Process of Legalizing a Garden Unit? Chicago, IL

Process of Legalizing a Garden Unit? Chicago, IL

Member since 2020 · 5 posts · 1 vote

I read through the coding and zoning and the ceilings are 8 feet tall, it’s hardly below grade, has 2 legal bedrooms with a window and closet. 

2 exits 1 front 1 rear

the hang up I see is the windows, there’s only about 40sqft of windows, compared to the 1,000sf of habitable space. 

Has anyone had any experience around this condition or will it be nearly impossible to overcome?

2 Flat Zoned RT-4 Chicago IL 

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Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
6y

@Robert Trevor could you add more windows if you had too? It might not be cheap, but even in a brick building you can add windows by cutting out the bricks and adding lentils. You also might need to dig down and do window wells in some cases. 

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    @Robert Trevor if your jurisdiction requires inspections to allow rentals then have them come out. If zoning is in order-and it sounds like it is, the inspector might cite the windows in which case you add a couple, not a big deal. Some places require inspections and licenses for LL's. Some don't. All the best!

  • Member since 2018 · 4 posts · 1 vote
    6y

    I know it just got easier to have garden and grandma units. Read the new Chicago ADU ordinance. They are making it more lenient to legalize the units. Biggest thing you need are egress's

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    6y

    @Robert Trevor could you add more windows if you had too? It might not be cheap, but even in a brick building you can add windows by cutting out the bricks and adding lentils. You also might need to dig down and do window wells in some cases. 

  • Member since 2020 · 5 posts · 1 vote
    6y
    Originally posted by @John Warren:

    @Robert Trevor could you add more windows if you had too? It might not be cheap, but even in a brick building you can add windows by cutting out the bricks and adding lentils. You also might need to dig down and do window wells in some cases. 

    I think it'd be possible is there any guidance on the ADU ordinance and glazing? Can't find any updates to the code with respect to window sq ft

  • Architect · Chicago, IL · Member since 2020 · 214 posts · 236 votes
    6y

    @Robert Trevor the last update on the ADU Ordinance that I've seen since it was introduced on 05/20 and says it will be up for a final vote in June or July, and take affect on 08/01. That being said I wouldn't be surprised if it gets delayed with the whole COVID crisis, as the ZBA hearings were all delayed for months. Check out this thread for more info: https://www.biggerpockets.com/forums/664/topics/838814-chicagos-aduinsanely-powerful

    In terms of galzing. Chicago building code requires 8% of natural light and 4% of natural vent for living and bedroom spaces. Therefore a 1,000 sq.ft. open space would require 80 sq.ft. total of natural light, and 40 sq.ft. total of natural vent. I assume it is not going to be one large open space, so each living or bedroom space would need to meet this requirement based on the calculation provided.

    Based on the fact that you have 8' ceilings, and 2 exits, it should be in a pretty good position based on Architectural standards, all tho @John Warren brings up a good point regarding the additional extensive costs of adding windows in masonry buildings Vs. frame buildings, but if you have room to lower the sill instead of raising the top or widening the window, you will be able to save costs by reusing the existing lintels (Assuming they are in good shape) The only other concern would be the distance from the exterior face of the wall to your property line. If it is less than 2.5', they won't let you count it towards your natural light & vent calculations.

    RT-4 is already multi-unit zoning and based on the fact that its only a 2-flat you will likely be good to add at least 1 more unit "By Right" without any issues. Unless you have an unusually small lot... You also mentioned that it is "hardly below grade". If it is less than 50% below grade (from finished floor to finished ceiling) that floor would already need to count towards your FAR calculation. Hence why you find so many residential buildings in Chicago with basements that are practically 4'-1" below grade and 3'-11" above... It still would't be a problem if that unit already counts towards your FAR since it is existing; it just may have a negative effect on the building if you were ever to want to pursue building an addition onto it...

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