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All Forum Posts by: Samuel Pavlovcik

Samuel Pavlovcik has started 2 posts and replied 201 times.

@Jonathan Klemm thanks for the mention

@Ali Farhat Jonathan is correct that you may still have some opportunity depending on the Zoning designation for the lot, and how many existing units are Legally Recognized by the City.
You can Check the Zoning Designation here on the Chicago Zoning Map
From there, you need to check the requirements for your lot based on the Chicago Zoning Ordinance (Note: RS-3 does not mean 3 Units. You need to check the Zoning Ordinance for more info).

Feel free to reach out to me directly with the property address if you would like some more assistance in determining how many units you can have "By Right" on the lot which is a calculation based on Total Lot Area dependent on the zoning designation. If you can't add any more units "By Right" and you are Not within any of the ADU Pilot areas, then the only current option would be to hire a Zoning Attorney and try to obtain a "Zoning Map Amendment" where you would legally change the zoning designation for your specific lot in order to permit you to add another unit.

Post: Chicago Architect with proper credentials

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

@Tom Brown, I believe what was meant here was for an Architect in Chicago who is "Self-Certified" which is an accrediation Architects can obtain with the City of Chicago which permits us to follow an expedited permit review path on qualifying projects (remodel of a single-family home with new dormers would qualify. A Self-Certified permit review would likely only take a few weeks; as compared to 4-6 Months for a project which is not "Self-Certified" and needs to go through the "Standard Plan Review" process.

A Zoning analysis should be performed for your property ASAP using a Plat of Survey to ensure you would be allowed to build what you want to build, and check for any potential "Setback" concerns when it comes to adding Dormers... Feel free to reach out and I would be happy to assist!

Post: Refinish enclosed rear porch? Do I need permits for this?

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

One additional clarification on my post related to the possible "Restriction" from deconverting a multi-unit to a single-family residence. This Only applies to RT and RM Zoned Lots that are located within "Community Preservation Areas" and are also within specified distances to CTA Lines as designated in the TSL Ordinance requirments.

@Jonathan Klemm thanks for the mention

@Jane Mun this is definitely a unique type of case in terms of compliance with the Building and Zoning Departments. Based on your description, it sounds like you have an existing Coach House property (located at therear of the lot) which is Legally a 2-Unit building but at some point was converted to a 3-Unit building.

First and foremost I wanted to clarify that RT-4 does not mean your property is "Zoned for 4 units". RT-4 means is a residential zoning district that allows for a density of 1 residential unit per 1,000 sq.ft. of lot area. With a standard chicago lot being 25'x125' = 3,125 sq.ft. you would only be permitted to have 3 residential units "By Right" (3,125/1000 = 3.125 = 3 units). In general, you would need to have a lot size of 4,000 sq.ft. or more in the RT-4 district to be permitted to have 4 Units.
In regards to the Attic level unit. If the existing coach house is only 2 units, then yes technially you could obtain a building permit o legalize the unit. You could also obtain a building permit to convert this to a "Duplex-Up" condition. Each would have their own concerns/standards to work with, but the means of egress would be a concern regardless (a bit more leniency if it is a duplex-up). All of that being said, in the eyes of the City, if they do not have any record of work ever being done to finish the attic space then regardless of if you make it separate unit or a Duplex, you would need to obtain a building permit and bring all work completed upo to "Current Code Compliance". This means that you may need to open up walls to expoise plumbing, electrical, hvac, etc. in order to show what was done, and if the work completed is Not up to current code standards, the work would need to be replaced.

Work within any coach houses can still be a difficult process to manage with the City, but they are getting better with updates to the zoning ordinances. It sounds like the other additional issies related to the existing structure would also require some significant work for remediation, so there is definitely more to be analized in terms of the existing structure.

In regards to wrecking the existing structure and building new, that would definitely be the easiest thing in terms of a Code Compliance perspective; however, I assume the financial portion of a project of that scale would be significantly more than any renovation work you want to do the existing structure.

In terms of trying to add a 2-story addition onto the existing coach house structure(or any type of addition), this would Not be permitted without obtaining significant Zoning Variations (which have no guarantee of approval). Additionally, you would not be permitted to add additional units to the existing coach house structure with an addition (again in terms of Zoning).

The full details are a bit unclear without the actual property address and plat of Survey, but you can feel free to reach out to me directly if you would like some assistance in further analyzing yoir specific property. In general there definitely sounds like there would be some difficult components of trying to do any type of expansion for the existing coach house and again, RT-4 does not mean you are permitted to have 4 Units (unless you have a 4000 sq.ft. lot or larger).

Post: Refinish enclosed rear porch? Do I need permits for this?

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

@John Warren and @Jonathan Klemm thanks for the Mentions.

The City rececntly terminated it's "Eazy Permit" process and replaced it with the "Express Permit" process. Based on the new information provided by the City for what can Qualify; I would say this likely could Qualify for an Express Permit. That being said, they would likely still require Architectural Plans...

