am i - City of Chicago

ZONING BOARD OF APPEALS, CITY OF CHICAGO, CITY HALL, ROOM 905

APPLICANT: Adrian Ledesma CAL NO.: 354-20-Z

APPEARANCE FOR: Same as Applicant MINUTES OF MEETING: November 20, 2020

APPEARANCE AGAINST: None

PREMISES AFFECTED: 28 1 2 S. Trumbull Avenue

NATURE OF REQUEST: Application for a variation to reduce the front setback from the minimum 8 .27' to 1 .5' for a proposed staircase and second floor deck entrance and removal of light pole for an existing two-story, two dwelling unit building.

ACTION OF BOARDVARIATION GRANTED

THE VOTE

DEC 21 2020 CITY Or CHICAGO

ZONING BOARD OF APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMATIVE NEGATIVE ABSENT -

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17-13-01 07B and by publication in the Chicago Sun-Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to reduce the front setback to 1.5' for a proposed staircase and second floor deck entrance and removal of light pole for an existing two-story, two dwelling unit building; the Board finds 1) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s):

That all applicable ordinances of the City of Chicago shall be complied with before a permit is issued.

I, Janine Klich-Jensen, Project Coordinator for the ZONLG so_n_ OF J\PPEALS, certify that I caused this to be placed in the USPS mail at 121 North LaSalle Street, Chicago, IL on Z-: / , 2020. , I

· Page 1 of 52 ·

am

i

�

�

CHAIRMAN

WNING BOARD OF APPEALS, CITY OF CIDCAGO, CITY HALL, ROOM 905

APPLICANT: The Chicago Trust Company Trustee B3Bec 4638 dated 4/5/1 8 . CAL NO.: 3 55-20-Z



PREMISES AFFECTED : 8 1 68 S . Kenneth Avenue

NATURE OF REQUEST: Application for a variation to reduce the combined side setback from the required 1 2.9' to 9 . 1 ' (north to be 4.8', south to be 4.3') for a proposed carport to serve an existing two-story single family residence.


THE VOTE


ZON I NG BOARD OF APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMA'I1VE NEGATlVIl. AD SENT X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20,2020 after due notice thereof as provided under Section 17-13-0107B and by publication in the Chicago Sun- Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the combined side setback to 9.1' (north to be 4.8', south to be 4.3') for a proposed

carport to serve an existing two-story single family residence ; the Board finds 1) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property ; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONING BnD OF APPEALS, certify that I caused this to be placed in the USPS mail at 121 North LaSalle Street, Chicago, IL on / k Z./ ,20 '24Cl . •

Page 2 of 52 APPROVED AS TO SUBSTANCE

�RMAN

ZONING BOARD OF APPEALS, CITY OF CIDCAGO, CITY HALL, ROOM 905

APPLICANT: Hair by Tuti Cal. No. 356-20-S



PREMISES AFFECTED : 7644 W. Belmont A venue

NATURE OF REQUEST : Applicat ion for a special use to establish a hair and nail salon.

ACTION OF BOARDAPPLICATION APPROVED

DEC 21 2020 CITY OF- CHICAGO

ZONING BOARD O F APPEALS

THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIR tATIVI�

X X X X X

Nl!(ii\.1WIVF: AHSIONT

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17-13-0 107B and by publication in the Chicago SunTimes on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair and nail salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s):


I, Janine Klich-Jensen, Project Coordinator for the ZONING �ARD OF APP�� certify that I caused this to be placed in the USPS mail at 121 North LaSalle Street, Chicago, IL on /Z: '2-/ , 2�-- · I

Page 3 of 52 ·


APPLICANT: . .. AdamRios dba A l Cutz, LLC Cal. No. 357-20-S



PREMISES AFFECTED : 4035 W. North Avenue

NATURE OF REQUEST : Application for a special use to establish a barber shop.




THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFI'IRMATIVE NEGATIVE ABSENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17- 13-0 107B and by publication in the Chicago SunTimes on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a barber shop; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the \L')e complies with all of the criteria as set forth by the code for the granting of a special use at the subject site ; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surroun ding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation ; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s) :


I, Janine Klich-Jensen, Project Coordinator for the ZONING B�RD OF APPEALS, certify that I caused this to be placed in the USPS mail a t121 North La Salle Street, Chicago, IL on /� 7--/ , 20M. I

· ·

Page 4 of 52 APP�TAHC£

CHAlTfMAN


APPLICANT: Lucky Hair B raiding Cal. No. 3 58-20-S


APPEARANCE AGAINST: N one

PREMISES AFFECTED : 1 905 W. 87th Street

NATURE OF REQUEST: Application for a special use to establish a hair braiding salon.


DEC 21 2020 CITY Of CHICAGO


THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMATIVE

X

X

X

X

X

NEGATIVE ABSENT

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17-13-0 107B and by publication in the Chicago SunTimes on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of f act and having fully heard the testimony and argwnents of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair braiding salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board f inds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONING 'ARD OF APPEALS, certify that I caused this to be p laced in the USPS mail at 121 North LaSa lle Street, Chicago, IL on /Z,�3--J , 20�.

· ·

Page 5 o(52 ·

APP�TAIICE

CHAiifMAN


APPLICANT: .. The. Hair Loft II, LLC Cal. No. 359-20-S



PREMISES AFFECTED : 22 1 5 W. 95th Street

NATURE OF REQUEST : Application for a special use to establish a hair salon.


-. .. . . ·� ........ -. '/



THE RESOLUTION:

THE VOTE

TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

FFIR 1AnVF. Nr:.GATIVE

X

X

X

X

X

ARSF.NT

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17-13-0 107B and by publication in the Chicago SunTimes on November 5,2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of f act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighbothood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board f inds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONTZ BCZ2:. OF APPEA�� certify that I caused this to be placed in the USPS mail at 121 North LaSalle Street, Chicago, IL on �/ , 20�.

. . Page 6 of 52

. APPROVED TO SUB TANC£

N


APPLICANT: The Parlour Ladies, LLC Cal. No. 360-20-S



PREMISES AFFECTED : 7224 N . Harlem A venue

NATURE OF REQUEST: Application for a special use to establish ·a hair and nail salon.




THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMAnVF.

X X X X X

NF.:C!AnVF. ABSENT

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 afterduenotice thereof as provided under Section 17- 13-0 107B and by publication in the Chicago SunTimes on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of f act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair and nail salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort ; it is therefore



I, Janine K.lich-Jensen, Project Coordinator for the ZONI

LNG B�RD OF APPEALS, certify thatl caused this to be placed in the

USPS mail at 121 North LaSalle Street, Chicago, IL on -2f'k/ ,202b. · Page7of52

· ·

��ANCE

CH RMAN


APPLICANT: Crown l;Ioldings Group, LLC 1411 E. 67th, LLC CAL NO. : 361-20-Z

APPEARANCE FOR: Rolando Acosta MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED: 1411 E. 67th Place

NATURE OF REQUEST: Application for a variation to reduce the rear yard open space from the required 327 square feet to zero for the proposed conversion of an existing three-story, six dwelling unit building to a seven dwelling unit building with six new on-site parking spaces.


THE VOTE �,r·,,-·_.· .. . � · .. - ,.

DEC 21 202a CITY O r CHICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFI'IRMATIV� NE!'ATIVE AUSENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17-13-0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear yard open space to zero for the proposed conversion of an existing three-stmy, six dwelling unit building to a seven dwelling unit building with six new on -site parking spaces; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of th is Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONING )OARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 121 North LaSalle Street, Chicago, IL on /J-,Z( ,20 :;Z;.

Page 8 of 52


APPLICANT: ... , . 19DO.W.. 17�� LLC CAL NO. : 362-20-Z



PREMISES AFFECTED : 1 900 W. 1 7th Street

NATURE OF REQUEST: Application for a variation to reduce the rear setback on floors containing dwelling units from 30' to 1 6 .25' for a proposed third floor addition and the conversion of an existing two-story, 8 dwelling unit building to a three-story, eleven dwelling unit building.


�-- .. - '

DEC 21 2020 CITY Of CHICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AFFIRMATIVE NEGATIVE AOSENT

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7 - 13-0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of f act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback on floors containing dwelling units to 1 6.25' for a proposed third floor addition and the conversion of an existing two-story, 8 dwelling unit building to a three-story, eleven dwelling unit building; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s) :


I, Janine Klich-Jensen, Project Coordinator for the ZONING B�D OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on / h:rZ. ( ,2CJZ(::).

Page 9 of 52 APPRO��

CHAIRMAN


APPLICANT: .. , .. Lincoln and Foster, LLC CAL NO.: 363-20-Z



PREMISES AFFECTED : 2465-79 W. Foster Avenue I 5 1 5 1 -59 N. Lincoln Avenue

NATURE OF REQUEST: Application for a variation to reduce the rear setback froin the required 30' to 3 .67' for a proposed five-story, forty-two dwelling unit building with retail use, two business live/work units and twenty parking spaces on the ground floor.


.<� . . •

DEC 21 2020 CITY OF CHICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AffiRMATIVE NUl�llVE ABSENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13-0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback to 3 .67' for a proposed five-story, forty-two dwelling unit building with retail use, two business live/wmk units and twenty parking spaces on the ·gr ound floor; an additional variation was granlt:u Lu Lhe subject property in Cal. No. 364-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request b e and it hereby is granted subject to the following condition(s) :


I, Janine Klich-Jensen, Project Coordinator for the ZONING �D OF APPEALS, cert ify that I caused this to be placed in the USPS mail atl2 1 North La Salle Street, Chicago, IL on /�/ ,20"'l.L_.

Page 10 of52


APPLICANT: . Lincoln and Foster, LLC CAL NO. : 364-20-Z



PREMISES AFFECTED : 2465-79 W. Foster Avenue /5151-59 N. Lincoln Avenue

NATURE OF REQUEST: Application for a variation ·to eliminate the one required 10' x 25 ' loading berth for a proposed five-story, forty two dwelling unit mixed used building with retail use, two business live work units and twenty ground floor parking spaces .




TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13-0107B and by publication in the Chicago Sun-Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed f inding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to e liminate the one required 1 0' x 25 ' loading berth for a proposed five-story, forty two dwelling unit mixed used building with retail use, two business live work units and twenty ground floor parking spaces floor; an additional variation was granted to the subject property in Cal . No. 363 -20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONlNG 'ARD OF APPE� certify that I caused this to be placed in the USPS mail at � 2 1 North LaSalle Street, Chicago, IL on /kr� . ,20 .

_

Page 1 1 of52


APPLICANT: Omar Perez CAL NO.: 365-20-Z



PREMISES AFFECTED : 5656 S . California Avenue

NATURE OF REQUEST: Application for a variation to reduce the north side setback from the required 4' to 1 .3' (south to be 2 . 1 ') combined side yard setback from 7.32' to 3 .4' for a proposed second floor addition, rear two-story addition, rear one story addition, new rear covered deck and new detached two car garage for the existing twostory single family residence.



TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

Afi'IR MA 11V o NEGATIVE ABSENT

X X X X X

WHEREAS, a pub lie hearing was held on this application by the Zoning Board of Appeals at Its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13 -0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the north side setback to 1 . 3 ' (south to be 2 . 1 1 combined side yard setback to 3 . 4' for a proposed second floor addition, rear two-story addition, rear one story addition, new rear covered deck and new detached two car garage for the existing two- story single family residence; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if pennitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZON/¥�D OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on 2::/ ,2�.

- -Pa ge 12 of52

.

ltl.it .


