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Hazelton v. Zoning Bd. of Appeals

OPINION FILED APRIL 22, 1977.

JOHN W. HAZELTON ET AL., PLAINTIFFS-APPELLEES,

v.

THE ZONING BOARD OF APPEALS OF THE CITY OF HICKORY HILLS ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. EDWARD F. HEALY, Judge, presiding.

MR. JUSTICE MEJDA DELIVERED THE OPINION OF THE COURT:

Defendant Charles Parsons, building commissioner of the City of Hickory Hills, denied the application of plaintiffs for a building permit for a room addition to their existing residence in the City of Hickory Hills (City). On appeal, the defendant, Zoning Board of Appeals of the City of Hickory Hills (Board), sustained the denial. Plaintiffs filed a complaint for administrative review and the circuit court reversed the decision of the Board.

On appeal, defendants contend: (1) that the Board may properly take notice in the instant hearing of its actions, findings and decisions from a prior variation proceeding involving the same property, construction, and applicants; and (2) that the Board's decision was not against the manifest weight of the evidence.

We affirm the trial court. The pertinent facts follow.

At prior proceedings held on June 14 and June 21, 1974, the Board at plaintiffs' request conducted a hearing for a rear-yard set-back variation of the City of Hickory Hills Zoning Ordinance, Ordinance 70-2, to construct a room addition to their existing residence, there designated as 8800 West 93rd Street. The Board denied the variation.

On January 31, 1975, plaintiffs submitted an application for a building permit, which designated the address of the property as 9250 So. 88th Avenue. The defendant building commissioner denied the application on the same date, noting thereon "Variation for the room addition was denied by Hickory Hills Zoning Board of Appeals and this permit is therefore denied." On February 3, 1975, plaintiffs filed an appeal from the permit denial with the Board. The Board held hearings on March 31 and April 4, 1975.

At the permit hearing, plaintiffs introduced a plat-sketch showing the location of the existing dwelling and the proposed room addition. It indicated a corner lot measuring 126.75 feet along the south line adjacent to 93rd Street; 82.07 feet on the east line adjacent to 88th Street; 127 feet on the north line; and 82.35 feet on the west line. It further indicated the existing residence with a "front yard" along 93rd Street having a depth of 30.3 feet, and a "front yard" along 88th Street of 19.78 feet; a "present side yard" of 23.75 feet and the "proposed side yard" of 10.25 feet on the north line (opposite the lot line on 93rd Street); and a "rear yard" 65.22 feet in depth on the west line (opposite 88th Avenue). The plat also stated the address of the property as "9250 S. 88th Ave. formerly 8800 W 93 St."

At the hearing before the Board plaintiffs additionally introduced into evidence their application for the building permit, the notice of appeal to the Board, and the Zoning Ordinance of the City of Hickory Hills. The only evidence introduced by defendants at the Board hearing consisted of the testimony of defendant Parsons that only he had a right to change an address in Hickory Hills.

The Board took the matter under advisement and issued its findings and decision on April 18, 1975, wherein it took notice of its prior denial of plaintiffs' variation request, stating in part:

"7. This board finds again that the rear yard of the appellants' property was established by the original plat of subdivision of the appellants' property, and has its frontage on 93rd Street, as more fully described in the records of this board's public hearing on the HAZELTON PETITION FOR VARIATION, and its finding of fact as aforesaid.

8. This Zoning Board of Appeals further finds that the proposed room addition for which the building permit was applied for was the same room addition that the variation was applied for, which said variation was denied.

9. This Zoning Board of Appeals of the City of Hickory Hills further finds that the Building Commissioner could not issue a building permit for the proposed addition for the reason that the issuance of said permit would have overruled the decision of this Zoning Board of Appeals of June 24, 1974, and that the respondent, CHARLES PARSONS, could only deny the permit."

The Board then sustained the denial of the plaintiffs' application for a building permit.

Plaintiffs thereafter filed a complaint for administrative review with the circuit court of Cook County. Defendants there presented a petition for leave to file as an additional part of the record a copy of the Board's prior decision denying plaintiffs' variation request. The petition was denied. Following a hearing upon the complaint for administrative review, the court reversed the Board's decision as ...


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