WICKER PARK — The owner of an 1890s-era home in Wicker Park's Landmark District said he was unaware he needed to get approval from the city before demolishing his home's wooden porch and replacing it with a new brick one.
"We didn't mean to step on anyone's toes. We love the color choice of the bricks, which matches the home, and we thought it was perfect. We were very surprised to find out we needed a permit at all," said Leigh Ballen, a real estate lender who lives at 2023 W. Pierce Ave.
According to a bright orange sticker affixed to the gate in front of the Ballen family home, recent porch renovations have violated a city code that requires a permit for construction, alteration or demolishing.
"It's illegal to remove [the sticker]. Everyone stops and reads it and tries to figure out what we did wrong. It's a learning experience," Ballen said.
The "stop work order" was issued on June 2, but the new brick porch was already completed, Ballen said.
A stop work order in front of 2023 W. Pierce Ave. [DNAinfo/Alisa Hauser]
Ballen said he did not obtain a building permit to get the renovation done and that he spent about $5,000 on the new porch, which he arranged about a month ago through a contractor who he says advised him that a permit was not necessary.
Ballen bought the home, just west of Damen Avenue on a double lot with a side yard, for $1.74 million in August 2007, county records show. He said he has not done any formal landscaping or improvements in the front yard until this spring.
"The [previous] stairs were not original to the home and were dilapidated. They were always undersized and shoddy and weren’t anything to preserve. We saved over the years to afford to do the landscaping and wanted the brick to match the home," he said, adding, "We thought we nailed it, putting in bushes and trees... It used to be a mud pit."
Deputy Commissioner Peter Strazzabosco, with the city’s Department of Planning and Development, said the Department of Buildings issued the stop work order at the request of Landmarks Commission staff "because the construction project was not lawfully permitted."
"The applicant is required to submit a permit for the work, which will be subject to review by the Department of Buildings and Commission on Chicago Landmarks staff. The owner did not contact Landmarks Commission staff in advance of the work," Strazzabosco said.
When asked if he would be willing to remove the new porch and restore it with a wooden one, Ballen said he would be shocked if the Landmark Commission would ask him to do that.
"Something beautiful and appropriate, for us to destroy it when there are masonry stairs up and down the block? We would be shocked if they ask us to do that. The issue is they had the right to sign off on [the project]. We greatly value the Landmark District. We love the neighborhood and want to be consistent," Ballen said.
Strazzaboso said that once a proper permit application is submitted and reviewed, city staff will determine if the work meets code requirements and if any additional action must be taken by Ballen.
Though fines can start at $400 for violating the building code, Strazzabosco said that no fines have been issued to date.
Ballen said he is in the process of seeking the permit retroactively
Ed Tamminga, chairman of the Wicker Park Committee's Preservation and Development subcommittee, said the neighborhood group supports the "stop work" order.
"Not only is it a violation to build in a Landmark District without approval from the commission, but it is outright illegal to construct structural elements such as a stairs without a building permit. If this had gone through proper submittals, the owner would not be facing the likelihood of having to build the stoop twice," Tamminga said.
The home's wooden porch,"Before," and the "After," or new brick porch. [Assessor's Office (old); DNAinfo/Alisa Hauser (new)]
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