APPLICANT:

APPEARANCE FOR:

APPEARANCE AGAINST:

PREMISES AFFECTED :

Merko.s.Linyonei Chinuch Lubavitch NFP Cal. No. 366-20-S

Bany Ash MINUTES OF MEETING: November 20, 2020

None

2825 W. Howard Street

NATURE OF REQUEST: Application for a special use to establish a proposed two-story, religious assembly facility with twelve on-site parking spaces . ACTION OF BOARD-APPLICATION APPROVED



THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMATIVE NECATIVE \BSIONT ' '

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7 -1 3-0 1 07B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitte d to establish a proposed two-stoxy, religious a ssembly facility with twelve on-site parking spaces; a variation was a lso granted to the subject property in Cal. No. 367-20-Z and a related special use was granted to the property at 7555 N. California Avenue/2749 W. Howard Street in Cal. No. 3 68-20-S; expert testimony was offered tha t the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with a ll of the criteria as set forth by th e code for the granting of a specia l use at the subject site; the Board finds the use complies with a ll applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the characterofthe surrounding area in terms of site planning and building scale and project design; is compatible with the characterofthe surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, no ise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said specia l use subject to the following condition(s): provided: ( 1 ) the special use is issued solely to the applicant, Merkos Linyonei Chinuch Lubavitch NFP, (2) the applicant continues to lease eleven additiona l off-site parking spaces to meet their overall parking requirements, and (3) the development is consistent with the design and layout of the plans and drawings dated February 1 2 , 2020, the Site Plan and Seating Plan dated May 26, 2020, the Remote Parking Diagram dated June I 0, 2020, and the Proposed Site Plan dated No vember 19,2020, all prepared by Morgante Wilson Architects, Ltd.

That a ll applicable ordinances of th e City of Chicago shall be complied with before a permit is issued.

I, Janine Klich-Jensen, Project Coordinator for the zo�I:ZJARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on

U ,2�.

Page.13 of52


APPLICANT:

APPEARANCE FOR:

APPEARANCE AGAINST:

PREMISES AFFECTED:

,�kos.�.onei Chinuch Lubavitch NFP CAL NO.: 3 67-20-Z

Barry Ash MINUTES OF MEETING: November 20, 2020

None

2825 W. Howard Street

NATURE OF REQUEST: Application for a variation to reduce the front setback from the required 7."081 to zero, east side setback from 41 to 2.51 for a proposed two-story religious assembly facility with twelve on-site parking spaces. ACTION OF BOARDVARIATION GRANTED

THE VOTE

DEC 21 2020 C ITY Or CHICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMATIVe NEGATIVE ABSENT

X X X X

X WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at tts regular meetmg held on

November 20, 2020 after due notice thereof as provided under Section 17-13-01 07B and by publication in the Chicago Sun-Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the front setback to zero, east side setback to 2.5' for a proposed two-story religious assembly facility with twelve on-site parking spaces; a special use was also approved for the subject property in Cal. No. 366-20-S and a related special use was granted to the property at 7555 N. California Avenue/2749 W. Howard Street in Cal. No. 368-20-S; the Board finds I) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s): provided: (1) the special use is issued solely to the applicant, Merkos Linyonei Chinuch Lubavitch NFP, (2) the applicant continues to lease eleven additional off-site parking spaces to meet their overall parking requirements, and (3) the development is consistent with the design and layout of the plans and drawings dated February 12, 2020, the Site Plan and Seating Plan dated May 26,2020, the Remote Parking Diagram dated June 10,2020, and the Proposed Site Plan dated November 19,2020, all prepared by Morgante Wilson Architects, Ltd.


I, Janine Klich-Jensen, Project Coordinator for the ZONING �ARD OF APPEALS, certifY that l caused this to be placed in the USPS mail at 121 North LaSalle Street, Chicago, IL on /Z1 2-- / , 2� I

Page 14 of 52

CHAIRMAN


APPLICANT:

APPEARANCE FOR:

APPEARANCE AGAINST:

PREMISES AFFECTED :

Merkos Linyonei Chinuch Lubavitch NFP Cal. No. 368-20-S

Barry Ash MINUTES OF MEETING: November 20, 2020

None

7555 N. California Avenue I 2749 W. Howard Street

NATURE OF REQUEST : Application for a special use to establish a required accessory off-site parking lot with eleven parking spaces to serve the proposed religious assembly located at 2825 W. Howard Street which is located within 600 feet from the nearest off-site parking space. ACTION OF BOARD-APPLICATION APPROVED

DEC 2 1 2020

,, ...... r.-., ' •.' .o,

CITY Or CH ICAGO ZONING BOARD OF APPEALS

THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AF J'IRM/\TIVE NEG/\1WE ABSENT .. ' '

X X X X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-1 3 -0 1 078 and b y publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, ha vingreviewed the proposed finding off act and having fully heard the testimony and arguments of the parties and being fully a dvised in the premises, hereby finds the following; the applicant sha ll be permitted to establish a required accessory off-site parking lot with eleven parking spaces to serve the proposed religious assembly located at 2825 W. Howard Street which is located within 600 feet from the nearest off-site parking space; a related special use and variation were approved/granted to the subject property at 2825 W. Howard Street in CaL No. 366-20-S and in CaL No. 367-20-Z; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth b y the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience a nd will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site pla nning and building sca le and project design; is compatible with the character of the surrounding are a in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administ rator is authorized to permit sa id special use subject to the following condition(s): provided the special use is issued solely to the applicant, Merkos Linyonei Chinuch Lubavitch NFP, and the development is consistent with the design and layout of the rem ote parking diagram dated June I 0, 2020, prepared by Morgante Wilson Architects, Ltd.

That a ll applicable ordinances of the City of Chicago shall be complied with before a permit is issued.

I, Janine Klich-Jensen, Project Coordinator for the ZONING BOAR D OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on / 2fZ; , 20Zf:)

Page 15 of 52


APPLICANT: .The .Herbal. Care Center, Inc. Cal. No. 369-20-S

APPEARANCE FOR: Sara Barnes MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 222-24 S. Halsted Street

NATURE' OF REQUEST : Application for a special use to establish an adult use cannabis dispensary.

ACTION OF BOARD-APPLICATION APPROVED - DEPARTMENT OF LAW

DEC 2 1 2020 CITY OF- CHICAGO

ZON ING BOARD OF APPEALS

THE VOTE

TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAMTOIA

Page 16 of52

AFFIRMATIVE NEGATIVE ABSENT ' '

X X X X

RECUSED


APPLICANT: .RUU.M • .Inc. Cal. No . 370-20-S

APPEARANCE FOR: E. Daniel B ox MINUTES OF MEETING: N overnber 20, 2020


PREMISES AFFECTED : 143 1 S. Ashland A venue

NATURE OF REQUEST: Application for a special use .to establish a hair and nail salon.


THE VOTE

AFFI�M/\11VE NI"G/\1lVE 1\R�ENT " . .

DEC 2 1 2020 CITY Or CHICAGO


THE RESOLUTION:

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17-13-0 107B and by publication in the Chicago SunTimes on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair and nail salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and p roject design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore



I , Janine Klich-Jensen, Project Coordinatorfor the ZON I N�� OF APP ALS, certify that I caused this to be placed in the USPS mail at l 2 1 North LaSalle Street, Chicago, IL on 1 J. 2---/ , 2J/ti2_ .

·

Page 17 of52 ·

ZONING BOARD OF APPEALS, CITY OF ClllCAGO, CITY HALL, ROOM 905

APPLICANT: . . ,RUUM, lnc. Cal. No. 3 7 1 -20-S

APPEARANCE FOR: E. Daniel B ox MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 1 809 W. Chicago Avenue

NATURE OF REQUEST: Application for a special .use to establish a hair and nail salon and a body art service (microblading).



ZmiiNG BOARD OF APPEALS

THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 17- 13-0 107B and by publication in the Chicago SunTimes on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and arguments ofthe parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair and nail salon and a body art service (microblading).; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zon ing Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation ; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zon ing Administrator is authorized to permit said special use subject to the following condition(s):

That all applicable ordin ances of the City of Chicago shall be complied with before a permit is issued.

I, Janme Klkh-kn"n, Proj eot Coonima to• fonhe ZONIN�� OF APP • ALS, certifY that I ca u"d this to be placed m the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on /2 "k:( , 20�.

· ·

Page 1 8 of5i ·


APPLICANT: Eli and Chana Webster CAL NO.: 372-20-Z



PREMISES AFFECTED: 3555 W. Granville Avenue

NATURE OF REQUEST: Application for a variation to increase the floor area ratio from .67 to .75 for a proposed two-story, single family residence with an attached two car garage.

ACTION OF BOARDContinued to February 19, 2021


ZONING BOARD O F APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 19 of52

THE VOTE

AI'!'IRMATIVE NEGATIVE ABSENT . ,

X X X X X

APPROVED AS TO SUBITANDI

�--

ZONING BOARD. OF. APPEALS, CITY OF CIDCAGO, CITY HALL, ROOM 90

APPLICANT: Eli and Chana Webster CAL NO.: 373-20-Z



PREMISES AFFECTED : 3555 W. Granville A venue

NATURE OF REQUEST: Application for a variation to reduce the required front setback from the required 20.3 1 ' to 1 0.33', rear setback from 34.83' to 22.83' for a proposed two-story single family residence with an attached two-car garage.

ACTION OF BOARDContinued to February 19, 2021


ZmJING BOARD OF APPEALS

· '

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAMTOIA

Page 20 of 52

THE VOTE

AFI'IRMA11VF NEGATNE ABSENT

X X X X X

APPROVED AS TO SUBSTANQE

�Milf


APPLICANT: 1 923"N orthDamen Condominium Association CAL NO.: 374-20-Z



PREMISES AFFECTED : 1 923 N. Damen A venue

NATURE OF REQUEST: Application for a variation to reduce the rear setback from the required 30' to 1 .5 1 ' for a proposed detached two car garage with roof deck accessed by a new connection from landing of existing rear open stair, new garage, roof top pergola and new full covered roof over garage roof deck accessory to the existing four-story, three dwelling unit building. ACTION OF BOARD-VARIATION GRANTED

?':-;;-;_· · : , THE VOTE



Al'riRMA llVE NEGATIVE ABSENT

TIMOTHY R. KNUDSEN X ZURICH ESPOSITO X BRIAN H. SANCHEZ X JOLENE SAUL X SAM TOIA L...____:_X;:____. ___ .J..__ _ ___J

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13 -0107B and by publication in the Chicago Sun-Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback to 1 .5 1 ' for a proposed detached two car garage with roof deck accessed by a new connection from landing of existing rear open stair, new garage, rooftop pergola and new full covered roof over garage roof deck accessory to the existing four-story, three dwelling unit building; an additional variation was granted to the subject property in Cal. No. 3 75-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZO�� OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on / , 2cf2t2. . CE . . r_ �,_ . a•ppROV£0 AS TO SUBSTAII

P•ge 21 of 52

• � - CftAtR ;:::_


APPLICANT: 1 923 North Damen Condominium Association CAL NO. : 375-20-Z

APPEARANCE FOR: Sara B arnes MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED: 1 923 N. Damen A venue

NATURE OF REQUEST: Application for a variation to reduce the required off-street parking from three space

to two spaces to replace the existing three open parking spaces with a new detached two car garage with roof deck accessory to the existing four-story, three dwelling unit building.


THE VOTE



TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AITIRMAllVE NEGATIVE ADSENT . . '

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-13-0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the required off-street parking to two spaces to replace the existing three open parking spaces with a new detached two car garage with roof deck accessory to the existing four-story, three dwelling unit building; an additional variation was granted to the subject property in Cal. No. 3 74-20-Z; the Board fmds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations ofthe zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s):


I, Janine Klich-Jensen, Project Coordinator for the ZONIN� OF APPEALS, certify that I caused this to be placed in the USPS mail at l 2 l North La Salle Street, Chicago , IL on / / , 202-L_. I

Pogc 22 of 52 .

APPRO�Cf.

CHAIRMA;r-.


