North Ave. Properties, L.L.C., v. Zoning Bd. of Appeals of Chicago, No. 1-98-4589
1st District, February 10, 2000
FOURTH DIVISION
| NORTH AVENUE PROPERTIES, L.L.C., an Illinois limited liability company, Plaintiff-Appellant, v. ZONING BOARD OF APPEALS OF THE CITY OF CHICAGO, ILLINOIS; JOSEPH J. SPINGOLA; DEMETRI KOSTANTELOS; LEROY K. MARTIN, JR.; GIGI McCABE-MIELE; and GDH INVESTMENTS, L.L.C., an Illinois limited liability company, Defendants-Appellees. | APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY HONORABLE THOMAS A. HETT, JUDGE PRESIDING. |
PRESIDING JUSTICE HOFFMAN delivered the opinion of the court:
The plaintiff, North Avenue Properties, L.L.C., appeals from a circuit court order confirming two decisions of the Zoning Board of Appeals of the City of Chicago (Board). For the reasons which follow, we: reverse the order of the circuit court; set aside the decisions of the Board; and remand this matter to the Board for further proceedings.
The facts relevant to the disposition of this appeal are not in dispute. GDH Investments, L.L.C. (GDH), is the owner of the property located at 934-44 West North Avenue in Chicago (hereinafter referred to as "the Property"). GDH applied for zoning certifications from the Zoning Administrator of the City of Chicago (Administrator) to allow the Property, which is located in a Planned Manufacturing District, to be used for retail sales and to allow the premises located at 955 West Weed Street, which is located in a General Manufacturing District, to be used as an accessory parking facility for the Property. The Administrator denied both applications on the basis that the proposed uses for which GDH sought certification did not conform to the Chicago Zoning Ordinance (Ordinance)(Chicago Municipal Code