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Karasik v. City of Highland Park

NOVEMBER 20, 1970.

RUBERTA KARASIK, PLAINTIFF-APPELLANT,

v.

CITY OF HIGHLAND PARK ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Lake County; the Hon. J. SEIDENFELD, Judge, presiding.

MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT: Plaintiff appeals from the judgment of the circuit court confirming the refusal of the Zoning Board of Appeals of Highland Park of a variation to reduce a yard restriction on a corner lot. She had sought the variation to enable her to extend and rebuild an existing porch into an enclosed room. The following plat with the proposed extension superimposed is illustrative:

The lot, zoned residential, meets the width and area requirements of the city zoning ordinance. It is improved with a two-story, single family residence which was built prior to the zoning enactments in question. The principal entrance fronts on Lincolnwood Road, which is also the residence address.

The various yard provisions of the Highland Park Zoning Code, which the parties have cited, include the following:

"Highland Park Zoning Ordinance, Article VII `C' Single Family Dwelling District Regulation.

Section 7-13. Front yard:

(a) There shall be a front yard having a depth of not less than forty (40) feet. * * *

(c) On a corner lot there shall be a front yard on each street side of such lot, except that the front yard on a side street, may be reduced in depth to the extent necessary to permit a buildable width on said lot of forty (40) feet, providing the depth of said yard shall not be reduced to less than ten (10) feet.

Section 7-14. Side yard:

(a) (With exceptions which are not applicable here) * * * there shall be a side yard on each side of a building having a width of not less than nine (9) feet. * * *.

Section 150.005:

* * * (54) `Yard, front' means a yard extending across the the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than projection of the usual step. (55) `Yard, rear' means a yard extending across the rear of a lot, measured between the side lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

(56) `Yard, side' means a yard between the main building and the side line of the lot, and extending from the front line to the rear yard line.

Section 150.040:

(3) On a corner lot there shall be a front yard on each street side of such lot, except that the front yard on the side street may be reduced in depth to the extent necessary to permit a buildable width on said lot of 40 feet, providing the ...


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