CITY HALL — The city's zoning board of appeals rejected a challenge to the rezoning granted to build an annex at Lincoln Elementary School Friday night, clearing the way for construction to begin.
There is still threat of a lawsuit by a group of neighbors, but Ald. Michele Smith (43rd) said she believes Friday night's 4-0 vote was significant.
"This ruling clears the way for the issuance of the building permits and we are ready to move forward," Smith said.
The legal matter that was discussed at the zoning board of appeals Friday was whether the city's zoning administrator erred in granting a zoning adjustment that would allow the school to be built up to the rear lot line.
Now that the zoning issue is over, Smith said she hopes the Public Building Commission moves fast to obtain building permits and get work underway.
A number of neighbors who have been opposing the addition have also filed for a temporary restraining order against construction.
A judge delayed ruling on that suit until the outcome of Friday's hearing was decided. It is set to be heard on Tuesday.
Friday's zoning hearing was attended by dozens of supporters of the annex as well as a crowd opposing it.
John Pikarski, the attorney for the neighbors opposing the annex, argued that zoning adjustments are typically granted for minor zoning changes without having to go through the full zoning board.
Under current zoning the 41,315-square-foot annex would be required to be built 37 feet from the lot line in the alley.
The question was whether the predominant setback of buildings in the neighborhood is in line with the 3.17-foot setback proposed for the annex.
Supporters of the annex have claimed the addition is necessary to solve overcrowding issues that have plagued the school for years.
Chicago Public Schools is currently leasing eight classrooms from DePaul University to make space for children, and will be leasing from DePaul again for the 2014-2015 school year.
The university has stated that it will not lease to CPS for a third year.
Construction of the four-story addition to the school at 615 W. Kemper Place was expected to begin in early August, but had been halted by the legal challenge.
The plans for the addition including building up to the rear lot line along an alley behind the school. That aspect of the plan required a zoning adjustment.
The annex is slated to be built on top of the 110-by-50 foot playlot that is used by the school and neighborhood, but will be replaced by a rooftop playlot. A small playground in front of the school will remain on the ground floor.
The legal challenges were filed by Jay and Jane Armstrong and Lynn Rosenberg, who argued the annex would eliminate open space, reduce "light and air to surrounding properties," and hurt home values.
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