning classification (single-family residence use) of property located at 1819-23 West 104th Street in the City of Chicago (the City). The plaintiff, who purchased a portion of this property in 1966 and the balance in 1968, seeks to have the property rezoned R-4 (multifamily residence use), so that he may construct a 32-apartment building. This proposed “U” shaped, three-story, walk-up building, along with a parking lot, would be built upon the plaintiff’s two lots. These lots are located toward the center of the block on the south side of West 104th Street in a block bordered on the north by 104th Street, by 105th Street on the south, by South Wood Street on the east, and on the west by Hale Street — a narrow, one-way northbound street which adjoins the Rock Island Railroad tracks. The plaintiff’s property, which has a frontage of 100 feet and a depth of 295 feet, is improved with a brick structure, which was converted into two apartments during the World War II housing shortage, and a single-family frame residence.

The scheme of zoning in the block in which the plaintiff’s property is located as well as in the block immediately to the south running from West 105th Street to West 107th Street is as follows: Approximately the west 175 feet of each block fronting on the east side of Hale Street are zoned R-4. The balance of each block is zoned for single-family residence use except that the south 82 feet of the portion of the block running from 105th Street to 107th Street directly south of the R-4 zoning are zoned for business use. The R-4 zone commences at the west line of the plaintiff’s property.

Except for two 12-apartment buildings west of the plaintiff’s lots, a four-flat building at the southwest comer of 104th Street and Wood, the plaintiff’s two-apartment structure and several two-flat dwellings along Hale Street, the block between 104th Street and 105th Street consists of single-family dwellings. A single-family home which adjoins the plaintiff’s property on the east, and the rear portions of the lots of three single-family homes border the east lot line of the plaintiff’s property. The remainder of the block (i.e., that portion which lies immediately south of the plaintiff’s land) is improved with single-family structures. The blocks surrounding the subject property also reflect a mixture of multi- and single-family dwellings, with a heavy concentration of multifamily units along Hale Street across from the Rock Island Railroad tracks. This is contrasted with the property located in adjoining blocks bounded by Wood Street on the east, which are almost exclusively zoned for and improved with single-family dwellings.

Although the block to the north of the plaintiff’s property is zoned R-4, it currently has several single-family residence uses, and at the north end of that block fronting on West 103rd Street the zoning is B2-2, a classification permitting business uses. There are three single-family residences on the north side of West 104th Street diagonally across 104th Street from, and slightly to the west of, the plaintiff’s property.

The plaintiff contends that the present zoning classification, which dates from 1923, is unreasonable, arbitrary and invalid, and that he should not be precluded from using his property in a more desirable and efficient manner.

The plaintiff’s experts testified that his property would approximately double in value if zoned for R-4 use; that the use the plaintiff proposed for his property was its highest and best use; that because of the depth of the plaintiff’s property, single-family use constituted an underutilization of the property; and that development of the 32-apartment building the plaintiff proposed would not adversely affect the single-family home which adjoins the plaintiff’s property on the east. The plaintiff’s city planner and zoning consultant testified on cross-examination that there had been little construction activity in the area for the previous 6 years, and that there had been no trend towards either single-family or multiple-family use for at least 10 years. He ascribed the lack of activity to the well-established character of the neighborhood and to the lack of vacant land. His opinion was that if there was a trend of development in the area it would be for apartment use. He stated that it is desirable to encourage multiple-family development within a few blocks of a railroad station and noted that the Rock Island commuter station at 103rd and Hale Streets was within walking distance of the plaintiff’s property, as was a commercial shopping district at the same intersection. He also emphasized the need for multiple-family dwellings in suitable locations in the city.

The plaintiff testified that the rental he received from his property was *70 per month in excess of his monthly mortgage payments. He also stated that as a real estate broker doing business in the area he found there was a need for multiple-family dwellings, particularly for those elderly people who were no longer able to maintain their large, older, single-family homes in the area, but still desired to remain in the area, living in apartments.

The City’s experts testified that there has been no significant construction of multiple-family dwellings or zoning changes in the area during the previous 10 years; three single-family residences had been constructed during that time on the plaintiff’s block; the highest and best use of the plaintiff’s property was for single-family homes in the area; the R-4 zoning along Hale Street between 103rd and 107th Streets served as a buffer between the Rock Island tracks and the area zoned R-l; the apartment building proposed for the plaintiff’s property would have a deleterious effect on the home adjoining his property on the east, as well as on a single-family residence fronting on Wood Street; the single-family homes to the east and south of the plaintiff’s property add to its desirability for single-family use; because of the depth of his property, the defendant could develop his property into four single-family building lots with ingress through a cul-de-sac arrangement; and that if it were developed into four single-family residence lots, the property would have a value of *70,000, compared to its present value of *50,000.

The alderman of Chicago’s 19th ward objected to a change in zoning, stating that the proposed use would increase traffic and pose a threat to children. The executive director of a community organization voiced objections based on traffic congestion and parking shortages in the area; he felt that a zoning change might set a precedent for other zoning changes permitting apartments to be built where single-family zoning currently exists. And both the owner of the single-family dwelling directly to the east of the plaintiff’s property, as well as the owner of a home approximately three doors from his property also objected. The former believed that her sun and air would be blocked by the proposed development, while the latter feared an adverse effect on parking and traffic.

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Bluebook (online)
387 N.E.2d 745, 69 Ill. App. 3d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-city-of-chicago-illappct-1979.