Chicago BACP waiver - HELP

Maximos0
Level 1
Oakland, CA

Chicago BACP waiver - HELP

I received a letter saying that my registration was denied because the due to airbnb listing for non-primary residence in a building less than 4 units.  It looks like there's a way to apply for a waiver but I can't understand what documentation they are looking for... can anyone point me to resources or agencies that might be able to help?  I rely on the income to pay for the mortgage, and only have 10 days to appeal the decision =\

 

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(1) relevant geography; (2) relevant population; (3) degree to which the sought adjustment varies from the prevailing limitations; (4) the size of the relevant building and the number of units contemplated for the proposed use; (5) the legal nature and history of the applicant; (6) the measures the applicant proposes to implement to maintain quiet and security in conjunction with the use; (7) any extraordinary economic hardship to the applicant, due to special circumstances, that would result from a denial; (8) any police reports or other records of illegal activity or municipal code violations at the location; (9) whether the affected neighbors support or object to the proposed use.

 

25 Replies 25
Maribel83
Level 1
Chicago, IL

Hi Maximos, was this resolved and if so, how did you resolve the issue? I have received the same denial email from the city of Chicago and not sure how to obtain all of the information they are requesting. Any info you can provide will be greatly appreciated.

Alice439
Level 2
Chicago, IL

echoing sentiments form Maribel - any luck Max?

 

I have encounteres simliar problem and am not sure how to proceed

 

Airbnb: do you have any additional support?

 

Wendi25
Level 2
Chicago, IL

Hi @Maximos0 ! I also have a similar situation. Did you figure out how to do this, or find anyone to help? Any recommendations of lawyers or resources would be greatly appreciated, by many of us I'm sure!

 

 

Hi  - I'm in the same boat now. We just got the letter yesterday. We live in the three flat, just not in the unit and my understanding of ordinance based on pg 9 and talking to our alderman in the Fall was that we should be able to easily receive approval to rent one of the three units. However, it wasn't really an option on the landing page of air bnb submissions to choose owner-occupied building but not primary unit. Have you gotten any further on your search? I have a message in to the appropriate staff member at BCAP, but have no heard back yet.   A snipit of the relevant ordinance language I'm refering to, " 

 

Pg. 10 "if the dwelling unit is located in a building containing two to four dwelling units, inclusive, an attestation that such dwelling unit: (i) is the applicant’s or licensee’s primary residence; and (ii) is the only dwelling unit in the building that is or will be used as a vacation rental or shared housing unit, in any combination. ...

 

If the dwelling unit is not the applicant’s or licensee’s primary residence or is not the only dwelling unit in the building that is or will be used as a vacation rental or shared housing unit, in any combination, an attestation as to whether: (a) a commissioner’s adjustment under Section 4-6-300(l) permitting otherwise has been obtained, or (b) the applicant or licensee, as applicable, held a valid vacation rental license, as of June 22, 2016, for the dwelling unit;"

 

Where you able to get approved?

Jordan308
Level 1
Cicero, IL

Just got the same issue. After EXTENSIVE research, found the following for the appeal, Hope it helps! Wish us luck!

 

Application: https://www.chicago.gov/content/dam/city/depts/bacp/Small%20Business%20Center/cmsradjustmentapp51817...

 

Criteria: https://www.chicago.gov/content/dam/city/depts/bacp/Small%20Business%20Center/cmsradjustmentinstruct...

 

Criteria breakdown: https://www.chicago.gov/content/dam/city/depts/bacp/Small%20Business%20Center/20190430flyercmsradjus...

 

A “COMMISSIONER’S ADJUSTMENT” is a waiver that allows the operation of a shared housing unit or vacation rental
in three circumstances only:
1. The applicant’s dwelling unit is located in a single family home that is not the applicant’s primary residence;
2. The applicant’s dwelling unit is located in a building containing two to four units, where the dwelling unit is not the
applicant’s residence;
3. To increase the number of units allowed to be used for short term residential rental activity in a building containing
two to four dwelling units.


APPROVAL CRITERIA
A Commissioner’s Adjustment will not be granted unless the BACP Commissioner determines that such an adjustment
would eliminate an extraordinary burden on the applicant in light of unique or unusual circumstances and would not
detrimentally impact the health, safety, or general welfare of surrounding property owners or the general public.
The BACP Commissioner will review several relevant factors to determine whether the proposed short term residential
rental provider and short term residential rental should be granted a Commissioner’s Adjustment, in accordance with
Section 4-14-100 (for shared housing units) or Section 4-6-300(l) (for vacation rentals). BACP will solicit a recommendation
from the Alderman in whose ward the unit is located.

 

To advise the BACP Commissioner, please thoroughly discuss the following factors as they apply to your request:
1. Relevant Geography: What kind of neighborhood do you live in? Tell us about your community and discuss any
impacts or benefits a shared housing unit may cause.
2. Relevant Population Density: Who are your neighbors? Do you live in a sparsely or densely populated neighborhood?
What is the population?
3. Degree to which the sought adjustment varies from the prevailing limitations: How much will a grant of this
adjustment affect your community? How is your community zoned? Would a grant of this unit alter the established
zoning?
4. The size of the relevant building and the number of units contemplated for the proposed use: Tell us about your
building. Are you applying for multiple units? You must state exactly which unit(s) you are applying for.
5. The legal nature and history of the applicant: Discuss your legal background, including any violations of city
ordinances, state law, criminal proceedings, or the like. Discuss the ownership of your building and your unit.
6. The measures the applicant proposes to implement to maintain quiet and security in conjunction with the use:
How do you maintain your guest’s safety and security? What have you done to ensure your neighbors will not be
adversely affected by your house share unit?***
7. Any extraordinary economic hardship to the applicant, due to special circumstances, that would result from a
denial?***
8. Any police reports or other records of illegal activity or municipal code violations at the location?***
9. Whether the affected neighbors support or object to the proposed use: How do your neighbors feel about having a
house share rental in their neighborhood? You will be required to prove that neighbors are in support if your application
is to be approved. Additionally, you will need to prove that a copy of this application has been given to any neighbor
who shares a wall with your unit.

 

*** Please provide any documentation on these matters that you believe will be helpful for the Commissioner in making
a decision. It is essential that you provide proof that your neighbhors are in support of your application. Evidence of
this can be submitted through petitions, letters, or e-mails of support from your neighbors, or the like. Application
lacking this support will be denied

If anyone needs help with the Commissions Adjustment and what I did to get mine approved I can help you through the application process. 

 

Thanks,


Alex

@Alex1111 Would love to hear about it. 

@Megan493 if you want to reach out to me at ** I would be happy lend a hand. 

 

**[Phone number hidden due to safety reasons - Community Center Guidelines]

Hey Alex, I'm going through the same issue. I received the denial notice last Friday. I set up an airbnb in a 3-flat building where the unit is not a primary residence. Any assistance from you or the community on how to go about the process would be greatly appreciated. 

I'm currently drafting the letter to seek the adjustment. I am planning to discuss the factors they tend to consider in these, but I'm not exactly sure on the format and manner in which to draft it. 

Alex, could really use your advice. 

Any help woudl be great.  TIA!

@Emily 

Did you figure it out? I just got the same problem

@Alex1111 I would love your help! I just got my first appeal returned saying I didn't provide relevant details. I can't figure out what they're actually asking for.