As a service to you, below is information regarding a growing problem: overbuilding for the lot size commonly referred to as "McMansions".  Many areas have suffered from this same problem and we are now seeing many examples of it in our backyard. The issues seem to be:

  

There are existing zoning rules regarding heights, setback from the sidewalk and lot lines, and total FAR (floor area ratio).  R-1 zoning has a 50% FAR, that is first and second floor living space, cannot exceed 50% of the lot square footage (basement and garages are not included.  R-2 zoning has a 65% ratio.  Most of our zoning is R-1.  We have an zoning committee that meets with the Alderman every month to carefully review any requests for zoning variances.  By the way, variances are now called administrative adjustments.  However, the first line of defense is the neighboring properties.  They have the most clout and must be proactive if they or their property will be affected by approval of the variances.  They have the "right of refusal".

 

The second issue is to be sure that what is being permitted is the same as what is being built.  In other words, is a permit for new windows being translated into a new family room.  Our first defense here is commonly referred to as the "Dog patrol", people out walking their dogs who notice what is being built and if it looks legitimate. If you see anything, whether a dog owner or not, that looks questionable you can call the zoning department and report it and/or contact us and report your suspicions.

 

We are the premiere area of single-family homes in Chicago and we must not lose our integrity and character.

Thirdly, we are not against change, but change must be, first of all, legal and should definitely take into consideration: scale, style and character, the effect on neighboring homes, compatibility and over taxation of infrastructure. Hopefully, most people would not want to knowingly build a "hummer house" or a "starter castle" that would stand out like a sore thumb from its neighbors.  That destroys property values.

 

Finally, you should not take this issue as anti-remodeling.  In the past 15 years, with more families moving in and needing space, there have been great and remarkable things done with homes that have kept them in unison with the neighborhood.

A recent City of Chicago campaign encouraged all Chicagoans to become more aware of building safety to ensure that the places where we live, work and play are safe. Department of Construction and Permits ("DCAP") Executive director Richard Rodriguez reminded homeowners that the city of Chicago requires a permit for the majority of home improvement and repairs. Building permits give you, your insurance company, neighbors and the City assurance that specific standards are met in constructing, repairing or altering your home or building by complying with the City Building code. If you have any questions about whether you need a permit, you can check on the DCAP website for the City of Chicago. The rule of thumb in determining if you need a permit is asking two simple questions: "Am I making changes to the structure of the house or building, such as walls or door openings?" and "Am I making changes to any mechanical system of the house or building, such as electrical, plumbing or heating?" If the answer is yes to either of these questions, a permit is probably required.  To get more detailed rules of thumb, follow this link.  You can obtain a building permit at any of these locations.

Further, the Commissioner of the Department of Buildings encourages everyone to call 311 to report unsafe building construction, demolition projects without permits, overcrowded residential units, vacant and openly dirty and dangerous construction sites. A community hotline is not a substitute for calling the city's 311 number if you believe that what is permitted is not the same as what is being built.

The subject of McMansions in our neighborhoods is a difficult one. On the one hand, investments in our community are a positive sign of its vitality and appeal. On the other hand, change can be painful when neighbors do not attempt to communicate plans or ideas to each other before moving forward. Time and expense can be saved by those seeking to construct new housing, if the builders seek to understand the neighbors' interests in addition to their own.

However, if the new homeowners want to build within the current zoning laws, they are within their rights to do so without interference or approval from anyone.

As discussed on our Real Estate Overview page, the Alderman reviews any request for variances, or administrative adjustments. However, if plans are not submitted to the city for permits properly, no administrative adjustment is considered or approved at all. If the property owner needs an administrative adjustment before a permit is issued, not only will the Alderman review the application for administrative adjustment, but also adjoining neighbors to the property owner will receive a notice in the mail concerning the application. The neighboring owners have the right to object to the adjustment and should either call the Alderman's office or the DCAP, as listed on the notice. If you do not respond to the notice, you will be deemed to have agreed to the adjustment. The Alderman and her staff consider the effect of the administrative adjustment on the project itself, i.e. whether the adjustment improves the site, while not setting a bad precedent for other projects or far exceeding any of the existing rules.

Setbacks have recently generated some heated discussion. Although many of the homes in our area are setback 35 feet from the sidewalk, current Chicago zoning rules permit building new homes that are setback only 20 feet from the sidewalk. It has been reported that many of the property deeds were originally drafted with restrictive covenants that specify a 35 foot setback. The current enforceability of these restrictive covenants is being researched further by our zoning committee. Restrictive covenants are sometimes found on the title of the deed or the plat of survey and are rarely reviewed during the permit process.