zoning attorney in Chicago? legalizing illegal attic unit

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zoning attorney in Chicago? legalizing illegal attic unit

Carmen Graves
Rental Property Investor · Chicago IL, United States · Member since 2018 · 17 posts · 14 votes

Hi BP! My husband @Peter Graves and I are new RE investors. Yesterday we closed on our first property, a 2-flat with illegal attic unit in Irving Park … yayyy!!! We plan to househack.

We are wondering whether it would possible to legalize the attic unit. Some info about the house: It was built in1902. We found a map from before 1950 that shows the property as a 2.5 multi-family. Each unit has its own electric and gas, and there are 2 exits in each level, although there is no kitchen in the attic unit. Recent water bills show it as a 3-flat. Zone: RS-3

We would really appreciate it if you can share your experiences on this. We've reached out to a zoning attorney but we are also looking for more recommendations for zoning attorneys. Thanks in advance!

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Brie SchmidtBusiness Member
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Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
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@Carmen Graves - only the alderman can approve a zoning change.  If he says no you can go hire 10 attorneys and the outcome will be the same

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  • Peter Halliday
    Rental Property Investor · Arlington Heights, IL · Member since 2017 · 243 posts · 108 votes
    7y

    @Carmen Graves congrats. I paid an architect to come out in a situation like this and they weighed in on whether it was likely to be compliant or not.  In the case of the attic, it's going to be tough, because it was never intended to be a unit most likely.  Another place you can call to discuss this is the alderman's office.j  You should also look at the zoning map, to see what the zoning is for that area, and that will tell you what you can build.  You'll likely have an easier time duplexing into the attic space instead.  You can also pay the zoning board to come out and weigh in on it too, but this could be a can of worms too.   

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  • Account Closed
    Attorney · Skokie, IL · Member since 2016 · 270 posts · 109 votes
    7y

    @Carmen Graves I have GC who I use. We recently bought a property on dickens and had his architect change the layout to add square footage and it went pretty smooth. I believe the zoning would allow for three units but each unit would need to have entry exit ways, ceiling height and maybe even a parking allocated to it. These are just some of the issues that my GC had brought up. I'm happy to put you in touch with him directly. 

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  • Brie SchmidtBusiness Member
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    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
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    @Carmen Graves - your property is currently grandfathered in as the current zoning is SFH. You will not be able to add another unit unless you get a zoning change to RT. From there it will depend on what kind of density the alderman will give you - so you need to start with him.

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  • Brent Watanabe
    Architect · Milwaukee, WI · Member since 2017 · 28 posts · 7 votes
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    You might be able to argue an accessory use, though it would still require you to go through zoning to get it.  Either way you'll probably end up needing permit drawings and a GC/subs willing to certify work already completed.  That's just to "legalize" what you currently have.

    You're saying there are 2 separate entries into the attic already? That's pretty interesting in itself, considering the attic has no kitchen.

    Would definitely love to hear what the zoning attorney has to say about this!

    Brent Watanabe, AIA LEED AP

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  • Carmen Graves
    OP
    Rental Property Investor · Chicago IL, United States · Member since 2018 · 17 posts · 14 votes
    7y

    Thank you all for the responses! To clarify, this is already more of a 3rd-floor full unit than your typical "attic" unit, the only thing missing is a kitchen. It has good ceiling heights, separate front and rear entry, decent size, etc.

    Do we necessarily need to go through a rezoning process to get the unit legalized, thus having a "legal 3-flat"? 

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  • Carmen Graves
    OP
    Rental Property Investor · Chicago IL, United States · Member since 2018 · 17 posts · 14 votes
    7y

    @Account Closed Would you recommend going directly to the alderman's office or starting with an attorney? If so, any attorney recommendation? 

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  • Brie SchmidtBusiness Member
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    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
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    @Carmen Graves - only the alderman can approve a zoning change.  If he says no you can go hire 10 attorneys and the outcome will be the same

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  • Jared W SmithBusiness Member
    Architect · Westchester County, NY · Member since 2018 · 682 posts · 476 votes
    7y

    @Brie Schmidt Why is a rezoning necessary? @Carmen Graves 

    I am not an expert in this locale however typically the burden of proof is on the property owner to prove the legality of the multi-unit property. If it is legally 3 separate units, even if the third unit doesn't have a kitchen, then it is grandfathered to this. Then they would need a design professional to create plans for adding a kitchen in. 

    The zoning would only come into play if the 3rd unit is not legal and the current zoning only allows up to 2-family properties.     

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  • Brie SchmidtBusiness Member
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    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
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    @Jared W Smith - read up a few posts, it is a legal 2 unit and now zoned as a SFH and is considered grandfathered in as a 2 unit. Any alterations or additional void our grandfathered status.

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  • Matt Plecki
    Specialist · Member since 2011 · 1 post · 0 votes
    7y

    I'll send you a PM

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  • Daniel Cullen
    Specialist · Chicago · Member since 2015 · 64 posts · 56 votes
    7y

    Attic living spaces can be deadly fire traps: https://wgntv.com/2019/01/30/2-people-killed-in-so...

    Aside from zoning please make sure that the smoke and CO detectors are interconnected with those in the spaces below and that there is an alternate way out of the space in the event of a fire. 

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  • Marco Morales
    Investor · Chicago, IL · Member since 2017 · 39 posts · 13 votes
    7y

    @Brie Schmidt is right. You need to contact your alderman to make a zoning change. Before talking an attorney or your alderman's office, I would consult with an architect. They will be able to tell you what the current zoning is and if you can add a legal dwelling unit. Most architect's have a zoning attorney they work with. That's IF you can re-zone the property.  

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