All Forum Posts by: Samuel Pavlovcik

@Mark Ainley thanks for the mention

@Arthur Chou in short, there are three potential ways to get this done.

1) The RT-3.5 Zone allows for 1 residential unit for every 1,250 sq.ft. of lot area. This means that if you have a slightly oversized lot at 3,750 sq.ft. you Would be allowed to add a 3rd Unit "By Right" in accordance with the Zoning Ordinances. If you have a standard 25' x 125' lot (3,125 sq.ft.) you would be a bit short...

2) If you are slightly under the required 3,750 sq.ft. and have some uniqueness to the lot, you may be able to obtain a Zoning Variation to reduce the required amount of lot area per unit in order to allow you to add the 3rd unit. That being said, in this case you would need to hire an Attorney and be able to prove a "Hardship" as to why this should be approved. We did just get one of these approved for a project in Pilsen during last months ZBA Hearing; however, that was a unique lot because the rear of the lot was clipped by a diagonal alley...

3) The final option would be to obtain a full-on "Zoning Change" (Zoning Map Amendment) where you would change the Zoning designation of your individual lot from RT-3.5 to something higher like RT-4. The RT-4 designation allows for one unit for every 1,000 sq.ft. of lot area, which means that as long as you have a lot with 3,000 sq.ft. or more, you could add the 3rd unit.

Note: Any ZBA request (Variation or Map Amendment) is not guaranteed. It can also easily take 6+ months to get throught the process, and you would likely needed to have initiated a Zoning Attorney and an Architect prior to the submittal, hence why as @Mark Ainley had noted, many people would commonly opt for the "Duplex Down" option instead, where you dont gain the benefit of a 3rd unit, but you do gain the benefit of adding the additional sq.ft. as part of the 1st floor unit's finished area.

Hope this helps!

@Paul De Luca thanks for the mention

@Kenneth Garrettand @John Warren are noth correct in their comments. I assume you are doing some work to finish the basement which is prompting this requirement. Yes it would need to be replaced (and enlarged) for it to qualify as an Egress window. Depending on the overall scope of work along with the requirements specific to the Village, you may or may not need an architect.

Additional Specific notes for basement egress windows in IL:

- The window must be openable from the inside without the use of keys, tools, or special knowledge.
- If there is more than one sleeping room in a basement, a means of egress is required in each sleeping room.
- It must provide an unobstructed opening with a minimum area of 5.7 sq. ft. (This requirement drops to 5 sq. ft. for grade floor or below grade openings).
- The height of the clear opening must be at least 24" and the width must be at least 20".
- The sill height must not be more than 44" above the floor.
- If the sill height is below grade, the window must have a window well.
- If required, the window well must be at least 9 sq. ft. in an area with a horizontal projection and a width of at least 36" each.
- Window wells deeper than 44" must have permanent steps or a ladder that do not impede the opening of the window.
- A drain will be required at the bottom of the Exterior window well.

@Ryan Monty, Based on your notes, there are definitely a few things you had mentioned that will save you mponey including Not adding any bathrooms or a Kitchen. By avoiding adding any plumbing fixtures, you can avoid a costly requirement for a Water Service Upgrade.

Finding a basement with a minimum 7'-0" finished ceiling height would also be a big concern, as mentioned by @Henry Lazerow, digging the basement down can be a pretty costly job, especially if it needs more than just a few inches.

When finishing a basement as habitable space, you will also need to provide the required Natural Light and Ventilation for all new "Habitable spaces" including bedrooms and living spaces. This means you would need to replace Glass Block for operable windows, and potentially add more windows depending on what is existing and the size of the spaces they are serving. This is obviously more expensive with a masonry building compared to frame; however, can still be a significant issue. One additional concern for "Natural Light and Ventilation" is the distance from the exterior wall to the property line, as you will need a minimum of 2.5' from the window to your propertyline for remodeling work (or 3.0' for additions/new construction) in order for the windows to be counted towards the "Natural light and Ventilation" requirements. This can obviously make an impact to how the space/rooms are orientated.

