O-17-23VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-17-23
AN ORDINANCE GRANTING A VARIATION FOR PROPERTY
COMMONLY KNOWN AS 910 BIRCH COURT (Smyth)
FOR A STREET SIDE, SIDE YARD TO CONSTRUCT A SHED
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day of November , 2017.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
6th day of November , 2017.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-17-23
AN ORDINANCE GRANTING A VARIATION FOR PROPERTY
COMMONLY KNOWN AS 910 BIRCH COURT (Smyth)
FOR A STREET SIDE, SIDE YARD TO CONSTRUCT A SHED
WHEREAS, the owners of the property commonly known as 910 Birch Court and legally
described on Exhibit I attached hereto (the "Subject Property") have petitioned for a variation
from the minimum street side, side yard requirements of Article 2.03-D, Paragraph 1, of the Zoning
Ordinance of the Village of Deerfield, as amended, to permit the construction of a detached
accessory structure (a 10' x 10' x 8'-6" shed) on the Subject Property encroaching 6 feet at the
northeast corner and I foot at the southeast corner; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on September 26, 2017 to consider said petition, said hearing being held pursuant to public notice
duly given and published as required by statute and conforming in all respects, in both manner and
form, with the requirements of the Zoning Ordinance of the Village of Deerfield; and,
WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board
of Trustees of the Village of Deerfield containing its written findings that the requested variation
conforms to the standards for variations as set forth in Article 13.07-E of the Zoning Ordinance of
the Village of Deerfield and recommending that the President and Board of Trustees grant the
requested variation;
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 concurred in and adopted as the findings of fact ofthe 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 enforcement of the requirements of Article 2.03-D,
Paragraph 1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or
unnecessary hardship as applied to the Subject Property unless varied as provided herein.
SECTION 3: That a variation from the strict provisions of Article 2.03-D, Paragraph 1, of
the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to
the Subject Property to permit the construction of a detached accessory structure shed (10' x 10'
x 8'-6") on the Subject Property encroaching into the street side, side yard at 6 feet at the northeast
corner and I foot at the southeast corner.
SECTION 4: That this variation is granted subject to Petitioners' compliance with the
requirements of this Ordinance, with all applicable provisions of the Village of Deerfield Zoning
Ordinance, 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.
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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 6th day of November 2017.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro
NAYS: None
ABSENT: Struthers
ABSTAIN: None
APPROVED this 6th day of November , 2017.
U/
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Village President
Exhibit A
The Subject Property is legally described as follows:
LOT 4 IN DEMSTER HOME DEVELOPMENTCOS ADDITION TO DEERFIELD BEING A
SUBDIVISION OF LOT 1 AND 2 IN RIX-RAMSKILL SUBDIVISIONIN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED SEPTEMBER 30, 1965 AS DOCUMENT 1279549, IN BOOK 43 OF
PLATS, PAGE 10, IN LAKE COUNTY ILLINOIS.
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