APPLICANT: MSAS Properties II , LLC CAL NO. : 376-20-Z

APPEARANCE FOR: E. Daniel Box MINUTES OF MEETING: November 20, 2020


PRE.MISES AFFECTED : 2046 W. B elmont Avenue

NATURE OF REQUEST: Application for a variation to reduce the required parking from one space to zero for a proposed day care on the first floor of the existing four-story multi-use building,


DEC 2 1 2020 C ITY OF- CHICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

THE VOTE

AFFIRMATIVE NFGAllVE ABSilNT

X X X X

SAM TOIA ._____:.X;:____,'--__ ..._ _ __J

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13-01078 and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the required parking to zero for a proposed day care on the first floor of the existing four-story multi-use building; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicab le to other similarly situated property; and 5) the variation, if granted will not alter the essential character ofthe neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONIN�D OF APPE..bJ.S, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on / -;;t..-/ , 2 �0. �- . --

Page 23 of 52


APPLICANT: Cal. No. 377-20-S

APPEARANCE FOR: E. D aniel B ox MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 285 1 N. Clyboum A venue

NATURE OF REQUEST: Application for a special use to establish a hair salon . .


..., , . .... '

DEC 2 1 2020 CITY Of CHICAGO


THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

1\FFIRMIITIVE NE<1i1TIVE 1\0SENT . . ' '

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereofas provided under Section 1 7 - 13-0 107B and by publication in the Chicago SunTimes on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a hair salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s) :


I, Janine Klich-Jensen, Project Coordinator for the ZONl NG �ARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on /� , 2�

Page 24 of 52


APPLICANT: Greif Properties, Inc. CAL NO.: 378-20-Z

APPEARANCE FOR: Nicholas Ftikas MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 1 638 N. Sedgewick Street

NATURE OF REQUEST: Application for a variation to reduce the front setback from the required 1 5' to 9 .46', north side setback from 2' to zero (south to be 3 .42'), combined side setback from 4.8' to 3 .42' for a proposed fourstory, three dwelling unit building, three-story rear stairs, roof top enclosure and deck and two car parking pad .

ACTION OF BOARD-VARIATION GRANTED - DECISION OF LAW



THE VOTE

TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 25 of 52

AFFIRMATIVE NI:<JATIVE AllSI3NT . ,

X X X X X

APPROVED AS TO SUBSTANCE

�

ZONING BOARD OF APPE,U.S,.CITY OF CffiCAGO, CITY HALL, ROOM 905

APPLICANT:

APPEARANCE FOR:

APPEARANCE AGAINST:

. PREMISES AFFECTED :

Public 2, LLC

N icholas Ftikas

None

2 1 07- 1 1 W. Canton Street

CAL NO.: 379-20-Z

MINUTES OF MEETING: . November 20, 2020

NATURE OF REQUEST: Application for a variation to reduce the rear setback from the required 30' to 1 ' on floors containing dwelling units for a proposed four-story building with ground floor retail and eight dwelling units above and an attached eight car garage with roof deck, roof top stairway enclosure.


DEC 2 1 2020 CITY OF- CH ICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

THE VOTE

AFFIRMATIVE NEOATIVI'C AllSENT

X X X X

SAM TOIA ":-___:.X:.......,___.-:---:'------' WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at 1ts regular meeting held

on November 20, 2020 after due notice thereof as provided under Section 1 7- 13-01 07B and by publication in the Chicago Sun-Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed f inding of f act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback to 1 ' on floors containing dwelling units for a proposed four-story building with ground floor retail and eight dwelling units above and an attached eight car garage with roof deck, roof top stairway enclosure; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if pennitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZON;rG B�RD OF APPE�S.Jo7certify that I caused this to be placed in the USPS mail at l 2 1 North La Sa lle Street

:Chicago, IL on �� , 2�

. Pa ge 26 of 52


APPLICANT: . .. . . . Fllllerton Food Mart,.Jnc. Cal. No. 3 80-20-S



PREMISES AFFECTED : 2801 W. Fullerton Avenue

NATURE OF REQUEST : Application for a special use to expand the existing floor area exceeding 25% of the existing floor area of an accessory convenience store serving an existing gas station.


-�- ... .

DEC 2 1 2020 CITY Or CH ICAGO


THE RESOLUfJON:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIR MATIVE NEGAT IVE AD SENT

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appea Is at its regular meeting held on Nov em her 20, 2020 after due notice thereof as provided under Section 1 7 - 1 3 -0 1 07B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitte d to expand the existing floor area exceeding 25% of the existing floor area of an accessory convenience store serving an existing gas station; a variation was a lso granted to the subject property in Cal. No. 3 8 1 -20-Z; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use c om plies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant a dverse impact on the general welfare of neighborhood or community; is compatible with the characterofthe surroun ding area in terms of site planning and building scale and project design; is compatible with the characterofthe surrounding area in terms of operating characteris tics, such as hours of operation, outdoor lighting, noise, and traffic generation; and i s designed to promote pedestrian safety and com fort; i t i s therefore

RESOLVED, that the aforesa id special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said specia l use subject to the following condition(s): provided the special use is issued solely to the applicant, Fullerton Food Mart, Inc., and the development is consistent with the design and layout of the plans and drawings dated November 1 8 , 2020, prepared by Building Solutions Tech, LLC.


I, Janine Klich-Jensen, Project Coordinator for the ZONING �ARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on !J.;Z-1 , zfJZ£2.

Page 27 of 52

-� CHAIRMAN �


APPLICANT: . .. F.ullerton Foodmart Inc. CAL NO.: 3 8 1 -20-Z



PREMISES AFFECTED : 280 1 W. Fullerton Avenue

NATURE OF REQUEST: Application for a variation to reduce the lot area from the required 20,000 square feet to 1 5,625 square feet for a proposed addition to the accessory convenience store that serve the existing gas station.

ACTION OF BOARDVARIA TJON GRANTED

DEC 2 1 2020 C ITY O r CH ICAGO


TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAMTOIA

THE VOTE

AFFIRMATIVE NrCJATIVF. ARSF.NT '

X X X X X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7 - 1 3-0 1 07B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be perm itted variation to reduce the lot area to 1 5,625 square feet for a proposed addition to the accessory convenience store that serve the existing gas station; a special use was also approved for the subject property in Cal. No .380 -20-S; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) t he requested variation is consistent with the stated purpose and intent of th is Zoning Ordinance; 3) the property in question cannot y ield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not a lter the essential characterofthe neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s): provided the special use is issued solely to the applicant, Fullerton Food Mart, Inc., and the development is consistent with the design and layout of the plans and drawings dated November 1 8 , 2020, prepared by Building Solutions Tech, LLC.

That a ll applicable ordinances of the City of Chicago shall be complied with before a permit is issued.

I, Janffie Klich· Jen,.n, Project Comdffia to do< the WNI�ARD OF APPEALS, certify tha t i cau"d thi• to be placed ;, the USPS mail at 1 2 1 North La Sa lle Street, Chicago, IL on / k/ ,20&t2.

· Page 28 of 52

ZONING BOARD OF AP.P.EALS,.CITY OF CIDCAGO, CITY HALL, ROOM 905

APPLICANT: Katharine Dryden and Ashley Holmes CAL NO. : 3 82-20-Z



PREMISES AFFECTED : 4750 N. Manor Avenue

NATURE OF REQUEST: Application for a variation to reduce the rear setback from the required 1 2 .43' to 0.5 1 ' for a proposed one- story addition to an existing two-story, single family residence.


OEC 2 1 2020 CITY Of CH ICAGO

ZONING IJOARD OF APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AFFIRMATIVE NEGATIVE AD SENT X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13 -01 07B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback to 0 .5 1 ' for a proposed one- story addition to an existing two-story, single family residence; an additional variation was granted to the subject property in Cal. No.3 83-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties o r particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent ofth is Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards ofthis Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coord ina tor for the ZONL.?PARD OF APPEALS, certify that I caused this to be placed in the USPS mail a t 1 2 1 North La Sa lle Street, Chicago, IL on J.-.( , 2� - . 7 . .

Pa ge 2 9 of 52

WNING BOARD OF APPEALS, CITY OF CillCAGO, CITY HALL, ROOM 905

APPLICANT: Katharine Dryden and Ashley Holmes CAL NO.: 3 83-20-Z



PREMISES AFFECTED : 4750 N. Manor Avenue

NATURE OF REQUEST: Application for a variation to reduce the rear yard open space from the required 400 square feet to zero for a proposed one-story addition to an existing two-story single family residence.


DEC 2 1 2020 CITY OF- C H ICAGO


TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-13-0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and argwnents of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear yard open space to zero for a proposed one-story addition to an existing twostory single family residence; an additional variation was granted to the subject property in Cal. No.3 82-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of thi s Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to b e used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONI�ARI? OF APPEALS, certify that I caused this to be placed in the USPS mail at l 2 1 North LaSalle Street, Chicago , IL on / � ,2ct2J2_.

· ·

Page 30 of 52 ·

·

�� CHAIAMU"<....._


APPLICANT: ,. .East: .. Douglas Partners, LLC CAL NO.: 3 84-20-Z



PREMISES AFFECTED : 1 239 S . Fairfield Avenue

NATURE OF REQUEST: Application for a variation to reduce the minimum lot area from the required 3 ,000 square feet to 2,996.88 square feet for a proposed three-story, three dwelling unit building w ith three unenclosed parking spaces.

ACTION OF BOARDVARIA TIOl'i.��NTED

,· ·�r.._ :> �: "" THE VOTE

DEC .21 2020 CITY OF- CHICAGO ZONING BOARD OF APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AI'FIRMAllVE NEGATIV!l AOSENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-13-01 07B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the minimum lot area to 2,996. 88 square feet for a proposed three -story, three dwelling unit building with three unenclosed parking spaces; two additional variations were granted to the subject property in Cal. Nos.3 85-20-Z and 3 86-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential characterofthe neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue ofthe authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s) :


USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on / , 20�. I , Janffio Klioh-kmon, Proj od Coo,dffia todm tho ZON !l� OF APPEALS, oorttl'y tha t i on u"d thffi to bo p laood ;, tho

,

Page 3 1 of 52


APPLICANT: East Douglas Partners, LLC CAL NO.: 3 85-20-Z



PREMISES AFFECTED : 1 239 S . Fallfield A venue

NATURE OF REQUEST: Application for a variation to reduce the required minimum lot area from the required 3 ,000 square feet to 2,996.88 square feet for a proposed three-story, three dwelling unit building w ith three unenclosed parking spaces.


THE VOTE


ZONING 80ARD OF APPEALS

TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AfTIRMi\lWB NrCAllVE ABSENT "

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-13 -0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the required minimum lot area to 2,996.8 8 square feet for a proposed three-story, three dwelling unit building with three unenclosed parking spaces; two additional variations were granted to the subject property in Cal. Nos.3 84-20-Z and 3 86-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONING OARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on , 202£1.


APPLICANT: ".East.�JJ.glas Partners, LLC CAL NO. : 386-20-Z



PREMISES AFFECTED : 1 239 S . Fairlield Avenue

NATURE OF REQUEST: Application for a variation to reduce the minimum lot area from the required 3 ,000 square feet to 2,996.88 square feet for a proposed three-story, three dwelling unit building with three unenclosed parking spaces.


THE VOTE � - -

DEC 2 1 2020 CITY O r CHICAGO


TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMATIVE NiiC.ATIVE ABSENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13-0107B and by publication in the Chicago Sun-Times on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby fmds the following; the applicant shall be permitted variation to reduce the minimum lot area to 2,996.88 square feet for a proposed three-story, three dwelling unit building with three unenclosed parking spaces; two additional variations were granted to the subject property in Cal. Nos.3 84-20-Z and 3 85-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



USPS mail at 1 2 1 North La Salle Street, Chicago, IL on / , 2020-I , Janme Klich-Jen,.n, Pmject Coon!U,a todo< the zoi�F APPEALS, certiTy tha I I ca u"d thm to be placed m the

Page 33 of 52


APPLICANT: « 23.45 W.est Roscoe, LLC Cal. No. 387-20-S



PREMISES AFFECTED : 2345 W. Roscoe Street

NATURE OF REQUEST: Application for a special use to establish residential use below the second floor for a proposed four-story, six dwelling unit building with a d etached six car garage. ACTION OF BOARD-APPLICATION APPROVED

DEC 2 1 2020 CITY Or C HICAGO


THE RESOLUTION:

THE VOTE

TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMA11VE NEGA11VE ABSENT X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after duenotice thereofas provided under Section 17- 13-0 107B and by publication in the Chicago SunTimes on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish residential use below the second floor for a proposed four-story, six dwelling unit building with a detached six car garage; two variations were also granted to the subject property in Cal. No. 3 88-20-Z and 3 89-20-Z; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s) : provided the development is consistent with the design and layout of the plans and drawings dated December of20 19, prepared by MC and Associates, LLC.


