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1350 Lake Shore Associates v. Mazur-Berg

Case Date: 05/21/2003
Court: 1st District Appellate
Docket No: 1-02-1731 Rel

THIRD DIVISION
Filed: 05/21/03



No. 1-02-1731

1350 LAKE SHORE ASSOCIATES, an Illinois limited partnership,

               Plaintiff-Appellant,

                             v.

ALICIA MAZUR-BERG, Commissioner, Department of Planning and Development of
the City of Chicago, and CITY OF CHICAGO, an Illinois municipal corporation,

               Defendants-Appellees,

                             and

EDWARD T. JOYCE, CARL HUNTER, JOHN STASSEN, JOHN C. MULLEN,
CLARK W. FETRIDGE, ESPICIO F. VASQUEZ, and BERNARD J. MILLER,

               Intervenors-Appellees.

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) 		Appeal from the
Circuit Court of
Cook County.









Honorable
Julia M. Nowicki
Judge Presiding.



JUSTICE HOFFMAN delivered the opinion of the court:

The plaintiff, 1350 Lake Shore Associates (LSA), appeals from an order by which the circuit court: (1) refusedto compel the Zoning Administrator of the City of Chicago (Zoning Administrator) to issue LSA a zoning certificatein connection with certain plans it had submitted to the Department of Planning and Development of the City of Chicago(Department of Planning) for the construction of a high-rise building at 1320-30 Lake Shore Drive in Chicago; (2)refused to enjoin the City of Chicago and its agents from applying any provision of the Chicago Zoning Ordinancewhich would prevent LSA from developing the property in question in accordance with the terms of a certain residentialplanned development ordinance which was passed in November 1978; and (3) entered a declaratory judgment that LSAwas not entitled to either a zoning certificate or a building permit in connection with the plans it submitted to theDepartment of Planning. For the reasons which follow, we affirm in part, reverse in part, and remand with directions.

The following facts are undisputed. LSA has owned the property located at 1320-30 Lake Shore Drive (theproperty) at all times relevant to this appeal. On November 14, 1978, the Chicago City Council approved LSA'sapplication to amend the Chicago Zoning Ordinance by re-zoning the property in question from an "R8 GeneralResidence District" classification to "Residential Planned Development 196" (RPD 196), permitting the constructionof a high-rise apartment building. At the time RPD 196 was established, the Chicago Zoning Ordinance provided thata property owner who proposed to develop property as a planned development must do so "contemporaneously or withina proposed extended period of time commensurate with the character of the proposal but in no event to exceed 20 years." Chicago Zoning Ordinance