One concern with finding a building which already has the "in-law" suite is that the work may have been done illegally, without a permit, which could cause issues down the road if you are looking to do any other remodeling within the building. If work was done illegally, without a permit, when we obtain a new permit for the propsoed remodeling, new stair, etc. they can require All work done illegally to be brought up to current codes.

@Paul De Luca and @Jonathan Klemm, thanks for the mentions.

@Josh Spears Based on what you are looking to do, you would Definitely need to obtain a building permit through the City. As many have mentioned, this means hiring a Licensed Architect to draw up plans including Architectural, Structural, Mechanical, Electrical, and Plumbing information related to the Existing building and proposed scope of work, and to submit for the building permit.

Some "Good News" here is that since you are Occupying the building as your primary residence, and since it is only 3 Existing units, you would be able to handle some of the work yourself, as the City will allow you to act as GC, as well as Plumber, and Ventilation contractor. Note; and Owner-Occupant cannot Act as the Electrician for the project Unless they are in fact, a licensed ELectrician... While this can save you some money by utilizing your own "Sweat equity"; the City of Chicago can definitely be difficult to navigate, especially when it comes to getting Inspections. I have also heard horror stories of inspections being 5 weeks out from the time you call to schedule, which means that reinspections needed for failed inspections, can cause a Huge delay in timeline and therefore greatly impact profitability. Working with a GC who is familiar with the City can definitely proove to be More than worth the extra money you spent if you get the right people.

Whether or not you woudl be "Permitted" to add the unit would come down to compliance with both the Zoning Ordinances, and the Building Code. The Zoning Ordinances are typically the first roadblock, as depending on the Zoning Designation of your lot, and the overall square footage, you will be limited to a Maximum number of units allowed. If you do in fact have RM-5 Zoning, you are likely in a good position to be allowed to add a 4th unit "By Right" assuming you dont have a significantly undersized lot.

If for whatever reason you Cannot add the unit "By Right"; none of the Bronzeville area is included in any of the "ADU Pilot Areas" so that would not be an option for you; which means you would need to try to obtain a Zoning Variation which can be a long and expensive process with No guarantee of approval.

After it is determined that you can Legally Add the unit in accordance with the Zoning Ordinances; you will then need to ensure you meet the Building Codes for the new unit. Some of the Main "Big Ticket" concerns that frequently come up for Basement units include:

- Ceiling Height: You need a minimum of 7'-0" for "Habitable" space with some exclusions for soffits, bathrooms, etc. This may mean breaking up the slab and trying to dig down; which can have limitations based on the depth and condition of the existing foundations/footings, which when necessary can lead to Significant structural concern if it is determined that Structural Underpinning is needed.

- Natural Light & Vent: You will need to provide Natural light and ventilation to the newly finished "Habitable space". This likely means adding new windows which can definitely be expensive with Masonry construction, and depending on how tall the windows can be (due to existing conditions) you may need to add quite a few. You will also need to ensure that your windows providing natural light and vent to habitable spaces meet the minimum distance requirements from the propertylines. This means you may be Forced into locating your bedrooms Only on one side of the building.

- Water Service: Most existing water service lines to buildings are Lead service lines and are "Undersized" in order to supply the existing building in accordance with the latest Plumbing codes. That being said, if you are Adding fixtures (Bathroom, kitchen, laundry, etc.) you will be increasing the "Fixture count" and bring the building further out of compliance; therefore prompting a Water Service Upgrade (Which the City has been pushing pretty hard on). Depending on which side of the street the Main service line is on, you could find yourself trenching accross the entire street in order to run your new line, and also potentially needing an underground "Meter Vault" at the exterior of the building in order to maintain a meter that is "Publically accessible". As you can imagine, all of this can be a Huge cost, and you wont see the same "Benefit" of return on your investment as you would by spending that same money on cosmetic finish upgrades in the kitchens and bathrooms...

- Electrical Service: Since you are adding a new unit, you will need to priovide for a new electrical panel dedicated to that unit. Additionally, you will also need to ensure that each of the 3 existing units are already on their own panels, and that there i already a 4th Common electrical panel (5 panels in total for a 4 unit building). Depending on the conition of the existing panels they may need to All be replaced, and depending on the Size and condition of the existing Service line to the building, it may need to be replaced/upgraded in order to handle the extra Load of the basement unit.

