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Goeller v. City of Chicago

DECEMBER 2, 1968.

AUGUST GOELLER AND HELENE A. GOELLER, HIS WIFE, PLAINTIFFS-APPELLEES,

v.

CITY OF CHICAGO, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. CHARLES S. DOUGHERTY, Judge, presiding. Reversed.

MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT.

Defendant, City of Chicago, appeals from a Declaratory Judgment which ordered that its zoning ordinance as it applied to plaintiffs' property be declared null and void and held that the plaintiffs could use the premises to construct an apartment building subject to the R4 provisions of the Chicago Zoning Ordinance, with five dwelling units and five parking places in accordance with plans introduced in the case.

The validity of the provisions of the City's B4-1 classification is put in issue as applied to plaintiffs' property:

"CHICAGO ZONING ORDINANCE —

"8.3-4 PERMITTED USES — B4-1 to B4-5 RESTRICTED SERVICE DISTRICTS.

"A. Uses permitted in the B4-1 to B4-5 Districts inclusive are subject to the following conditions:

"(1) Dwelling units and lodging rooms other than those in a transient hotel or motel, are not permitted below the second floor unless otherwise set forth or superseded hereinafter. (Amend 7-10-61 Coun J page 5239.)

"(2) Business establishments are restricted to a maximum gross floor area of 18,750 square feet each, exclusive of any floor area devoted to off-street parking or loading facilities. (Amend 4-27-60, Coun J page 2501.)

"8.4-4 SPECIAL USES — B4-1 to B4-5 RESTRICTED SERVICE DISTRICTS.

"(3) Dwelling units may be established on the ground floor in B4-1 to B4-5 Districts only, subject to the side yard and rear yard provisions of the corresponding residential district; except for improved property, side yard and rear yard provisions may be otherwise permitted, subject to the provisions of chapter 66 of the Municipal Code. (Amend 7-10-61 Coun J page 5238.)

"8.6-1 MINIMUM LOT AREA — B1-1 to B1-5 LOCAL RETAIL DISTRICTS.

"(1) In a B1-1 District, there shall be provided not less than 2,500 square feet of lot area per dwelling unit, except in B1-1 District which fronts on a Section Line Street, Half-Section Line Street, or the following Major Diagonal Streets: Archer Avenue, Clark Street, Clybourn Avenue, Columbus Avenue, Elston Avenue, Grand Avenue, Higgins Avenue, Lincoln Avenue, Milwaukee Avenue, Northwest Highway, Ogden Avenue, Ridge Avenue, South Chicago Avenue, and Vincennes Avenue, there shall be provided not less than 1,650 square feet of lot area per dwelling unit. For efficiency units however, there shall be provided not less than 1,650 ...


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