Quote:
Originally Posted by Sir Isaac Newton
Can you cite some examples of when the courts forced a developer to build a privately owned plaza on their property that was similar in nature to the plaza from the prior private development on that property? (or forced them to keep the existing plaza on the land that they owned)
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The city cannot force you to build anything, beyond zoning, unless you are in a landmark district, in which case they have some control over the design. They use FAR incentives and other negotiations that happen behind closed doors to get things like plazas into developments.
As far as maintaining plazas or open space, sure, there are plenty of them. If the City landmarks a building and includes the plaza, courtyard, even playground within the landmark designation, that land is not alterable without going through the city's process, and they have a right to deny it. So Nowhereman, actually, what you say is incorrect. Cook County taxes open space differently than built space, so it's perfectly fine to have people pay taxes on that land. And just like zoning, you are never guaranteed that you can build on every inch of your land. And zoning and permit rights do not exist into perpetuity.
One quick example that comes to mind is 860-880 Lake Shore Drive. There is no chance in hell the city would allow them to build on any inch of that open land. And they would not win in court if they tried.
Another example is every single building in a landmark district. Most of these are houses, which contain front yards. You cannot build in that front yard or in any other way alter the front of the property, and in some cases, on the side lots. What you do in the back, which does not impact the community or the public realm, is your own decision.
Now, since this property is a religious-owned building in Chicago, the city can do nothing as far as landmarking goes, and the points above are not valid. That is part of why there was no discussion whatsoever about landmarking this building.
One last comment, before everyone starts jumping all over how terrible this all is: The City tries to be very fair when it comes to these things. They in No Way abuse their power (rather, I think, use it too lightly). Typically, they would be more than glad to have a development in a vacant area, as they are tax-hungry, and money rules Chicago like nothing else. So, in the majority of cases, the land would get developed - witness the recent battle in Wicker Park that was "lost," where people were trying to save the playground on North Avenue. Landmarks sided with the developer and let them go ahead, and with a very modern design to boot. Still, supposing the existing building at Rush were landmarked, retaining the plaza would almost certainly be required - losing the plaza would destroy the building. Crown Hall would be a good example of this in effect today.