One final note regarding the actual Permitting of this type of project. As @Crystal Smith had mentioned, finding a "Self-Certified" Architect can definitely provide great benefit as they have the opportunity to singinficantly reduce the permit review timeline on certain project types. Unfortunately, the City of Chicago considers Adding a New Unit within an Existing Building a "Disqualifying Feature" from the Self-Cert permit review process, which means your project will need to go through "Standard Plan Review" which will take significantly (think months) longer.

There's plenty more to mention and discuss on this specific topic, but I'm going to cut myself off here. (Thanks for coming to my TED Talk).

Hopefully this helps to provide a little more insight as to what would be Required by the City in order to legally add that 4th, Basement unit; which tends to be a Lot more than what most people may expect.

@Mario Morales, Glass block is permitted to be used/remain; however, @Tom Shallcross is correct about the Natural Light and Vent requirements. For Habitable/Living spaces, there is a requirement for Natural Light equivalent to 8% of the floor area, and Natural Ventilation equivalent to 4% of the floor area. The City does not count Glass Block when calculating for Natural Light or Ventilation; which is why it would be "Against Code" in a living/bedroom space and would need to be replaced with an Operable Window.

@Carini Rochester does make a good point as well, as this is very common in the suburbs whenever you have a bedroom; however, the City of Chicago does not require Egress sized openings for R-5 Occupancy (1-3 Unit residential buildings) until the 3rd floor above grade.

@John Warren, thanks for the mention!

@Veronica Calvillo, We are not the cheapest Architect in the city; however, I assume our prices do seem to be relatively "investor friendly" considering how may of our clients are Real Estate Investors. Additionally, we do a lot of work within the City of chicago and have a good handle of what to expect when it comes to dealing with the City... Feel free to reach out directly if you would like us to take a look at your property and discuss the scope of work and potential concerns you may run into.

@Jonathan Klemm, I did have one client who got hit with a Vacate Notice on the existing finished basement of their 1st floor Duplex-Down unit because it was less than 7'. That being said, it wactually ranged between 6'-5" - 6'-10". In the end; they would have had to dig-down the basement in order to achieve the necessary height, and then ended up just deciding to vacate the basement and convert it to "Heat and Storage" and ended up loosing all of their rentable potential from the basement level...

Most of our clients see it as too much of a risk to try to keep the existing basement floor when it is around 6'-11" - 7'-1" rough. Typically these old basement slabs are something like a 3/4" thick slush coat of oncrete over dirt, and are sloping slightly towards floor drains which means the floors are not level, and the ceiling height can range a bit. All it takes is one inspector to be perticular about the measurement, and it could cost you your entire basement, or add the cost of trying to lower the slab After you completed your remodel, which means a lot of rework...

One additional bit of information related to the City of Chicago Building code which I hope will help someone in a tight situation down the road. In basements of R-5 Occupancy Buildings (buildings containing 1 to 3 residential units and no other occupancy/use) are Not required to have drywall at the ceiling!:

In accordance with the City of Chicago Building Code Title 14B:
14B-6-601
Table 601
Type V-A construction:
Floor Construction and Associated Structural members:
The table notes a 1 hour fire resistance rating; however, in accordance with exception (g):
"In single family dwellings, the floor construction over basements and unexcavated spaces
below the first story above grade plane is not required to have a fire-resistance rating."

Additionally, 14B-2-202 Defines a Basement as:
“Basement: A story that is not a story above grade plane.”

Additionally, 14B-6-605 notes:
“Except in buildings of group R-5 occupancy, floor construction over basements shall have a
fire-resistance rating of not less than 1 hour.”

This means that if you are Very close to missing the 7'-0" mark, you can leave the ceiling unfinished and measure from the floor finish (a thin LVT or Vinyl tile would be recommended) and the Underside of the Joist.