I, Janine Klich-Jensen, Project Coordinator for the ZONTJ1 j.ARD OF APPE� certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on � {'}., ( , 2 0 . . .

Page 34 of 52 APPROVED AS TO SUBSTANCE

�


APPLICANT: .. . . 2345.W.est.Roscoe,.LLC CAL NO.: 388-20-Z



PREMISES AFFECTED : 2345 W. Roscoe Street

NATURE OF REQUEST: Application for a variation to reduce the minimum lot area from the required 6,000 square feet to 5,750 square feet for a proposed four-story, six dwelling unit building with a detached six car garage.


THE VOTE


ZOf\JING 80ARD OF APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AfFlRMAllV� NoOAnVE AllSENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13-0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the minimum lot area to 5 , 7 50 square feet for a proposed four-story, six dwelling unit building with a detached six car garage ; a special use and variation were granted to the subject property in CaL Nos.387-20-S and 3 89-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid variation request be and it hereby is granted subject to the following condition(s): provided the development is consistent with the design and layout of the plans and drawings dated December of20 19, prepared by MC and Associates, LLC.


I, Janine Klich-Jensen, Project Coordinator for the ZON�G�OARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North La Salle Street, Chicago, IL on �� , 2�.

. . Page 35 of 52

.

APPROVED AS TO SU�C£

�-AN._


APPLICANT: 2345 West Roscoe, LLC CAL NO.: 3 89-20-Z


APPEARANCE AGAINST: None .

PREM.ISES AFFECTED: 2345 W. Roscoe Street

NATURE OF REQUEST: Application for a variation to reduce the rear setback from the required 30' to 2' for a proposed four-story, six dwelling unit building w ith a d etached six car garage.



ZOf\liNG BOARD OF APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AFFIRMATIVI! NEGA11VE ABSa.rr

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 13 -0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback to 2' for a proposed four-story, six dwelling unit building with a detached six car garage ; a special use and variation were granted to the subject property in Cal. N os.387 -20-S and 3 88-20-Z; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated pmpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the pmctical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore

RESOLVED, that the Zoning Board of Appeals, by virtue of the authority conferred upon it, does hereby make a variation in the application of the district regulations of the zoning ordinance and that the foresaid v ariation request be and it hereby is granted subject to the following condition(s): provided the development is consistent with the design and layout of the plans and drawings dated December of20 19, prepared by MC and Associates, LLC.


I, Janine Klich-Jensen, Project Coordinator for the ZONING �ARD OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on �� , 20� .

_

a ge 36 of 52


APPLICANT: Fox Chicago, LLC CAL NO.: 390-20-Z

APPEARANCE FOR: Mark Kupiec MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 1 730 W. 1 8th Stre�t

NATURE OF REQUEST: Application for a variation to reduce the rear setback on floors containing dwelling units from the required 30' to 1 8 .33' for a proposed four-story building w ith ground floor retail and three dwelling units above.




TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AI T IRMATIVI' NEGAllVE AOS�NT . . ' . ,

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-1 3 -01 07B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback on floors containing dwelling units to 1 8.33' for a proposed four-story building with ground floor retail and three dwelling units above ; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character ofthe neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONI�LARD OF APPEALS, certify that I caused this to be placed in the USPS mail at l 2 1 North LaSa lle Street, Chicago, IL on / Z,/ , 2�.

- . I r . -Page 37 of 52

O SU JANCE


APPLICANT: . ... FJJx Chicago, LLC CAL NO. : 39 1 -20-Z




NATURE OF REQUEST: Application for a variation to reduce the rear setback on floors containing dwelling units from the required 30' to 1 8 .33' for a proposed third and fourth floor addition, a rear three story addition and rear open porch on to the existing two story building with ground floor retail and to convert from two dwelling units to three dwelling units above.


THE VOTE



TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

" AI 'I' I�MATIVE NEGATIVE AllSEN'I'

X

X

X

X

X


WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback on floors containing dwelling units to 1 8.33' for a proposed third and fourth floor addition, a rear three story addition and rear open porch on to the existing two story building with ground floor retail and to convert from two dwelling units to three dwelling units above ; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



l, Janffio KHoh-lon<On, Proj oot Coonlffia to<fm tho ZONT� OF APPEALS, oortRy that 1 oa ""'d th;"o bo plaood ID tho USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on / ,

2� . . . I I .

Page 38 of 52 0 SUBST NCE


APPLICANT: .F..ox.Chicago, LLC CAL NO.: 392-20-Z




NATURE OF REQUEST: Application for a variation to reduce the rear setback on floors containing dwelling units from the required 30' to 1 8 .33' for a proposed partial third and a fourth floor addition, a rear three story

add ition and rear open porch on the existing two story building with ground floor retail use and to convert from one dwelling unit to three dwelling units above.


UEC 2 1 2020 CITY Or CHICAGO

ZONING SOARD Or APPEALS

TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AI'I'IKMh1'1VE NEGATI�Il AU SENT

X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at 1ts regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7- 1 3 -0107B and by publication in the Chicago Sun-Times on November 5 , 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback on floors containing dwelling units to 1 8.33' for a proposed p artial third and a fourth floor addition, a rear three story addition and rear open porch on the existing two story building with ground floor retail use and to convert from one dwelling unit to three dwelling units above ; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the prnctical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZON�D OF APPEALS, certify that I caused this to be p laced in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on � ( , �-1

· ·

Page 39 of 52 ·

AlP�

tciii�


APPLICANT: " , , ,BRP.LaSalle, LLC Cal. No. 393-20-S

APPEARANCE FOR: Chris Leach MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 733 N. LaSalle Street I 129 W. Chicago Avenue

NATURE OF REQUEST: Application for a special use to establish group living (more specifically regulated as co-living) in a new nine-story building with ground floor retail and twenty-eight dwelling units above.

ACTION OF BOARDAPPLICATION WITHDRAWN

DEC 2 1 2020 C ITY Or CH ICAGO

ZONING BOARD Ot= APPEALS

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 40 of 52

AITIRMATIVE NEGA" I IVE AUS!;NT . ,

X

X

X

X

X


APPLICANT: . . . . . . . P.C.AUl,LLC Cal. No. 394-20-S

APPEARANCE FOR: Katriina McGuire MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED: 60 W. Superior Street

NATURE OF REQUEST : Application for· a special use to establish an adult use cannabis dispensary.


·�· ·._. . .



THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 41 of 52

A rriRMAI I V I� NrClATIVE ADSr�T •. .

. .

X X X X X


APPLICANT: . . . . . . Million D.ollar_Highway, LLC Cal. No. 395-20-S

APPEARANCE FOR: Sylvia Michas MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 533 W. B arry A venue

NATURE OF REQUEST : Application for a special use to lease seventy two (45%) of the one hundred sixtyone required residential accessory parking spaces located in an existing two- story parking garage. ACTION OF BOARD-APPLICATION APPROVED

UEC 2 1 2020 C ITY OF- CHICAGO


THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAMTOIA

AFFIRMA1WF. NEOATIVF AllS!'NT ' •.

X X X X X


WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby fmds the following; the applicant shall be permitted to lease seventy two ( 45%) ofthe one hundred sixty-one required residential accessory parking spaces located in an existing two- story parking garage; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s): provided the special use is issued solely to the applicant, Million Dollar Highway, LLC and the development is consistent with the design and layout of the Pedestrian Concept Plan dated November 1 8, 2020.


I, Janine Klich-Jensen, Project Coordinator for the ZONING B�RD OF APPEALS, certify that I caused this to be placed in the USPS mail at l 2 1 North LaSalle Street, Chicago, IL on /2- )-- ( , 20�.

· l "';.�2 of52 ·

� GIIAJR�Alfs


APPLICANT: , . . Roy4lle,Renov.ation. Group, Inc. CAL NO.: 396-20-Z

APPEARANCE FOR: Thomas Moore MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 57 13 W. 64th Place

NATURE OF REQUEST: Application for a variation to reduce the rear setback from the required rear setback from the required 35.09' to 1 .09', west side setback from 2' to 1 .25' (east to be 3 .28'), combined side setback from 5' to 4.53' for a proposed one-story front addition, a two-story rear addition and a rear second floor addition above the attached garage at the existing single family residence.



ZONING BOARD Oi= APPEALS

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

AI'I'JKMA TIVE NEGATIVE AllSENT X

X

X

X

X


WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the rear setback to 1 .09', west side setback to 1 .25' (east to be 3 .28'), combined side setback to 4.53' for a proposed one-story front addition, a two-story rear addition and a rear second floor addition above the attached garage at the existing single family residence ; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5 ) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONI G BO 0 " APPEAJ.S)_ certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on --+-,::-+---=--'---'lot:::-0.

Pa e 43 of 52


APPLICANT: Tre'Bella Nail Spa* Cal. No. 397-20-S

APPEARANCE FOR: Thomas Moore MINUTES OF MEETING: November 20, 2020

APPEARANCE AGAINST: Npne

PREMISES AFFECTED: 1 0349 S . Halsted Street

NATURE OF REQUEST: Application for a special use to establish a nail salon.


UEC 2 1 2020 CITY O r CHICAGO


THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AffiRMATIVE NEGATIVE ABSENT

X

X

X

X

X


WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a nail salon; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighbothood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to pennit said special use subject to the following condition(s):


I, Janine Klich-Jensen, Project Coordinator for the ZON1::2 B� OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on / �--1 ,2�.

*Amended a t Hearing r I

Page 44 of 52


APPLICANT: Yizar Nochimowski Cal. No. 398-20-S

APPEARANCE FOR: John Pikarski MINUTES OF MEETING: November 20, 2020

APPEA�ANCE AGAINST: None

PREMISES AFFECTED : 67 E. Madison Street #1 920

NATURE OF REQUEST: Application for a special use to establish a valuable objects dealer.


UEC 2 1 2020 CITY OF- CHICAGO


THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

AFFIRMATIVE NEGATIVE ABSENT

X

X

X

X

X


WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted to establish a valuable objects dealer; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site planning and building scale and project design; is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s): provided the special use is issued solely to the applicant, Yizar Nochimowski.


USPS mail at 1 2 1 North La Salle Street, Chicago, IL on ( , 29t:Z:il. I , Janine Klich-Jensen, Project Coordinator for the ZON� OF APPEALS, certify that I caused this to be placed in the

,

Page 45 of 52 ·


APPLICANT: . Matthew Collopy CAL NO.: 399-20-Z

APPEARANCE FOR: John Pikarski MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 5 1 3 8 N. Claremont Avenue

NATURE OF REQUEST: Application for a variation to reduce the front setback from the required 1 5� ' to 1 1 .6', south side yard setback from 2.48' to 0.9 1 ' (north to be 3 .4 1 '), combined side yard setback from 6.2' to 4.32' to subdivide one zoning lot into two zoning lots. The existing three-story residential building being converted from three dwelling units to four dwelling units shall remain. The newly created lot (5 1 34 N . Claremont) shall be vacant. ACTION OF BOARDVARIATION GRANTED



TIMOTHY R KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

THE VOTE

l'f ii\MATIV ' NF 't<llVE J\llSftiT X

X

X

X

X

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereof as provided under Section 1 7-13-01 07B and by publication in the Chicago Sun-Times on November 5, 2020; and

·

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding of fact and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the applicant shall be permitted variation to reduce the front setback to 1 1 .6', south side yard setback to 0.91 ' (north to b e 3 .41 �. combined side yard setback to 4 .32' to subdivide one zoning lot into two zoning lots. The existing three-story residential building being converted from three dwelling units to four dwelling units shall remain. The newly created lot ( 5 1 34 N. Claremont) shall be vacant; the Board finds 1 ) strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; 2) the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance; 3) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance; 4) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and 5) the variation, if granted will not alter the essential character of the neighborhood, it is therefore



I, Janine Klich-Jensen, Project Coordinator for the ZONING BO D OF APPEALS, certify that I caused this to be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on _+-'""�-.:l�f--' 20/!L2.

