Politics & Government
City Files Suit: 'Big Blue' Statue Owner in Big Trouble
After ongoing "behind-the-scenes" efforts to negotiate, the city of Chicago has filed a lawsuit against the Burling Street property owner whose towering blue windmill statue is not up to code.
After months of negotiating with 43rd Ward Ald. Michele Smith and changing his mind about the terms of their agreement, a local business owner responsible for the Armitage and Burling blue windmill sculpture is being sued by the city.
The structure—coined "Chevron"—stands at about 30 feet tall and is stationed inside an 8-foot fence on the front lawn of a property at 1970 N. Burling St., which is owned by John Novak, property records show.
City attorneys have filed a public nuisance lawsuit against him, ABC 7 News reported on Wednesday.
"According to the suit, the sculpture and surrounding eight-foot brick wall 'threaten the character and stability of the area,' constitute an 'unlawful interference with the surroundings' and are a blight on the neighborhood," the story says.
Novak owns a construction business, according to Crain's Chicago Business. His windmill juts out over sidewalks around his property, officials have said. It was erected two years ago and was designed by famed artist, John Henry.
Smith was working with Novak in December to please neighbors who have detested the statue since it went up. But not everyone hates it.
"I live in the neighborhood, Lincoln and Armitage, and love this sculpture," Michelle Rose Marcus said, in the comments section of Patch's original story on the issue. "I applaud Mr. Novak for sharing it with the community. I am disappointed in Alderman Smith for buckling to a handful of neighbors."
Smith has been keeping neighbors in the know via occasional newsletters regarding progress with Novak.
" … The city determined that the homeowner never received the proper building permits to install the piece in its current location on the Burling side of the home, and failed to obtain approval to allow the structure to hang over the public right of way," she said.
"In addition, the homeowner constructed an 8-foot tall fence/wall along Burling Street that exceeds the permitted height for such a structure under the Chicago Zoning Ordinance."
Novak had agreed to place Chevron on the satellite campus of Northeastern Illinois University, in exchange for Smith rallying for him to obtain a zoning variance from the Zoning Board of Appeals to keep his fence.
However, on the date of the hearing, he changed his mind.
When confronted by ABC 7 reporters, he reportedly said, "I don't care if people like it. This is America."
"He said he wasn't aware the city had filed suit, although he has begun making changes that would seem to satisfy city concerns—moving the sculpture so it no longer hangs over the sidewalk and reducing the brick wall to meet code," the story says.
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