The biggest thing with these rear enclosed porches is determining (as based on the City's eyes) if/when they were Legally enclosed, or if they are technically supposed to have remained as an Open porch. We Honestly see this all the time, all over the City, and the fact that you're looking to do it in a Safer way speaks highly. Unfortunately, while that Should make things go more smothly with you through the City, it doesn't always work that way.

A majority of the time, the City is willing to just "Accept the fact" that these enclosed porches exist, and as long as they are maintained in safe conditions you can continue to utilize them. The scope/work you were mentioning about just insulating, finishing, and making it nice would definitely be permitted, as long as the City doesn't decide to come back with a comment saying "Our records indicat this porch is an Open porch, please provide existing photographs"... When they decide to concern themselves with this, they will look at the old Sanborn Maps to see whether the porch was indicated as open or enclosed. The City has their own modified version of the Sanborn maps in their archives which, from what i've heard, have some additional hand-noted information on them, which they will utilize from time to time... To be honest, on over 100 building permits last year in the City of Chicago, with many of them having some form of enclosed porch, I think only 2 were ever mentioned by the Department of Zoning where they brought it up as a "Concern" which led us on a wild goose chase of finding and sharing information, overally causing unnecessary delay to the permit review process and eventually coming to a close (some positive, some negative). In one case, we even had the City tell us the 2-story home we were renovating was only noted as a 1-story home in their records. Fortunately we were able to shut down the rediculousness in that case but it still wasted time...

In the end, I would say if you were to pursue this work with a permit, it woild likely go through with no issues or concerns whatsoever; however, it's not a 100% guarantee. Additionally, the structure for these porches is commonly undersized and may need repair work including but not limited to sistering joists and providing steel angle brackets at the notched beam to column connections. One other potential concern that could arise in the field, is the basement unit in the case where it happens to not be unit which is "Legally Recognized" by the City. You should likely already know this information, but if not there are ways of confirming as well. In the end, a majority of inspectors would likely appreciate the fact that you will end up improving the condition and make it safer; especially if you are not trying to use the space as additional utility space or living space; just as long as the Zoning Reviewer doesn't pick your project to become an issue, or just as long as you are not hiding an illegal unit which an inspector notices once on site...

One final note;

In regards to deconverting your property to a single-family residence in the future; with the Zoning TSL Expansion, many Zoning designations are restricted from deconverting properties away from an existing Multi-Unit condition. If you have a RS-1, RS-2, or RS-3 Zoned lot you would be permitted to do so, but if you have a RT or RM zoned lot you will likely be restricted. You can check yoir Zoning Designation online on the Chicago Zoning Map.

Post: Chicago Zoning Change Completed, Next Steps?

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

@Timothy Taylor, happy to help.

Yes a 39X125 lot would allow you to have 4 Units in the RT4 zoning, so no concerns there.

Your new building permit will need to show the "Conversion" from finished basement space to the new residential unit; that being said, in addition to adding then kitchen & closets, a few additional concerns may arise; hopefully all of which were resolved during the initial remodeling work; i.e. Light & Vent requirements (especially for the bedrooms), 7' clear ceiling height, eater service size, etc. Additionally, as a reminder to anyone who reads this, the permit to add that new residential unit within the existing building Will Not qualify for a self-certified permit review process which means you can expect a longer delay for permit review timelines...

Post: Chicago Zoning Change Completed, Next Steps?

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

@Jonathan Klemm, thanks for the Mention, I had to re-read this one a couople times but I think I know what happened here...

@Timothy Taylor, Obtaining the Zoning Map Amendment (Zoning Change) to RT-4 now "Permits you" from a Zoning Standpount to "Add" the 4th Unit (Assuming you have at least 4,000 sq.ft. of Lot Area). That being said, it does not "Legalize" the basement unit. In order to Legally Add/Legalize the Basement Unit, you would need to obtain a Building Permit and receive approval through the Department of Buildings (in addition to the Department of Zoning which you already to have the approval for). Did you get a building permit to add the 4th residential unit in the basement, or did you only get the Zoning Change completed?

To further clarify:

The RS-3 Zone allows for 1 and 2 unit residential buildings; and requires 2,500 sq.ft. of lot area per residential unit (with some exceptions). That being said, a standard chicago lot at 25'x125' = 3,125 sq.ft. would (commonly) only allow for 1 residential unit (3,125/2,500 = 1.25 = 1 unit).

The Zoning Map Amendment (Zoning Change) to RT-4 would allow for Multi-Unit residential construction and only requires 1,000 sq.ft. of lot area poer residential unit (3,125/1,000 = 3.125 = 3 units). First and foremost this means that you need to have a lot area of at least 4,000 sq.ft. to be permitted to have 4 residential units. Is your lot at least 4,000 sq.ft.?

If your lot is less than 4,000 sq.ft. you may have chosen the wrong Zoning Attorney to assist with the Map Amendment... If your lot is at least 3,600 sq.ft. you could still be able to get the 4th unit legally added; however, this would require a Variation and another request to the Zoning Board of Appeals...