Pa e 46 of 52


APPLICANT: 4 Star 3358 .Sput,b.port, LLC dba Tuco and B londie Cal. No. 400-20-S

APPEARANCE FOR: Thomas Raines MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 3356-58 N. Southport Avenue

NATURE OF REQUEST: Application for a special use to reduce the re.quired parking from four parking spaces to one to serve an existing three-story restaurant w ith a four dwelling unit building w ith a proposed outdoor bar addition. This is a transit served location. ACTION OF BOARD-APPLICATION APPROVED

UE.C 2 1 2020 CITY OF- CH ICAGO

ZONING BOARD Or APPEALS

THE RESOLUTION:

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

.. AFFlRMIIT IVE NEGATIVE ABSENT

X

X

X

X

RECUSED

WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its regular meeting held on November 20, 2020 after due notice thereofas provided under Section 17-13-0 107B and by publication in the Chicago SunTimes on November 5, 2020; and

WHEREAS, the Zoning Board of Appeals, having reviewed the proposed finding off act and having fully heard the testimony and arguments of the parties and being fully advised in the premises, hereby finds the following; the a pplicant shall be permitted to reduce the required parking to one to serve an existing three-story restaurant with a four dwelling unit building with a proposed outdoor bar addition. This is a transit served location; expert testimony was offered that the use would not have a negative impact on the surrounding community and is in character with the neighborhood; further expert testimony was offered that the use complies with all of the criteria as set forth by the code for the granting of a special use at the subject site; the Board finds the use complies with all applicable standards of this Zoning Ordinance; is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of neighborhood or community; is compatible with the character of the surrounding area in terms of site p lanning and building scale and project design; is compatible with the character ofthe surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and is designed to promote pedestrian safety and comfort; it is therefore

RESOLVED, that the aforesaid special use request be and it hereby is approved and the Zoning Administrator is authorized to permit said special use subject to the following condition(s): provided the special use is issued solely to the applicant 4 star 3 3 58 Southport, LLC db a Tuco and Blondie, and the development is consistent with the design and layout of the plans and drawings dated February 12, 2020, prepared by CBD Architects.


I, Janine Klich-Jensen, Proj ect Coordinatorfor the ZON I NG B�RD OF APPEALS, certify that l caused this to be placed in the USPS mail a t 1 2 1 North LaSalle Street, Chicago, IL on JJ,..-T.J.</ , 202£2.

r , · · Pago 47 of52 APP�

CHA


APPLICANT: TP Packers, LLC Cal. No. 401 -20-S

APPEARANCE FOR: Louis Weinstock MINUTES OF MEETING: November 20, 2020

. APPEARANCE AGAINST: None

PREMISES AFFECTED : 43_0 1 S. Packers Avenue

NATURE OF REQUEST: Application for a special use to establish a major utilities and service which would allow for an existing one-story building to be used for transit maintenance and outdoor vehicle storage.

ACTION OF BOARDC ontinued to December 18, 2020

UEC 2 1 2020 CITY Or CH ICAGO


THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 48 of 52

AFFIRMATIVE NEGAllVF AGSENT . X

X

X

X

X

APPRO�ANDI

, ;: ' · CHAIRMAN

ZONING BOARD OF.APP.EAL�_ClTY OF CIDCAGO, CITY HALL, ROOM 905

APPLICANT: TP Packers, LLC Cal. No. 402-20-S

APPEARANCE FOR: Louis Weinstock MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 430 1 S . Packers Avenue

NATURE OF REQUEST : Application for a special use to establish two new outdoor rooftop patio areas with retractable roof system at an existing two-story general restaurant building.

ACTION OF BOARDContinued to December 18, 2020

IJEC 2 1 2020 CITY OF- CH ICAGO


THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 49 of 52

FF IRMA TIV : N �lA l'IVE BSI:NT

X

X

X

X

X


APPLICANT: 3458 Norclark Restaurant, LLC Cal. No. 403-20-S



PREMISES AFFECTED: 3458 N. Clark Street

NATURE OF REQUEST: Application for a special use to establish two new outdoor rooftop patio areas with retractable roof system at an existing two-story general restaurant building.


�- '


ZONING BOARD OF APP EALS

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 50 of 52

AFFIRMATIVE NEGATIVE ABSENT -

X

X

X

X

RECUSED

� CHAIRMAN

ZONING BOARD OF APPEALS, CITY OF CffiCAGO, CITY HALL, ROOM 905

APPLICANT: Public Building Commission of Chicago Cal. No. 404-20-S

APPEARANCE FOR: Scott Borstein MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 2555 W. Grand Avenue

NATURE OF REQUEST: Application for a special use to establish a major utilities and services.

ACTION OF BOARDContinued to January 15, 2021


ZO NING BOARD OF APPEALS

THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 51 of 52

AI'I'IKMKnVE NEGAT IVI.( AllSENT

X

X

X

X

X

ZONING BOARD OF APP.EALS, CITY OF CIDCAGO, CITY HALL, ROOM 905

APPLICANT: Public Building Commission of Chicago Cal. No. 405-20-Z

APPEARANCE FOR: Scott Borstein MINUTES OF MEETING: November 20, 2020


PREMISES AFFECTED : 2555 W. Grand Avenue

NATURE OF REQUEST: Application for a variation to retain the existing conditions that includes twenty-three trees within the landscape setback instead of ornamental fencing and reduce the number of trees from 1 57 to 94.

ACTION OF BOARDContinued to January 15, 2021

DEC 2 1 2020 CITY Or CH ICAGO


THE VOTE

TIMOTHY R. KNUDSEN

ZURICH ESPOSITO

BRIAN H. SANCHEZ

JOLENE SAUL

SAM TOIA

Page 52 of 52 ·

AFFIRMATIVE Nr,(JA11VE ABSFNT

X

X

X

X

X

ZONJNG BOARD OF APPEAlS CITY OF CHICAGO

City Hall Room 905 121 North LaSalle Stre et Chicago, Illinois 60602

TEL: (312) 744-3888

CWAZ, LLC AP

.P L I C AN T



329-20-5 CAL EN D A R N U M B E R

1 1 52 W. Ra ndo lph Street October 1 6 , 2 0 2 0 H EAR I N G D ATE

P R E M I SES AF F EC T E D

ACTION OF BOARD

The application is approved subject to the conditions set forth in this decision.

THE VOTE

Timothy Knudsen, Chainnan Zurich Esposito Brian Sanchez Jolene Saul Sam Toia

AFFIRMATIVE N EGATIVE

l:i1 D 0 D � D D D 0 D

FINDINGS OF THE ZONING BOARD OF APPEALS

ABSENT

D D D � D

IN THE MATTER OF THE SPECIAL USE APPLICATION FOR 1 152 W. RANDOLPH STREET BY CWAZ, LLC.

I . BACKGROUND

CW AZ, LLC 1 (the "Applicant") submitted a special use application for 1 1 52 W. Randolph Street (the "subject property"). The subject property is currently zoned DX-3 and is improved with a two-story building (the "building"). The Applicant sought a special use to establish an adult use cannabis dispensary in the basement and first floor of the building. 2 In accordance with Section 17- 13-0903 of the Chicago Zoning Ordinance, the Zoning· Administrator of the City's Department of Planning and Development recommended approval of the proposed adult use cannabis dispensary provided that : ( 1 ) the special use was issued solely to the Applicant; (2) all on-site customer queuing occurred within the building; and (3) the development was consistent with the design and layout of the plans and drawings dated October 9, 2020, prepared by Steep Architecture Studio LLC.

A. The Hearing

II . PUBLIC HEARING

1 CWAZ, LLC is a wholly owned subsidiary of Gentle Ventures, LLC d/b/a D ispensary 3 3 . 2 The second floor o f the building will remain residential.

CAL. NO. 329-20-S Page 2 of 1 1

The ZONING BOARD OF APPEALS held a remote public hearing3 on the Applicant 's special use application at its regular meeting on October 1 6, 2020, after due notice thereof as provided under Sections 1 7- 1 3-0 1 07 -A(9) and 1 7-1 3-0 1 07 -B of the Chicago Zoning Ordinance and by publication in the Chicago Tribune. In accordance with the ZONING BOARD OF APPEALS' Rules of Procedure (eff. June 26, 2020), the Applicant had submitted its proposed Findings of Facts. The Applicant's operational

· manager for the proposed dispensary Mr. Bryan ·Zies .and the Applicant's· attorney Mr. Ashley Brandt were present . Also present on behalf of the Applicant were the Applicant's architect Ms. Jaime Magaliff, the Applicant's security advisor Mr. Saquan Gholar and the Applicant's MAl certified real estate appraiser Mr. Joesph Ryan. Appearing in support of the application were 27th ward alderman Walter Burnett, Jr. (the "Alderman") and Mr. Roger Romanelli.

The Applicant's application was opposed by 1 14 1 West Randolph, LLC. 1 14 1 West Randolph, LLC owns the property commonly known as 1 1 4 1 W. Randolph Street. To explain 1 14 1 West Randolph LLC's opposition to the application, the ZONING BOARD OF APPEALS must briefly discuss the ZONING BOARD OF APPEALS September 1 8 , 2020 regular meeting (the "September 1 8th Meeting"). At the September 1 8th Meeting, the ZONING BOARD OF APPEALS heard and approved an application for a special use for an adult use cannabis dispensary at 1 14 1 W. Randolph Street by NuMed Chicago, LLC (the "NuMed Application").

Section 1 5-70(p )(1 5) of the Cannabis Regulation and Tax Act, 4 1 0 ILCS 705/1 - 1 et seq. (the "Act"), states that cannabis dispensaries shall not "[b ]e located within 1 ,500 feet of the property line of a pre-existing" dispensary. Although units of local government such as the City can enact reasonable zoning rules, such rules cannot conflict with the Act.4 Therefore, although the Chicago Zoning Ordinance does not impose a 1 ,500-foot required distance between cannabis dispensaries, such 1 ,500-foot restriction nevertheless controls where the I llinois Department of Professional Regulation ("IDFPR") will allow a cannabis dispensary to be established. 1 14 1 W. Randolph Street is within 250 feet of the subject property. Because of this, the Applicant's parent entity Gentle Ventures, LLC d/b/a Dispensary 33 ("Dispensary 33") along with the owner of the subject property opposed the NuMed Application.5

Prior to the September 1 8th Meeting, Dispensary 33 and the owner of the subject property alleged that there were certain procedural defects with respect to the NuMed Application. The prior chairman of the ZONING BOARD OF APPEALS rejected these allegations. At the hearing on the NuMed Application, Dispensary 33 and owner of the subject property argued that the application did not meet all required criteria for a special use under the Chicago Zoning Ordinance.

Responding tit-for-tat, prior to the hearing on the Applicant 's application, 1 14 1 West Randolph LLC also alleged that there were certain procedural defects to the Applicant 's

3 In accordance with Section 7(e) of the Open Meetings Act, 5 I LCS 1 20/1 et seq. 4 See Section 55-25( 1 ) of the Act.

· ·

5 See record of the ZONING BOARD OF APPEALS' Cal. No. 285 -20-S, especially the ZONING BOARD OF APPEALS' resolution rendered thereon in which the ZONING BOARD OF APPEALS found that the Dispensary 3 3 's opposition to the NuMed Application "stemmed solely from competition."

CAL. N O. 329-20-S Page 3 of 1 1

application.6 At the hearing, 1 14 1 West Randolph, LLC's manager Mr. Rushi Shah and its attorney Mr. Roger Minetz were present. Also present on behalf of 1 14 1 West Randolph LLC was the architect of record for the NuMed Application Mr. Gil Magnelli. The statements and testimony given during the hearing were given in accordance with the ZONING BOARD OF APPEALS' Rules of Procedure and its Emergency Rules (eff. September 9, 2020) 7 .

