O-16-15VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -15
AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION
FOR PROPERTY LOCATED AT 705 INDIAN HILL ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of June 2016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
20th day of June 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -15
AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION
FOR PROPERTY LOCATED AT 705 INDIAN HILL ROAD
WHEREAS, the owners of the property commonly known as 705 Indian Hill Road and
legally described herein (the "Subject Property ") have petitioned for a modification from the
maximum height requirements for rear yard fences of Article 2.04 -H, Paragraph 3, Subparagraph
b. of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the installation and
maintenance of a 10 -foot high ball containment fence in the required rear yard of the Subject
Property in lieu of the maximum 7 -foot height permitted by the Zoning Ordinance; and
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on April 5, 2016 to consider said petition, said hearing being held pursuant to public notice
duly given and published as required by law and conforming in all respects, in both manner and
form, with the Zoning Ordinance of the Village Deerfield; and
WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board
of Trustees containing its written findings that the requested fence modification conforms to the
standards for modifications set forth in Article 13.08 -D of the Zoning Ordinance of the Village of
Deerfield and recommending that the Board of Trustees grant the requested fence modification;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That the findings of fact and recommendations of the Board of Zoning
Appeals are hereby concurred in and adopted as the findings of fact of the President and Board of
Trustees of the Village of Deerfield.
SECTION 2: That the Petitioners have proven to the satisfaction of the Board of Zoning
Appeals and the Board of Trustees that strict application of the requirements of Article 2.04 -H,
Paragraph 3, Subparagraph b. of the Zoning Ordinance of the Village of Deerfield for a maximum
height of 7 feet for a fence erected in the required yard of the Subject Property would produce
unnecessary or undesirable results as applied to the following described Subject Property unless
modified as provided herein:
Lot 3 in Deerfield Park unit number 5, being a subdivision of part of the northwest
quarter of Section 32, Township 43 north, Range 12, east of the Third Principal
Meridian, according to the Plat thereof recorded August 28, 1956 as document
number 921076, in Book 33 of Plats, page 118, in Lake County, Illinois.
Commonly known as 705 Indian Hill Road, Deerfield, Illinois 60015.
SECTION 3: That a modification from the strict provisions of Paragraph 3, Subparagraph
b., of Article 2.04 -H of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby
granted with respect to the Subject Property to permit the installation and maintenance of a 10 -foot
high ball containment fence within the required rear yard of the Subject Property with a height of
10.0 feet in lieu of the maximum height of 7.0 feet otherwise permitted for rear yard fences,
provided that such fence shall be constructed and maintained in strict accordance with and to the
extent provided by the following plans and supporting materials submitted by Petitioner and
describing the proposed fence: (i) plat of survey by Bleck Engineering Company, Inc. depicting
the Subject Property and foundation under construction as of April 8, 2015; (ii) grading plan for
705 Indian Hill Road depicting the sports court addition, dated October 2, 2014 and revised August
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27, 2015 by Bleck Engineering Company, Inc.; (iii) product specification sheet for SnapBack
10x10 10x15 Adjustable Rebounder System by SnapSports Company dated 01/03/07, and product
specification sheet for SnapSports Ball Containment system by SnapSports Company, dated
01/02/07; (iv) 2 -page sketch by Outdoor Livingscapes, Inc as revision to Permit No. 55313
depicting the location of 10 foot high adjustable rebounder system and 10 foot high ball
containment netting in relation to the existing sports court.
SECTION 4: That the modification hereby granted is subject to Petitioner's compliance
with the requirements of this Ordinance, with all provisions of the Zoning Ordinance of the Village
of Deerfield and with all other applicable codes and ordinances of the Village of Deerfield.
SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non- preemptive state law; or, (b) legislate
in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of
the corporate authorities of the Village of Deerfield that to the extent that the terms of this
Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
[This Space Left Blank Intentionally]
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SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 20th day of June 2016.
AYES: Farkas, Jester, Nadler, Seiden, Shapiro
NAYS: Struthers
ABSENT: 0
ABSTAIN:0
APPROVED this 20th
ATTEST:
Village C1 4k
day of June '2016.
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Village President