@Jonathan Klemm is correct that we commonly will submit for a building permit and then during that process need to pursue a Zoning Variation for any special zoning issues. That being said the Zoning Map Amendment (Zoning Change) process is a bit different in that you will usually have your Zoning Attorney submit for the Zoning Change Before you need to engage an Architect to provide drawings and opbtain a building permit; as the Map amendment will need to be completed first, before the building permit is approved. I have a feeling this is where you are at.

Sometimes the Alderman's office or community group will want to see what you are "proposing" to build before you can get their support and actually get the Zoning Change approved; however, technically architectural drawings are not reuired (by the Zoning Board of Appeals) for the map amendment process.

Feel free to contact me directly if you would like me to look into your specific property in more detail.  With the property address (and a Plat of Survey) I can give you more clarity as to your specific situation; however, at this point I have a feeling you are going to need to get a building permit in order to actually permit the work to be done to add the basement unit.

If the Unit is already built out (recently or has been for years) the City will likely Still require you to obtain a building permit in order to "Legalize" the unit to where you could get the Zoning Cert to show 4 units...

Post: Re Zoning Property from RS-3 to RT3.5 or RT 4

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

@Nicolas Tow Your Architect is correct that it sounds like the only option for you would be to obtain a Zoning Map Amendment to change to RT3.5 or higher.

@Jennie Berger The RS-3 Zone allows for Single-Family residences & 2-Flats as "Permitted Uses"; however, the RS-3 Zone still requires 2,500 sq.ft. of lot area per unit (i.e. 5,000 sq.ft. for a 2-flat) unless the lot meets the exception for the characteristic of the block as previously mentioned by Nicolas; then it can be reduced to 1,500 sq.ft. per unit in order to construct a 2-flat. More complex than it needs to be, I know, but what else is new when dealing with the City of Chicago...

Nicolas, it looks like there is some "spot zoning" within the proximity and the first thing I would recommend would be reaching out to your Alderman. This looks to be in the 27th Ward which is Alderman Walter Burnett Jr. I would also recommend reaching out to a Zoning Attorney and checking to see if they may have any additional insight as to the feasibility of obtaining a Map Amendment in this area. Feel free to reach out for some contacts/recommendations.

Post: Converting Single Family into a Multi-Family

Samuel PavlovcikPosted
  • Architect
  • Chicago, IL
  • Posts 213
  • Votes 236

@John Warren thanks for the mention

@Anthony H. John is correct that the location of the property will make all the difference. Depending on the Zoning Designation within the city/village, this may or may not be a simple request. Some villages are now beginning to allow these types of conversions; however, it still varies on a case-by-case basis. The City of Chicago has a "Pilot Program" for ADU Conversion Units; however, it is still limited to certain boundaries within the City.

Feel free to reach out directly if you would like to discuss further or would like for us to take a look at your property specifically and give you some guidance regarding moving things forward.

@Jonathan Klemm thanks for the mention

@Glen Fernandes there are some options available for parking relief; that being said, there are some initial questions which would be helpful to have answered in order to provide the best asnwer to your question.

1) How many units is the property currently?

Note: Per code, you would be required to provide 2 parking spaces for a single-family residence, or 1 parking space per unit for a multi-unit. That being said, this property would be grandfathered in for a "non-conforming condition" of providing 0 parking spaces. If you are Adding a new unit to the building, you would need to add 1 parking space for the unit. I.E. if it is is 2-unit building and you are adding a 3rd unit, you would need to provide 1 new parking space. If it is a single-family home and you are adding 2 units, then you would need to provide 2 new parking spaces.

2) Size of Lot, Zone, Etc.

There is another concern for the requirement to provide "Rear Yard Open Space" (RYOS). Depending on the zoning designation and the number of units, there will be varying requirements for the overall sq.ft. and minimum dimension of the space required to be provided. Your parking cannot reduce the required RYOS, and when you are adding additional units, you may end up being required to provide More RYOS, which could further take away from available parking.

As far as exceptions to reducing parking:

- There was a "Transit Orientated Developmnent" Ordinance that was expanded as the "Connected Communities Ordinance" in 07/22 for which some properties could also qualify for parking reduction dependent on Zoning Designation

- There are Administrative Adjustments (Much easier & faster than a Zoning Variation) available to reduce the required parking spaces by up to 100% in some cases

Additional Info:
- The minimum size for a parking space would be 8' wide x 18' deep. Based on the size/dimensions you provided above, you could potentially have room for up to 2 parking spaces

- When adding new units to an existing building, the project Would Not qualify for the expedited "Self-Certified" permit review process

- When adding new units to existing buildings, those spaces must be 100% brought up to current codes. Unlike remodeling work where you can get away with not opening walls in areas that are not within the scope of work and "whatever is existing can remain".

- Due to your unique narrow lot condition you could run into a few other concerns. For example, while you appear to have a vacant lot next to your property; it will be irrelevant when considering the Natural Light and Ventilation required to be provided to the space, as the minimum 3' clear distance is measured to the property line, not the neighboring structure. This means that unless you own the vacant lot next door, or obtain a "Right of way" from them, you would be restricted from counting any windows along that side to comply with "Natural Light and Ventilation" concerns.