At the start of the hearing, the Chairman made some opening remarks, namely that the proposed special use would be reviewed within the regulatory framework established by the Chicago Zoning Ordinance and the Act. He advised how the hearing would proceed and reminded everyone present that they had the right of cross-examination.

The Applicant's attorney Mr. Ashley Brandt provided a brief overview of the Applicant's application.

The Alderman offered testimony in support of the Applicant's application.

The Applicant offered the testimony of the operational manager for the proposed dispensary Mr. Bryan Zies in support of the application.

The Applicant offered the testimony of its MAl certified real estate appraiser Mr. Joseph Ryan in support of the application. The ZONING BOARD OF APPEALS recognized his credentials as an expert in real estate appraisal.

The Applicant offered the testimony of its security consultant Mr. Saquan Gholar in support ofthe application.

The Applicant offered the testimony of its architect Ms. Jaime Magaliff in support of the application.

Mr. Roger Romanelli offered testimony in support of the application.

Prior to the start of 1 14 1 West Randolph, LLC's arguments in opposition to the application, the Chairman advised that : (a) the control or restriction of competition is not a proper or lawful zoning objective; and (b) he would not be entertaining any arguments raised in 1 14 1 West Randolph, LLC 's October 1 2, 2020 statement of objections regarding economic disclosure statements, as the Applicant properly updated its economic disclosure statements as required by Section 2-1 54-020 of the Municipal Code of Chicago ("MCC").

1 14 1 West Randolph, LLC offered the testimony of its manager Mr. Rushi Shah in opposition to the application.

6 Though admittedly, the alleged procedural defects were different. In this instance , the allegations involved Section 2- 1 54-0 1 0 of the MuniCipal Code of Chicago rather than Sections 1 7 - 1 3 -0905-G and- 1 7-1 4-0303-H ofthe Chicago Zoning Ordinance. 7 Such Emergency Rules were issued by the Chairman ofthe ZONING BOARD OF APPEALS in accordance with his emergency rule-making powers set forth in the Rules of Procedure.

CAL. NO. 329-20-S Page 4 of 1 1

1 14 1 West Randolph, LLC offered the testimony of architect Mr. Magnelli in opposition to the application.

In response to Mr. Magnelli's testimony and certain questions by the ZONING BOARD OF APPEALS, Mr. Zies offered further testimony. In particular, he testified that the Applicant was not planning on having a coffee shop on the premises.

Mr. Minetz cross-examined Mr. Zies.

In response to questions by the ZONING BOARD OF APPEALS, Mr. Shah offered further testimony.

In response to questions by the ZONING BOARD OF APPEALS, Mr. Zies offered further testimony. In particular and in response to a possible condition of approval of the special use by the ZONING B OARD OF APPEALS, Mr. Zies testified that while the Applicant would not have a coffee shop at the proposed dispensary, the Applicant would like to be able to serve complimentary coffee to its customers. He specifically testified that the Applicant was only in the business of being a cannabis dispensary and that the Applicant was not interested in any other business or business model.

Mr. Brandt recalled Ms. Magaliff for rebuttal testimony.

Mr. Minetz cross-examined Ms. Magaliff.

In response to questions from the ZONING BOARD OF APPEALS, Mr. Zies offered further testimony in support of the application.

Mr. Minetz made a closing statement .

Mr. Brandt made a closing statement.

B . Criteria for a Special Use for a Cannabis Business Establishment

Pursuant to Section 1 7- 1 3-0905-A of the Chicago Zoning Ordinance, no special use application may be approved unless the ZONING BOARD OF APPEALS finds that the proposed use in its proposed location meets all of the following criteria: ( 1 ) it complies with all applicable standards of the Chicago Zoning Ordinance; (2) it is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community; (3) it is compatible with the character of the surrounding area in terms of site planning and building scale and project design; (4) it is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise and traffic generation; and (5) it is designed to promote pedestrian safety and comfort.

Pursuant to Section 1 7- 13-0905-G of the Chicago Zoning Ordinance, no special use for a cannabis business establishment may be approved unless the ZONING BOARD OF APPEALS finds that the applicant for such special use has held at least one community meeting in the ward in which the cannabis business establishment is proposed to be

CAL N O. 329-20-S Page 5 of 1 1

located for the purpose of explaining the proposal and soliciting comments on it. Such community meeting must be held no later than two weeks prior to the date of the anticipated special use hearing before the ZONING BOARD OF APPEALS. The applicant must notify the Chairman of the ZONING BOARD OF APPEALS and the Alderman of the ward· in which the cannabis business establishment is proposed to be located in writing of the time, place and purpose of the community meeting. The applicant must pu.blish notice in a newspaper of general circulation within the ward and the applicant must send written notice by USPS first class mail to the property owner of the subject property and to all property owners within 250 feet of the property lines of the subject property. Such applicant shall furnish a complete list of the names and last known addresses of the persons provided with such written notice as well as a written affidavit certifying compliance with such written notice to the Chairman of the ZONING BOARD OF APPEALS on or before the public hearing is held by the ZONING BOARD OF APPEALS, in a form prescribed by the Commissioner of the Department of Planning and Development.

Pursuant to the ZONING BOARD OF APPEALS ' Supplemental Rule for Cannabis Business Establishments dated June 26, 2020, Governing the Conduct of Cannabis Business Establishment Community Meetings ("Supplemental Rule"), in addition to the requirements of Section 17- 1 3-0905-G of the Chicago Zoning Ordinance, each community meeting held on or after March 20, 20208 must: ( 1 ) be comprised of at least three (3) physical sessions so that the maximum amount of persons that wish to physically attend the community meeting may have the opportunity; and (2) that each session has a virtual component so that those that wish to attend and participate but do not want to physically attend can virtually attend and participate.

III . FINDINGS OF FACT

After careful consideration of the evidence, testimony and the entire record, including the Applicant's proposed Findings of Fact, the ZONING BOARD OF APPEALS hereby makes the following findings with reference to the Applicant's application for a special use pursuant to Section 1 7- 13-0905-A ofthe Chicago Zoning Ordinance:

1. The proposed special use complies with all applicable standards of the Chicago

Zoning Ordinance.

As a threshold matter, the ZONING B OARD OF APPEALS finds that the Applicant met all application requirements for an adult cannabis dispensary special use. At the time the Applicant filed its application, it was obligated under the MCC to provide economic disclosure statements.9 In this particular case, as the Applicant changed its

8 The date upon which the Governor of the State of Illinois issued Executive Order 2020 -1 0 in response to the COVID-1 9 public health emergency. Among other things, Executive Order 2 020-1 0 limited the amount of people that may attend public gatherings. Although Executive Order 2020 -1 0 no longer governs the COVID-1 9 public health emergency, the amount of people· that may attend public ga theririgs remains limited. 9 Section 2-1 54-0 1 0 ofthe MCC ("Whenever any corporation; partnership ; business trust; estate; two or more persons having a joint or common interest; other commercia1 interest of legal entity; trustee of a land

CAL. NO. 329-20-S Page 6 of 1 1

members and managers between the time of filing its application and the time its application was heard by the ZONING BOARD OF APPEALS, the Applicant was also obligated under the MCC to update these economic disclosure statements.1 0 N o party can credibly claim prejudice because the Applicant followed the law, and the ZONING BOARD OF APPEALS rejects any argument to the contrary.

. .

Turning to substance, and as shown by the Applicant's land use map (Exhibit D-7), the proposed special use is 500' or more from a school as required by Section 17-9-0 1 29(3) of the Chicago Zoning Ordinance. The subject property is located in a DX-3 zoning district . Adult use cannabis dispensaries are a special use in a DX -3 zoning district. 1 1 The Applicant is seeking no other relief from the Chicago Zoning Ordinance. It is only the special use that brings the Applicant before the ZONING BOARD OF APPEALS . As testified to by Ms. Magaliff, the Applicant's proposed dispensary otherwise conforms with the Chicago Zoning On:linance. The ZONING BOARD OF APPEALS fmds Ms. Magaliffto be a very credible witness with respect to this application. Since the ZONING BOARD OF APPEALS has decided to grant the special use to the Applicant, the Applicant's proposed special use therefore complies with all applicable standards of the Chicago Zoning Ordinance.

2. The proposed special use is in the interest of the public convenience and will not

have a significant adverse impact on the general welfare of the neighborhood or

community.

The proposed special use is in the interest of the public convenience as it will provide retail products for which (as has been evident over the past nine months1 2) there is very high demand. The proposed special use will not have a significant adverse impact on the general welfare of the neighborhood or community. The ZONING BOARD OF APPEALS finds Mr. Zies and Mr. Gholar to be very credible witnesses, especially with respect to how the Applicant's proposed dispensary would operate. The ZONING BOARD OF APPEALS finds that whether or not an adult use cannabis dispensary - as with all special uses that involve a controlled substance and cash - has a significant adverse impact on the general welfare ofthe neighborhood depend s on the operation of the adult use cannabis dispensary. From Mr. Zies' testimony, it is

trust or any beneficiary or beneficiaries thereof (for purposes of this section, collectively the 'applicant') makes application to the City of Chicago (emphasis added)). 1 0 Section 2-1 54-020 of the MCC ("All disclosures and infonn ation shall be cunent as of the date upon which the application is presented to the city council or other city agency, and shall be maintained current until such time as the city council or other city agency shall take action on the application." ) 1 1 Pursuant to Sections 1 7-4-0207-AAA(l ) of the Chicago Zoning Ordinance .

·

1 2 The ZONING BOARD OF APPEALS takes judicial notice of the fact that since adult use cannabis became legal in Illinois on January 1 , 2020, cannabis dispensaries have had long lines and have frequently sold out of adult use cannabis products.

CAL N O. 329-20-S Page ? of 1 1

clear that Mr. Zies has past experience operating an adult use cannabis dispensary and understands that the two of the greatest areas of concern in a cannabis dispensary are customer flow - even prior to the COVID-1 9 health pandemic and product loading/unloading. Further, from Mr. Gholar's testimony and affidavit it is clear that Mr. Gholar has previous experience overseeing security of an adult use cannabis dispensary and understands.the safety concerns regarding

. . . .

loading/unloading of product and cash as well as the safe storage of said product and cash. The ZONING BOARD OF APPEALS finds that, based on the testimony and averments of Mr. Zies and Mr. Gholar, the plans and drawings of the proposed dispensary, Dispensary 3 3 's Operations Manual (Exhibit D- 1 ) and the Applicant 's Security Plan (Exhibit D-3), the proposed special use will be operated in such a manner that it will not have a significant ad verse impact on the general welfare of the neighborhood .

In addition, and as credibly testified to by Ms. Magaliff, the proposed dispensary has been designed to comply with all provisions ofthe Chicago Building Code. Therefore, safe ingress/egress to the proposed dispensary, fire safety and ADA accessibility are all adequately addressed. She also credibly testified that she had designed the proposed dispensary so that it was in compliance with all State of Illinois regulations. Moreover, and as shown by Mr. Ryan's report, adult use cannabis dispensaries do not have adverse impact on neighboring property values. They also do not lead to an increase in crime. As set forth in Mr. Ryan's report, this is likely due to the high level of increased security at adult use cannabis dispensaries. The ZONING BOARD OF APPEALS finds Mr. Ryan and his report to be very credible.

In contrast, the ZONING BOARD OF APPEALS finds 1 146 West Randolph, LLC and its witnesses to have zero credibility. The ZONING BOARD OF APPEALS finds that 1 146 West Randolph, LLC's opposition to the Applicant's application was solely in response to Dispensary 33's opposition to the NuMed Application. The ZONING BOARD OF APPEALS has severe doubts that 1 146 West Randolph, LLC would have opposed the Applicant 's application had it not been for Dispensary 33 ' s prior actions. Indeed, 1 1 46 West Randolph, LLC 's witnesses at this hearing raised the very same issues - ingress/egress and traffic that Dispensary 33 's witnesses raised at the September 1 8th Meeting. And, like the testimony of Dispensary 33 ' s witnesses at the September 1 8th Meeting, the negative conclusions drawn with respect to ingress/egress and traffic were purely speculative and without merit . l 3

3 . The proposed special use is compatible with the character of the surrounding

area in terms of site planning and building scale and project design.

