Kimball Dawson, LLC v. City of Chicago Department of Zoning

861 N.E.2d 216, 308 Ill. Dec. 151, 369 Ill. App. 3d 780, 2006 Ill. App. LEXIS 1192
CourtAppellate Court of Illinois
DecidedDecember 21, 2006
Docket1-05-3561
StatusPublished
Cited by23 cases

This text of 861 N.E.2d 216 (Kimball Dawson, LLC v. City of Chicago Department of Zoning) 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
Kimball Dawson, LLC v. City of Chicago Department of Zoning, 861 N.E.2d 216, 308 Ill. Dec. 151, 369 Ill. App. 3d 780, 2006 Ill. App. LEXIS 1192 (Ill. Ct. App. 2006).

Opinion

JUSTICE MURPHY

delivered the opinion of the court:

Plaintiff Kimball Dawson, LLC, filed a complaint in administrative review, appealing the decision of defendant City of Chicago Zoning Board of Appeals’ (Board) denying its request for a zoning variance. Plaintiff claimed that the Board was biased and its decision was against the manifest weight of the evidence. The trial court affirmed the findings of the Board. Plaintiff appeals that decision, alleging again that the Board exhibited a bias against plaintiff and that its decision was arbitrary and capricious. For the following reasons, we affirm the trial court.

I. BACKGROUND

The property in question, 2815-2829 North Dawson Avenue in Chicago, Illinois, is a triangle-shaped parcel located at the intersection of North Dawson Avenue and North Kimball Avenue. In 2001, the property in question was redesignated from a B (business) zoning designation to an R5 (residential) zoning designation. In 2002, plaintiff purchased the property for $1.5 million. Plaintiff planned to build four, three-story multiresidential buildings on the property. Two of the planned buildings were to have 12 condominium units and the second two buildings were to be of 8 and 9 units. In total, plaintiff planned for 41 condominium units with one parking space for each unit.

The record is unclear as to the exact date, but at some point in 2003, construction began on the property. The work began without building permits or variances for reductions in the front and side yard requirements for R5 zoned properties. At some date, again uncertain from the record, plaintiff applied to the City of Chicago Department of Zoning for variances for all four buildings. Generally, plaintiff requested reduction or ehmination of certain yard size and setback requirements and the ehmination of the loading berth for one building.

On August 19-21, 2003, the zoning administrator for the City of Chicago Department of Zoning denied plaintiff’s zoning variance requests. Plaintiff filed an appeal of the variance denials with the Board on August 22, 2003. On October 24, 2003, the Board held a hearing on plaintiffs appeal.

Joseph Spingola, chairman of the Zoning Board of Appeals, presided over the hearing. Spingola opened the hearing by having plaintiffs counsel introduce himself and then discussed the sign-in sheets and witness list with counsel. Spingola noted that 12 people had signed in supporting the development and asked counsel whether he expected all 12 to testify. Plaintiffs counsel responded that he would present only two witnesses, plaintiffs managing member Jeff Dietrich and Louis Martinez, a licensed architect who designed the project.

Plaintiff first presented the testimony of Dietrich. Dietrich testified that the site currently contains the partial development of two of the four proposed buildings for the development. Dietrich described the proposed development and the requested variances that were denied and on appeal. He noted that the triangular shape of the property and the presence of a subway ventilation grill presented obstacles in developing the property.

Of the proposed 41 condominium units, plaintiff included 12 handicap accessible units with wheelchair lifts and also planned to participate in the City of Chicago’s affordable housing program. Dietrich also testified to the financial aspects of the proposed development. Plaintiff purchased the property for $1.5 million and anticipated development costs of $5.5 million. The anticipated sale price for the units ranged from $190,000 to $269,000, for a return of 8% to 12%.

Martinez testified to the difficulties in developing the property due to its triangular shape and the presence of the ventilation shaft. Martinez explained that the philosophy behind the four building proposals was to create a design in character with the community. He noted that a single building on the property, with more units than he had proposed, could fit without any variance required. However, Martinez opined that such a building would be out of character for the neighborhood and that his design, with minimal variations, better fit the residential character of the area.

Finally, Martinez responded, without any elaboration, that the proposed development would not: be detrimental to the public welfare or injurious to other property; impair an adequate supply of air and light to adjacent properties; increase the danger of fire or endanger public safety; substantially increase traffic congestion in the area; diminish or impair property values in the neighborhood; or alter the essential character of the locality. At this point, plaintiff’s counsel rested.

Upon cross-examination, Martinez was asked how he had determined that there would be no effect on the value of adjoining properties. Martinez responded:

“If we do an appraisal at the present time on the present property, and assuming that the property is built, we will find that more likely by the comments of what actually happens when this land is developed and primarily it just goes up. We raise the property tax prices in the area.
Right now at the present time with this property undeveloped, whatever the values are there, that’s what they are but by developing this property, it will increase the property value in the surrounding area.”

Martinez admitted that he had not conducted any studies in support of this belief. Plaintiff did not cite to any additional authority for Martinez’s testimony.

Spingola then queried who would speak first in opposition to the requested variance. Alderman Colon responded that he would speak first, but Spingola stated that Colon should go last. Spingola continued:

“You’re the real expert. What you have to do is you have to tie all of this together for us. Both the good and the bad. Do you consider sixty-six percent a landslide victory? I always did. That means a third of the people can’t stand me. A landslide victory leaves a third of the people who bothered to vote saying we don’t want this. So there’s good and bad to everything so I saved it for last so you can fight altogether. Who’s going to talk?”

At that point, William James, a principal and urban planning consultant with Camiros, Ltd., presented testimony on behalf of the objectors.

James submitted a copy of his resume to the Board and discussed his qualifications. James’s resume indicates that he received a degree in landscape architecture and had been an urban planning consultant for over 25 years. He testified that he concentrates his work on urban planning, redevelopment and land use and zoning issues. James added that he has been the principal author of several zoning ordinances.

James also submitted a “site planning study,” which he had created as an alternative to plaintiffs proposed development. James’s study consisted of sketches of the “site plan” and “parking level plan” for his proposed building with data including 36 planned units, 41 planned parking spots, and various area square-footage calculations for the building.

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Bluebook (online)
861 N.E.2d 216, 308 Ill. Dec. 151, 369 Ill. App. 3d 780, 2006 Ill. App. LEXIS 1192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-dawson-llc-v-city-of-chicago-department-of-zoning-illappct-2006.