[DOWNLOAD] "Stemwedel v. Village of Kenilworth" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Stemwedel v. Village of Kenilworth
- Author : Supreme Court of Illinois
- Release Date : January 18, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Albert L. Stemwedel brought suit in the circuit court of Cook County to enjoin the village of Kenilworth from enforcing as
to his residence a zoning restriction prescribing a minimum rear yard depth of 25 feet. After a hearing the chancellor declared
the requirement unconstitutional in its application to the property, and granted an injunction as prayed. The village appeals,
contending (1) that the evidence fails to support the decree; (2) that incompetent evidence was admitted; (3) that the plaintiff
is estopped to deny the validity of the requirement; and (4) that the court by its decree undertook to change or modify the
restriction, thus exceeding the scope of its powers in the present proceeding. Under the provisions of the zoning ordinance รข€” which had been adopted prior to the time the land embracing the plaintiff's
premises was annexed and subdivided into lots รข€” minimum depths in a B-1 residence district are set at 40 feet for a front
yard, 6 feet for side yards, and 25 feet for a rear yard. Plaintiff's lot is 75 feet wide and 92 feet deep, upon which is
located a 7-room residence with attached two-car garage. This residence is presently built up to the setback line in front
and on the sides. Plaintiff desires to enlarge a presently enclosed porch on the rear of his residence, to be used as a "family
room." The porch line is approximately 20 feet from the rear lot line, and the proposed addition would be 4 1/2 feet farther
to the rear, or 15 feet 7 inches from the rear line. The distance to the garage of the neighbor on the west would be 31 feet,
and to that of the neighbor on the southwest would be 38 feet. The addition would be 60 feet from the nearest structure immediately
to the rear of plaintiff's property.