8559-94 Zoning - 3020 S Michigan St

Home Browse Search

NEMETH, MASTERS & SCHROEDER ATTORNEYS AT LAW Ms. Ann Puzzello October 5, 1994 Page Two Street for the new location of their home and office. As part of the condemnation decree, Mr. and Mrs. Polack are required to move their house from the 1010 South Michigan Street location by February 28, 1995. They had intended to move the house and have it relocated to the 3020 South Michigan Street site and ready for occupancy by Thanksgiving Day this year. Unfortunately, a complication has arisen which was not foreseen during the negotiations with the Redevelopment Department. The lot at 3020 South Michigan Street is zoned "B" Residential. Mr. and Mrs. Polack's intended use of this property for the real estate and insurance office was permitted under "B" Residential zoning until the enactment of Ordinance No. 8504-94 on May 23, 1994 which created the "0" Office use district. That ordinance changed Section 21-12 (4) of the Zoning Ordinance so that real estate and insurance offices (among others) are no longer permitted uses in a "B" Residential District. No one who was a party to the negotiations between the Redevelopment Department and Mr. and Mrs. Polack was aware of this zoning change before the transaction was finalized. The former owners of the property at 3020 South Michigan Street from whom Mr. and Mrs. Polack purchased the property also were not given notice of the zoning change. Mr. and Mrs. Polack checked with the Building Commissioner's Office before they accepted the condemnation award from the Redevelopment Department and closed on their purchase of the property at 3020 South Michigan Street and were not informed of the zoning change. In fact, on August 12, before Mr. and Mrs. Polack accepted the final condemnation award from the Redevelopment Department, their architect, who is coordinating the house moving project, went to the Building Commissioner's Office to confirm the zoning for the property at 3020 South Michigan Street. The architect was shown the zoning map to confirm that the site is zoned "B" residential and was shown the text of Section 12-12 (4) of the Zoning Code as it was written before the change under Ordinance No. 8504-94 . Their architect was told that was the most recent version of the Zoning Code. Mr. and Mrs. Polack based their acceptance of the condemnation award and their purchase of the property at 3020 South Michigan Street on the information that the property was properly zoned for their real estate and insurance office.