Zoning Change RS-2

[Kevin Harner]

Good afternoon everyone!  Hoping somebody could hep me with a few questions as I have some questions about the re-zoning process in Chicago.

Long story short, I am a homeowner with a vacant lot next to me that is owned by someone else.  We bought a flipped house that originally was a double lot (with separate pins) and the flipper rehabbed our house and left the vacant lot undeveloped.  They have held it for 3 years as there have been issues with them getting approval to build on it, attempting to decrease the variance, and some unsavory interactions with blatant dishonesty on a variety of topics.

Let me be clear, I have no issues with them building on it.  The lot is small and has building on both sides of it, which is going to make it smaller than they want for a fresh build.  It's probably the reason the previous owner had it as their yard to begin with.

The address is 5444 N Ludlam Ave, Chicago, IL 60630 if someone is willing to take a look. It's the 45th ward and I will talk to the alderman as well as he had previously denied a building permit a few years ago.

Question #1 - It's currently zoned as RS-2, as are pretty much everything else for a few blocks in every direction.  After speaking with the owner, they told me that they're are trying to have it re-zoned.  No specifics more than that.  I would assume they are attempting to make RS-3, as from what I understand, this would give them more floor area ratio as RS-2 is .65 and RS-3 is .90.  It looks like changing to RS-3 would also make the variance on the sides slightly less.

Am I correct in that the benefits from this potential zone would be increased density capability as well as a decreased variance?

Question #2- What is the process for approval of a zoning change?  As far as I understand it, there is a committee meeting at city council for on zoning, landmarks, and building standards in which these applications are discussed?  I have a few questions around the process itself.

2a.  How do I find out if there has been a request to have the lot re-zoned?  I was told by someone at Zoning Amendment office (I called there by mistake and couldn't get a hold of someone from the Department of Zoning) that the current owner is required to mail a letter or put a sign in the yard stating they are attempting to re-zone it.

Is this true?  I would assume this is to give notice that a meeting/hearing is going to happen?

2b.  Are these meetings public?  If so, do I need to give notice of attendance?

Am I looking in the right place for this potential meeting with the link here?  

https://chicityclerkelms.chicago.gov/Meetings/?bodyId=ED9FC7...

2c.  If that is the correct link, will the property address be listed in the agenda?  The agenda isn't up for the next meeting yet (about a week ago).

2d.  Does anyone have a point of contact for someone with the Department of Zoning or see a phone number to call so I can ask some questions about the process?

I see the Zoning Ordinance Administration has a phone number of (312) 744-5777, but is this the right place to call?  I mistakenly called the Zoning Amendment Office and she was helpful, but said they only handled amendments, not actual zoning changes.

Question #3-  What is the likelihood of this being successfully re-zoned.  As I said, it looks like everything in our immediate area is zoned as RS-2.  They attempted to petition the neighborhood for a decreased variance 2 years ago and weren't successful getting any support so I'm not sure they even attempted to file an amendment 2 years ago.

I really appreciate any response.  It's a process I am not familiar with at all and hope to learn more.

[Kevin Harner]

Thanks for responding @Jonathan Klemm.  You are somewhat correct.  We would be interested in purchasing the vacant lot to use as a yard, but it's also totally fine if we don't own it.  It would be a luxury expense, but also very cool to have for the dog to run around in.

If they want to sell it for a reasonable price, we'll do it (they want 200k, which is ridiculous).  If they want to build, I'm also totally fine with that.  I just don't want a 3 story building that is right next to my house that doesn't match anything on the block, causes water run-off to my foundation, etc.  The neighborhood was very vocal about this when they bought the lot 3 years ago from a woman who had lived there 50 years.

I would be surprised by any "hardship" argument as they actually had a building permit almost approved last year.  They got through the whole review and then had a debt somewhere, so the permit was never issued.  It showed for a while on the building permit website and showed it was conditionally approved.  From there it never fully issued as there was a denial for a line item of debt.  This was in August of 2024.  Nothing shows up when searching at this point and it dropped off the website about a month or two after the "denied" line for a debt was shown.

https://webapps1.chicago.gov/buildingpermit/home

I can't find any information of an approved permit anywhere.  I assume if it was approved, it would show on the website?

I think they're just realizing that developing the lot with the current zoning and buildings established next to it isn't going to be as profitable as they want, not that they can't build entirely.

Do you mind sharing the contact info for a zoning attorney?  It would be appreciated.