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R. Kelly Asks Judge To Lift Time Limit On Use Of Recording Studio; City Says It's Still Being Used As Residence

CHICAGO (CBS) -- City attorneys said Thursday it appears singer R. Kelly's recording studio on the Near West Side is still being used as a home, in violation of zoning laws.

Meantime, the embattled R&B star is asking a Cook County judge to lift restrictions on his use of the recording studio, so he can work at night, claiming that's the only time he's creative.

At a hearing Thursday, city attorneys revealed an inspection of the two-story warehouse at 219 N. Justine St. one day earlier determined Kelly has not yet removed a bed from the building, which is zoned only for commercial use.

According to city inspectors, it appeared the bed had been slept in, and other bedrooms in the building had not been cleared out as required.

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Chicago city attorneys say this bed found in R. Kelly's recording studio is proof it is used as a residence, in violation of zoning laws that allow only commercial use of the building. (Source: City of Chicago)
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Chicago city attorneys say a bed found in R. Kelly's recording studio during an inspection on Jan. 16, 2019, was still there three weeks later, even though the building is zoned only for commercial use. (Source: City of Chicago)

Last month, a court-ordered inspection of the recording studio found bedrooms, bathrooms, a kitchen, a full bar and a lounge area with more than 20 seats had been built inside the warehouse. Inspectors also found electrical problems, a lack of proper fire separation, and two unsafe stairwells – one which was not properly secured to a wall, and another with clothes and other debris underneath, creating a fire hazard.

Deputy corporation counsel Kimberly Roberts said most of those problems have not yet been fixed, and the city wants the building closed entirely until repairs are made.

Last month, Judge Patrice Ball-Reed ordered the second floor of the building off-limits until the staircases are fixed, and placed a 9 a.m. to 5 p.m. restriction on the use of the recording studio.

Kelly is asking the judge to remove any restrictions on when he can use the recording studio.

"I have never been creative or worked between the hours of 9:00 a.m. and 5:00 p.m.," Kelly stated in an affidavit. "I typically use the studio during the evening and night time between the hours of 8:00 p.m. and 7:00 a.m. These hours of use are consistent with many other recording studios."

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Kelly said the limits on his use of the recording studio have left him unable to work for more than two weeks.

Melvin Sims, an attorney for Kelly, said every other major recording studio in Chicago is allowed to operate 24 hours a day.

"The current time restriction, from 9 a.m. to 5 p.m., it's completely in contravention to the industry standard," he said. "The creative process in the recording industry is not one that operates on bankers' hours. Inspiration can't be governed by a 9 to 5 schedule. That's why every major recording studio in the city is allowed to operate overnight, and this recording studio should be no different."

As for the building code violations, Sims said Kelly has put in a "Herculean amount of work" to get repairs made; including hiring an electrician, engineer, and architect to prepare plans for the necessary repairs.

However, city attorneys said no plans have yet been submitted to the city, and no permits have been issued for the work that must be done.

Roberts said the city also never issued any permits for work that was done in the recording studio before the city's January inspection.

"The recording studio was not built out properly. We have no evidence that it's even safe to be used as a recording studio," she said.

Another hearing has been scheduled for Friday on the city's request to close the building altogether until repairs are made.

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