1 3 Although the ZONING BOARD OF APPEALS does commend Mr. Magnelli from refraining from repeating Dispensary 3 3 's witnesses' wildly speculative testimony regarding active shooters.

CAL NO. 329-20-5 Page 8 of 1 1

The proposed special use will be located within the building. As can be seen from comparing the proposed dispensary's plans and renderings and photographs of the building as it now exists, the proposed special use will not significantly alter the exterior of the building. The building itself is one typical of the West Loop area in general and of this portion of West Randolph Street in particular. As can be seen from the photographs, it is an old, multi-story brick building with commercial as its ground floor use. In this, as stated in Mr. Ryan's report, it is consistent with other buildings on this particular block of West Randolph. Thus, the proposed special use is compatible with the surrounding area in terms of site planning and building scale. In terms of project design, the surrounding area - as seen from the Applicant's land use map (Exhibit D-7) - is mostly mixed-use, industrial use and retail use. An adult use cannabis dispensary - itself a retail use - is therefore generally compatible in terms of project design. In terms of specifics, the site plans show - and Mr. Zies' testimony reveals - that the proposed special use has been carefully designed to ensure that customers will not in any way disrupt the streetscape. Further, and as also testified by Mr. Zies, all loading/unloading of product will occur from the building's enclosed garage. Thus, the proposed special use is compatible with the character of the surrounding area in terms of site planning and building scale and project design.

4. The proposed special use is compatible with the character of the surrounding

area in terms of operating characteristics, such as hours of operation, outdoor

lighting, noise and traffic generation.

The subject property is located in the portion of the City colloquially known as the West Loop . 14 As accurately recounted in Mr. Zies' affidavit, the West Loop is "an urban destination for commercial, entertainment, restaurant, hospitality and residential uses." West Randolph Street is a major commercial corridor at this location and has many restaurants as well as other retail uses. Indeed, and as can be seen from the photographs, City Winery is located directly across Racine Street from the subject property while Art+Science is located only a few storefronts down from the subject property. Thus, the Applicant 's proposed hours of operation are compatible with the surrounding area.

As set forth in the Applicant 's proposed Findings of Fact, the proposed special use will add outdoor lighting to the building. This outdoor lighting will only be added for security purposes and will be directed or shielded to prevent light spillage onto adjacent properties. Further, as the proposed special use will be entirely contained within the building, any exterior noise generated by the

1 4 Technically, arid as referenced in Mr. Ryan's report, the subject property is located in the Fulton Market District; however, as "West Loop" is how the area was main ly (with the exception of Mr. Ryan and, in one instance, Commissioner Toia) referred to at the hearing, the ZONING BOARD OF APPEALS has chosen to use "West Loop" throughout this resolution.

CAL NO. 329-20-S Page 9 of 1 1

proposed special use would be minimal. Traffic generation from the proposed special use would be compatible with the aforementioned restaurant and retail uses. In particular, based on the Applicant's business model and the fact that there is no on-site consumption of cannabis allowed in the City, the proposed use will not tie up public parking as long as the nearby restaurants. The ZONING BOARD OF APPEALS finds Mr. Zies to be a very credible witness. with respect

' ' '

to the Applicant's business model. In contrast, and as noted above, the ZONING BOARD OF APPEALS did not find any of 1 146 West Randolph, LLC's witnesses to be particularly credible. Further, there is ample public transportation available in the West Loop, which keeps traffic generation on this and other nearby uses low. In sum, the ZONING BOARD OF APPEALS finds that the proposed special use is compatible with the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise and traffic generation.

5. The proposed special use is designed to promote pedestrian safety and comfort.

The proposed special use will greatly enhance security ofthe subject property in the form of security cameras and security personnel. This enhanced security will promote pedestrian safety and comfort. As the Applicant is committed to ensuring that there are no outdoor customer queuing lines, the Applicant's customers will not block sidewalks or otherwise obstruct the public way for pedestrians. All product loading and unloading will take place in an enclosed garage, again ensuring that the Applicant's operations at the subject property promote pedestrian safety and comfort.

After careful consideration of the evidence, testimony and the entire record, the ZONING BOARD OF APPEALS hereby makes the following findings with reference to the Applicanl ' s application for a special use pursuant to Section 1 7 - 13-0905-G of the Chicago Zoning Ordinance:

1 . Based on the Applicant's submissions to the ZONING BOARD O F APPEALS, the ZONING BOARD OF APPEALS finds that the Applicant has held its required community meeting in accordance with Section 1 7 - 1 3-0905-G of the Chicago Zoning Ordinance and with the ZONING BOARD OF APPEALS ' Supplemental Rule.

IV. CONCLUSION

For all of these reasons, the ZONING BOARD OF APPEALS finds that the Applicant has proved its case by evidence, testimony and the entire record, including the Applicant's proposed Findings of Fact, covering the specific criteria for a special use pursuant to Sections 1 7- 1 3-0905-A and 1 7- 1 3-0905-G of Chicago Zoning Ordinance.

The ZONING BOARD OF APPEALS hereby approves the Applicant 's application for a special use, and pursuant to the authority granted to the ZONING BOARD OF

CAL. NO. 329-20-S Page 1 0 of 1 1

APPEALS by Section 1 7-1 3-0906 of the Chicago Zoning Ordinance, the Zoning Administrator is authorized to permit said special use subject to the following conditions :

1 . The special use shall be issued solely to the Applicant;

2. All on-site customer queuing shall occur within the building;

3 . The special use shall be developed consistently with the design and layout of the plans and drawings dated October 9, 2020, prepared by Steep Architecture Studio LLC; and

4. No non-cannabis customers or other business (including, but not limited to, a coffee shop) shall be present on the subject property.

This is a final decision subject to review under the Illinois Administrative Review Law, 735 ILCS 5/3- 101 et seq.

APPROVED AS TO SUB(

)ANCE

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I , Janine Klich-Jensen, staff person for the ZONING B ARD OF APPEALS, certify that I cause

! this t9 be placed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL

on /2-�/ / , 2020. • � ��-:

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WNING BOARD OF APPEALS CITY OF CHICAGO

City Hall Room 905 121 North LaSalle Street Chicago , Illinois 60602

TEL: (312) 744-3888

Dasco Cleveland L LC A P P L I C A N T

292-20-Z, 293-20-Z & 294-20-Z

CALEN D A R N UM B E RS

2347 N . Cleveland Ave n u e September 1 8 , 2020 P R E M I S E S AF FECTED H EAR I N G D ATE

ACTION OF BOARD THE VOTE

The applications for the variations are approved.

AFFIRMATIVE Farzin Parang , Chairman [i]

NEGATIVE ABSENT

Jolene Saul [i] Sylvia Garcia D Sam To ia [!] Tim Knudsen [i]

D D [i] D D

FINDINGS OF THE ZONING BOARD OF APPEALS

D D D D D

IN THE MATTER OF THE VARIATION APPLICATIONS FOR 2347 N. CLEVELAND A VENUE BY DASCO CLEVELAND LLC.

I . BACKGROUND

Dasco Cleveland LLC (the "Applicant") submitted three variation applications for 234 7 North Cleveland A venue (the "subject property") . 1 The subject property is zoned RT-4 and is currently improved with a paved parking lot. The Applicant proposed to construct a three-story, single-family home (the "proposed building") with an attached garage and a deck above the attached garage located approximately 5 . 5 ' above grade (the "proposed deck"). In order to permit the proposed building and the proposed deck, the Applicant sought variations to: ( 1 ) reduce the rear setback from the required 3 7. 7 1 ' to 33 .75 ' ; (2) increase the allowable building height from the permitted 3 8 ' to 39. 1 3 ' ; and (3) locate 1 35 .97 square feet of the 393 .97 square feet of rear yard open space to be located on the proposed deck2•

A. The Hearing

II . PUBLIC HEARING

1 At hearing, the Applicant withdrew its application to reduce the north and south side setbacks. The Applicant a lso greatly reduced its request to reduce the rear yard setback. Previously, the App1icant had sought a variation to reduce the rear yard setback from the required 3 7.7 1 ' to 5 .46 ' . 2 As such proposed deck was more than 4 ' above grade. See Section 1 7- 1 7-0309 of the Chicago Zoning Ordinance.

CAL. NOs. 292-20-Z, 293-20-Z & 294-20-Z Page 2 of 9

The ZONING BOARD OF APPEALS held a public hearing on the Applicant 's variation applications at its regular meeting held on September 1 8, 2020, after due notice thereof as provided under Sections 17-1 3-01 07-A(9) and 1 7- 1 3-0 1 07-B of the Chicago Zoning Ordinance and by publication in the Chicago Sun-Times. In accordance with the ZONING BOARD OF APPEALS' Rules of Procedure (eff. June 26, 2020), the Applicant had submitted its proposed Findings of Fact. In accordance with the ZONING BOARD . OF APPEALS ' Emergency Rules (eff. September 9, 2020)3, the Applicant had submitted all documentary evidence. The Applicant's manager Mr. Andrew Smith and the Applicant's attorney Ms. Kate Duncan were present. Also present were the Applicant' s general contractor Mr. David Berger, its architect Mr. Chris Boehm and its certified land planner Mr. George Kisiel. Testifying in opposition to the applications were Ms. Megan Scarf, Ms. Jennifer Kamieniak, Ms. June Rosner and Mr. Marshall Eisenberg (collectively, the "Objectors"). The statements and testimony given during the public hearing were given in accordance with the ZONING BOARD OF APPEALS ' Rules of Procedure and its Emergency Rules.

The Applicant 's attorney Ms. Kate Duncan provided an overview of the variation applications. In response to a question from the ZONING BOARD OF APPEALS, Ms. Duncan provided some clarification as to some changes in the requested variations. 4

The Applicant offered the testimony of its manager Mr. Andrew Smith in support of the applications.

The Applicant offered the testimony of its general contractor Mr. David Berger in support ofthe application.

The Applicant offered the testimony of its architect Mr. Chris Boehm in support of the applications.

The Applicant offered the testimony of its certified land planner Mr. George Kisiel in support of the applications.

Ms. Megan Scarf, of 2349 North Cleveland, offered testimony in opposition to the applications.

Ms. Jennifer Kamieniak, of 235 1 North Cleveland , offered testimony in opposition to the applications.

Ms. June Rosner, of 2329 North Cleveland, testified in opposition to the applications.

3 Such Emergency Rules were issued by the chairman of the ZONING BOARD OF APPEALS in accordance with his emergency rule-making powers set forth in the Rules of Procedure. 4 The Applicant withdrew its request for reductions in the north and south side setbacks. The Applicant a lso decreased the relief requested with respect to the rear yard setback. Originally, and as noted in footnote 1 above, the Applicant had sought a rear yard setback variation from the required 3 7 .7 1 ' to 5 .46 ' . However, at the hearing, the Applicant significantly decreased this request from the required 3 7 .7 1 ' to 3 3 .7 5 '.


Mr. Marshall Eisenberg, of 2343-47 North Cleveland , testified in opposition to the applications.

In response to the Objectors' testimony Ms. Duncan made further statements.

· B . Criteria for a Variation

Pursuant to Section 17- 13- 1 1 07-A ofthe Chicago Zoning Ordinance, no variation application may be approved unless the ZONING BOARD OF APPEALS finds, based upon the evidence presented to it in each specific case, that : ( 1) strict compliance with the standards of the Chicago Zoning Ordinance would create practical difficulties or particular hardships; and (2) the requested variation is consistent with the stated purpose and intent of the Chicago Zoning Ordinance.

