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O-75-09ORDINANCE NO. 0 -75- 9 AN ORDINANCE MODIFYING BUILDING CODE PROVISIONS WITH RESPECT TO CERTAIN FLORENCE AVENUE PROPERTIES WHEREAS, by virtue of Ordinance 0- 74 -58, the Village of Deerfield annexed, pursuant to an Annexation Agreement between the Owners of the subject property and the Village of Deerfield, certain properties more particularly described therein; and WHEREAS, pursuant to Ordinance No. 0- 74 -59, the Village of Deerfield amended the Zoning Map classifying the subject property in the B- Business District and granting a permit for a special use - planned business development; and WHEREAS, the above described Annexation Agreement permits the con- struction of a recreational facility to be primarily used for indoor tennis and handball courts; and WHEREAS, by virtue of Ordinance 0- 62 -43, the Village of Deerfield requires that properties developed in the B- Business District Classification be of the type of construction defined therein as "protected Non - Combustible "; and WHEREAS, the Owners of the subject property have petitioned the Board of Building Appeals for a waiver of said requirement of Ordinance 0- 62 -43; -• and WHEREAS, following a public hearing on said Petition, the Board of Building Appeals has made its recommendations to the Board of Trustees of the Village of Deerfield recommending that the proposed recreational structure be of the type of construction known as "unprotected Non - Combustible ", BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the findings of fact and recommendations of the ONE: Building Board of Appeals are hereby concurred in and adopted as the findings of fact of the President and the Board of Trustees. SECTION That requiring "protected Non - Combustible" construction TWO: for the above described recreational facility is not necessary in view of the proposed use of the structure and the "unprotected Non - Combustible" construction as proposed by the Owners is accepted as a basis for equivalent compliance with the Building Code. SECTION That the Owners are hereby granted a variation from THREE: the provisions of Ordinance No. 0 -62 -43 requiring con- struction of the proposed recreational facility pursuant to "protected Non - Combustible" standards in order to permit construction of the proposed recreational facility pursuant to the "unprotected Non - Combustible" classification. SECTION That the variation hereby granted is subject to com- FOUR: pliance by Owners with all other applicable ordinances of the Village. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage and approval, as provided by law. AYES: Gavin, Kelm, Moate, Stiehr (4) NAYS: None (0) ABSENT: Moses (1) PASSED this 17th day of APPROVED this 17th day of ATTEST: VILLAGE CLERK March March A.D,, 1975 A.D., 1975 ILLAGE PRESIDENT