Landmark Process Smoother in 2002, City Says

Building owners still fear landmark designation's effect on property values, and some of them are expected this week to argue against the process being used in the Armitage-Halsted retail area. However, the Commission on Chicago Landmarks points to numbers refuting arguments that complying with landmark rules causes frustrating red tape and delays.

With roughly the same number of permits to review in 2002 as it did the previous year, the department of planning and development's permit review staff approved nearly 80% of the applications from owners of landmark properties in one day. More than 91% were approved within two days, according to Eleanor Esser Gorski of the permit review staff, compared to 77% in 2001.

Meanwhile, only two permits out of 916, both for roof dormers in the Old Town Triangle District, were denied in 2002, according to her report.

"One of the most frequent criticisms of the landmark process is that it's a hassle," says Commission on Chicago Landmarks chairman David Mosena. "These statistics show that it's not a hassle."

Not that the process isn't without hitches, or sleepless nights for those involved. Attorney Jack Guthman shared his clients' run-in with landmark designation with the commission last week, when the Assumption School was recommended for preliminary landmark designation.

Robert A. Levin bought the three-story building at 319 W. Erie St. in the River North neighborhood in 2001 for $1.8 million, according to property records. After obtaining rezoning to allow for a condominium conversion and obtaining financing, he filed for a building permit in August 2002, Guthman says. That triggered a review by the department of planning and development, which is seeking to preserve the building constructed in 1899 because it was one of three facilities in Chicago established by Mother Francis Xavier Cabrini, the first US Roman Catholic elevated to sainthood.

"Assumption School stands as a fine example of a late 19th century urban school building, and its legacy is a testament to work Mother Cabrini accomplished," says planning and development commissioner Alicia Berg in a statement.

Levin agrees, Guthman says. "They want to be very loyal to the building that is there," he adds.

The owners' argument is the landmark process started after the permit was pulled. Guthman notes that once a permit is pulled, other issues such as zoning cannot be revisited. Guthman is confident Levin would win his case if he went to court.

"If we went to court, he would lose his contracts, he would lose his financing, he would lose his down payment, he would lose his dream," says Guthman, noting Levin also wanted to make the building his home and move from north suburban Wilmette. "Or we can have the agreement we've concluded with the staff. He couldn't afford this dispute."

A compromise is the landmark designation will apply only to the street side of the building, says Brian Goeken of the department of planning and development, rather than the entire 21,700-sf structure. He agrees the way the process works is not the procedure the department wants to follow. "We're not looking to kill any kind of project," he adds. "What we are looking for was to make sure these two goals could work cooperatively."