Pursuant to Section 1 7- 13- 1 1 07-B of the Chicago Zoning Ordinance, in order to determine that practical difficulties or particular hardships exist, the ZONING BOARD OF APPEALS must find evidence of each of the following: ( 1 ) the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of the Chicago Zoning Ordinance; (2) the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and (3) the variation, if granted, will not alter the essential character ofthe neighborhood .

Pursuant to Section 1 7- 13 - 1 1 07-C of the Chicago Zoning Ordinance, in making its determination of whether practical difficulties or particular hardships exist, the ZONING BOARD OF APPEALS must take into consideration the extent to which evidence has been submitted substantiating the following facts : ( 1) the particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the property owner as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out; (2) the conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification; (3) the purpose of the variation is not based exclusively upon a desire to make more money out of the property; ( 4) the alleged practical difficulty or particular hardship has not been created by any person presently having an interest in the property; (5) the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located ; and (6) the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

III . FINDINGS OF F ACT.

After careful consideration of the evidence, testimony and the entire record, including the Applicant 's proposed Findings of Fact, the ZONING BOARD OF APPEALS hereby makes the following findings with reference to the Applicant 's applications for variations pursuant to Section 1 7- 1 3- 1 1 07-A of the Chicago Zoning Ordinance:

CAL NOs. 292-20-Z, 293-20-Z & 294-20-Z Page 4 of 9

1 . Strict compliance with the regulations and standards of the Chicago Zoning

Ordinance would create practical difficulties or particular hardships for the

subject property.

The subject property is located within the Mid-North Historic District . Consequently, all proposed construction on the subject property must be approved by the Permit Review Committee of the Commission on Chicago Historical and Architectural Landmarks (the "Landmarks Commission"). The Landmarks Commission required the proposed building to feature a setback that could provide a transition between the property to its immediate north, which has no front setback, and the property to its immediate south, which has a front setback of just nearly 40' . As a result, the Landmarks Commission required that the proposed building's front setback be 20', which is 5 ' greater than the 1 5 ' required by the Chicago Zoning Ordinance.5 Further, the subject property has no access to an alley. The lack ofrear alley access affects the available configurations of the building that can be built upon the subject property.6 In this case, such lack of alley access necessitated the placement of a driveway at the front and to the side of the subject property, reducing the buildable area at the subject property. Further, the subject property (as can be seen from the plat of survey) is irregularly shaped in that it has an angled rear property line. This, too, impacts what can be built on the subject property. There is also the presence of a Commonwealth Edison utility pole (the "utility pole") toward the northeast comer of the subject property and the consequent need to set aside reasonable access to it for workers similarly impacts the feasible design of any building constructed upon the subject property. Without the variations, construction upon the subject property would not be practicable for the Applicant and the subject property would remain underutilized . Indeed, the subject property as been used - as noted in Mr. Kisiel's report - as a surface parking lot since at least 1 962. As such, the ZONING BOARD OF APPEALS finds that these factors make strict compliance with the Chicago Zoning Ordinance a practical difficulty.

2. The requested variations are consistent with the stated purpose and intent of the

Chicago Zoning Ordinance.

The requested variations and proposed project are consistent with the stated purpose and intent of the Chicago Zoning Ordinance, specifically by : ( 1 ) protecting the character of established residential neighborhoods pursuant to Section 1 7- 1 -0503 by allowing construction of a structure that is in harmony with

5 Section 1 7-2-0 3 0 5 -B of the Chicago Zoning Ordinance. 6 Note, in fact, tha t the subject property has been used as surface parking lot since at least 1 962 .


the Mid-North Historic District as can be evidenced not only by the proposed building's height but also the proposed building's front setback; (2) maintaining orderly and compatible land use and development patterns pursuant to Section 1 7-1 -0508 of the Chicago Zoning Ordinance by proposing a plan of development that is (and can be seen in Mr. Kisiel's report) consistent with the existing development in the neighborhood; and (3) maintaining a range of housing choices

. . .

and options pursuant to Section 17- 1 -05 12 ofthe Chicago Zoning Ordinance by activating an underutilized lot.

After careful consideration of the evidence, testimony and the entire record, including the Applicant's proposed Findings of Fact, the ZONING BOARD OF APPEALS hereby makes the following findings with reference to the Applicant 's applications for variations pursuant to Section 17- 13- 1 107 -B of the Chicago Zoning Ordinance:

1. The property in question cannot yield a reasonable return if permitted to be used

only in accordance with the standards of the Chicago Zoning Ordinance.

The Applicant would be unable to achieve a reasonable rate of return if forced to develop the subject property in strict accordance to the Chicago Zoning Ordinance. Without the variations, the third floor would have to be removed and the floor plates would have to be shortened, resulting in significantly lower sales prices. Without the variations, the Applicant's return would be -5.83%, while with the variations, the return would be 1 0.2%. The ZONING BOARD OF APPEALS therefore finds that the subject property cannot yield a reasonable return without the variations.

2. The practical difficulties or particular hardships are due to unique circumstances

and are not generally applicable to other similarly situated property.

The subject property's location in the Mid North Historic District, its lack of access to a public alley in the rear, its angled rear property line and the presence of the utility pole at the northeast corner are particular hardships that are unique to the subject property and are not generally applicable to other vacant property in the City of Chicago (the "City").

3. The variations, if granted, will not alter the essential character of the

neighborhood.

The ZONING BOARD OF APPEALS takes judicial notice that the Landmarks Commission is charged with preserving the character ofneighborhoods7,

7 Section 2- 1 20-5 80(3)of the Municipal Code of Chicago.

CAL. N Os. 292·20-Z, 293-20-Z & 294-20-Z Page 6 of 9

encouraging the preservation of places, including neighborhoods, thereby preventing future blight8 and encouraging orderly and efficient development that recognizes the special value to the City of its landmarks9 . In this light, the Landmarks Commission's Permit Review Committee reviewed and approved plans for the proposed building. Subject to that approval, and in order to maintain harmony between the subject property's neighboring improvements , the Landmarks Commission required the subject property to provide a transition between the 0' front setback of the building to the immediate north and the 40' front setback of the buildings to the immediate south. The variations therefore allow the Applicant to construct the proposed building while complying with the Landmarks Commission's requirement. The modest reduction to the rear yard open space is for the garage, and as the garage is only approximately 5 .5 ' above grade and is located at the rear of the subject property, such rear yard setback reduction will not alter the essential character of the neighborhood. The variation to increase the height of the proposed building is so that the first floor of the proposed building can match the roof of the garage (and therefore allow for the proposed deck). It is also part of the negotiation with the Landmarks Commission as the Landmarks Commission wished to ensure that the proposed building was consistent with the height of other improvements in the area. In fact, the proposed building will not be the tallest structure on the block. The variation to relocate a portion of the required rear yard open space is due to the angled rear property line and will not affect the adjacent properties. Indeed, and as can be seen from the site plans and elevations, the proposed building is respectful to the neighboring improvements and will not alter the essential character of the Mid -North Historic District.

After careful consideration of the evidence, testimony and the entire record, including the Applicant's proposed Findings of Fact, the ZONING BOARD OF APPEALS hereby makes the following findings with reference to the Applicant 's applications for variations pursuant to Section 17- 13- 1 107 -C of the Chicago Zoning Ordinance:

1 . The particular physical surroundings, shape or topographical condition of the

specific property involved would result in a particular hardship upon the property

owner as distinguished from a mere inconvenience, if the strict letter of the

regulations were carried out.

The subject property contends with the lack of alley access to the rear, the presence of the utility pole, its angled rear property line and its location in the Mid-North Historic District. These factors limit the building configurations available to the Applicant . As Mr. Smith testified, the Applicant needs to improve the subject property consistently with other properties in the neighborhood in order to realize a reasonable rate of return. Without the

8 Section 2-1 20-5 80(6)of the Municipa! Code ofChicago. 9 Section 2-1 20-5 80(8) of the Municipal Code ofChicago.

CAL. NOs. 292-20-Z, 293-20-Z & 294-20-Z Page ? of 9

variations, the Applicant will not be able to provide a comparable residential option for the area and thus will experience a negative return on investment.

2 . The conditions upon which the petition for the variations are based would not be

applicable, generally, to other property within the same zoning class.ification.

The conditions upon which the Applicant's request for variations are not generally applicable to other property within the same zoning classification. Properties within R T-4 zoning districts -and indeed, any zoning district- generally do not lack rear a11ey access, are not encumbered with a utility pole, do not have angled rear property lines and are not located within a landmark district .

3 . The purpose of the variations is not based exclusively upon a desire to make more

money out of the property.

The ZONING BOARD OF APPEALS finds that purpose of the variations is to allow the construction of a structure that will have little impact on its neighbors, comply with the requirements of the Landmarks Commission and yet yield a reasonable return for the Applicant. The variations are therefore not based exclusively based upon a desire to make more money out of the subject property. Indeed, and as pointed out by Mr. Kisiel at the hearing, the Applicant is not maximizing the floor area ratio for the proposed building, as the Applicant will be using less floor area ratio than permitted .

4 . The alleged practical difficulty or particular hardship has not been created by

any person presently having an interest in the property.

The particular hardships or particular difficulties - that is, the lack of rear alley access, the presence of the utility pole, the angled rear property line and the location of the subject property within a landmark district - precede the Applicant's ownership of the subject property and are not attributable to the Applicant 's actions.

5 . The granting of the variations will not be detrimental to the public welfare or

injurious to other property or improvements in the neighborhood in which the

property is located.

The variations will enable the subject property to provide safe and secure parking for its residents while maintaining a harmonic transition between the front setback of its north and south neighbors. They will also allow the residents of the subject property to have adequate outdoor space, notwithstanding the angled rear property line. Further, they will ensure that there is still adequate access to the utility pole. As such, the ZONI�G BOARD OF APPEALS finds that the variations_ will not be detrimental to the public welfare or injurious to other property in the neighborhood .


6. The variations will not impair an adequate supply of light and air to adjacent

property, or substantially increase the congestion in the public streets, or

increase the danger of fire, or endanger the public safety, or substantially

diminish or impair property values within the neighborhood.

The proposed variations will not impair adequate supply of light and air to the adjacent properties. The variations allow the subject property to feature a front . setback that is 5 ' larger than required and in harmony with adjacent buildings. Moreover, the proposed variation in allowable building height is just over one foot that what is permitted, which is a negligible amount. The rear setback reduction request is modest and will allow for the garage. Such garage will be approximately 5 .5 ' above grade, which will not impair an adequate supply of light and air to adjacent properties. The variation to relocate a portion of the required rear yard open space to the proposed deck will also not impair an adequate supply of light and air to adjacent properties. The variations enable the subject property to overcome its lack of access to a public alley in the rear and permit the inclusion of a three-car garage. As such, there will be no increase in the congestion of public streets. The proposed building will be built in accordance with building permits and will thus not increase the danger of fire or endanger the public safety. The proposed building will not impair property values within the neighborhood . Indeed, as can be seen from the plans and drawings, it will likely - due to its conformance with the standards of the Mid North Historic District - increase property values in the neighborhood. The variations to the rear yard setback and the minimum allowable building height are slight. The variations will allow the subject property to be transformed from its underutilized use as a paved parking lot to the proposed building.

IV. CONCLUSION

For all of these reasons, the ZONING BOARD OF APPEALS finds that the Applicant has proved its case by evidence, testimony and the entire record , including the Applicant 's proposed Findings of Fact, covering the specific criteria for a variation pursuant to Sections 1 7- 13- 1 107-A, B and C ofthe Chicago Zoning Ordinance.

The ZONING BOARD OF APPEALS hereby approves the Applicant's applications for variations, and the Zoning Administrator is authorized to permit said variations.

This is a final decision subject to review under the Illinois Administrative Review Law, 735 ILCS 5/3 - 10 1 et seq.

CAL. NOs. 292-20-Z, 293-20-Z & 294·20-Z Page 9 of 9

I, Janine Klich-Jensen, staff person for the ZONING BOARD OF APPEALS, certify that I cau�d t s to be I ed in the USPS mail at 1 2 1 North LaSalle Street, Chicago, IL on v ·;?-- , 2020.

am i - City of Chicago

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