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Property owners challenge zoning decision in high-stakes appeal

August 29, 2024 | Evanston, Cook County, Illinois


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Property owners challenge zoning decision in high-stakes appeal
In a recent meeting of the Land Use Commission, property owners Donna and Mitchell Harrison appealed a zoning determination regarding their adjacent property at 1525 Judson Avenue. The appeal centers on the zoning administrator's classification of the yard where a proposed two-story detached garage and accessory dwelling unit (ADU) is to be built. The Harrisons contest the interpretation that Davis Street constitutes the front yard and Judson Avenue the street side yard, arguing instead that the proposed structure is located in the side yard, which would violate zoning regulations.

Jeff Smith, representing the Harrisons, emphasized that the appeal is a narrow legal question rather than a broader debate about the merits of ADUs in Evanston. He urged the commission to focus on the specific zoning interpretation rather than the political implications surrounding ADUs. Smith noted that regardless of the outcome, ADUs will continue to be constructed in the area, and the appeal is primarily about ensuring a fair hearing on the zoning classification.

The commission is tasked with making a determination based on zoning code section 6419a4, with the potential for further appeal to the circuit court if necessary. The meeting highlighted the complexities of zoning laws and their implications for property development in the community.

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Scribe from Workplace AI
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