Note: Rooms containing gas-fired appliances (i.e. Utility/Laundry rooms) shall have 1 layer of 5/8” Type-X drywall on both sides of the surrounding walls, and 1 layer of 5/8” Type-X drywall at the ceiling. This won't be an issue for the ceiling height, as these areas are allowed to be less than 7'-0" as previously noted in this thread.

@Jonathan Klemm thanks for the mention.

@Abby S. The codes can definitely be a bit confusing. 1st and foremost it's important to ensure you are using the correct code! I noticed your link was actually to the previous Chicago Building Code "13B". The City of Chicago updated their code in 2019 to "14B". I have proivided the link below for your convenience:

https://codes.iccsafe.org/cont...

In accordance with 14B-12-1207.2

"Occupiable spaces and corridors shall have a ceiling height of not less than 7'-6" above the finished floor"

However, immediately following that note; the code then lists a few "Exceptions" to meeting this requirement. Exception #2 would apply to your condition:
"Within a dwelling unit or sleeping unit in a Group R occupancy, habitable spaces and hallways shall have a ceiling height of not less than 7' above the finished floor. Bathrooms, toilet rooms, and laundry rooms shall have a ceiling height of not less than 6'-8" above the finished floor"

Additionally, in th following paragraph 1207.2.1; it also notes an exception for similar residential conditions which allows "Furred Ceilings" (Ductwork, Structural Beams, etc) to be permitted as low as 6'-4".

In Short; the Diagram you posted indicates the correct conditions that would apply to your residential basement. (Assuming this is a residential building)

Hope this helps to clarify things for you. Feel free to reach out to me directly if you have any other questions or would like to discuss a few other concerns you may run into during your remodel to Duplex your 1st floor unit into th basement.

@Tom Shallcross thanks for the mention

@Olivia Parker It's unfortunate to hear about your situation. You are correct that this project Does Not qualify for self-cert; as the "Increase in number of dwelling units in an existing building" is specifically listed as a Disqualifying Feature. This is regardless of whether it is "By Right" or via a Zoning variation or the ADU process.

You can find the full rules for the Self-Certification program at the link below. The "Disqualifying features can be found at the bottom of pg. 19, Table D:

https://www.chicago.gov/conten...

As far as the current status of your project; the fastest path to approval would definitely still be to move forward with your current permit as submitted. Based on your screenshot, the only reviews pending are Ventilation, Arch/Fire, and Zoning. It is likely that there have been "Revisions" issed to the Architect with comments from these departments regarding questions they need to answer or revisions to the drawings that they need to make. If you were to resubmit, you would be sent back into the bottom of the queue and require re-review by All departments. You would also loose out on any permit fees paid thus far (not counting Zoning, so likely just a $350 deposit) which you would need to re-pay at your next submittal. From my understanding if you received the Zoning Variation approval, it is tied to the property, not the permit, which means you would Not need to go back through the entire ZBA Hearing process; however, you would need to ensure that the new submittal would meet the same provisions as the Zoning Variation allowed for and not ask for more.

Only your Architect would know why they are trying to avoid finishing the project but it definitely seems strange considering they were willing to offer a full refund. I'm sure they have already spent more time on the project than expected as well. I have a few assumptions as to why they are trying to avoid proceeding forward; however, without actual facts it is difficult to know.

I'm not too sure if there's anything else I could do to assist here, but you can feel free to contact me directly if there is anything else I could do. I would be willing to speak with your Architect and try to gain a better understanding of the situation. I am hopeful that there may be a way that we could assist them in order to persuade them to stay on your project and get things moving forward again. In the worst case, we would be able to assist you with a whole new permit; however, that definitely seems like it would be everyone's last option here.

@Garfield M.
Very interesting with their note about the "Pro Tip". The Chicago Cityscape blog tends to be a pretty reliable source of information. I will definitely discuss with the building department as we receive our Denial Letter for our current project which I had previously mentioned; as I do believe this would Not qualify for an Administrative Adjustment base don how the ordinance was written. We shoudl receive the Denial letter within the next few days/week so I will keep you updated what I find. If we do detemine that this Must be a Variation; I will try to reach out to Cityscape to inform them as well of this issue.