O-84-50ORDINANCE NO. 0 -84 -50
AN ORDINANCE GRANTING VARIATIONS FROM THE
PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE
PROPERTY COMMONLY KNOWN AS
1438 WAUKEGAN ROAD, DEERFIELD, ILLINOIS
WHEREAS, EUGENE KONSLER and CAPITAL DEVELOPMENT CORP. have
petitioned for variations from the strict provisions of Article
4.5 -6 of the Zoning Ordinance of-the Village of Deerfield passed
April 17, 1978, as amended, to permit a 40 -foot side yard along the
north property line in lieu of the required 62 feet and a 20 -foot
side yard along the south property line in lieu of the required 58
feet; and
WHEREAS, pursuant to notice duly published, as required by
statute, a public hearing on said petition was held and conducted by
the Zoning Board of Appeals of the Village of Deerfield; and
WHEREAS, as the result of comments received by members of the
Board of Zoning Appeals and members of the public, the Petitioners
amended their proposal to provide for a 38 -foot side yard along the
north property line, a variable side yard along the south property
line ranging from 13 feet to 29 feet, and a 17 -foot rear yard along
the west property line in lieu of the 25 -foot rear yard setback
required in the R -5 District; and
WHEREAS, the Zoning Board of Appeals has filed with the
President and Board of Trustees its written findings of fact,and
recommendation.
NOW, THEREFORE, 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 recommendation of the
ONE: Zoning Board of Appeals are concurred in and adopted
as the findings of fact of the President and Board of
Trustees.
SECTION That the Board of Trustees finds that there are prac-
TWO: tical difficulties and particular hardships in the way
of carrying out the strict letter of the provisions of
the Zoning Ordinance of the Village of Deerfield as
applied to Petitioners' property, which is legally
described as follows:
Lots 2 and 3 in Sack's Subdivision, being a
subdivision of part of the North half of the
Northeast quarter of Section 29, Township 43
North, Range 12, East of the 3rd Principal
Meridian according to the plat thereof, recorded
November 17, 1970, as Document 1481095, in Lake
County, Illinois.
SECTION That a variation from the strict provisions of Article
THREE: 4.5 -6 of the Zoning Ordinance of the Village of
Deerfield, passed April 17, 1978, as amended, with
respect to the property hereinabove described, is
hereby granted, so as to permit a 38 -foot side yard
along the north property line in lieu of the required
62 feet and a variable side yard along the south
property line ranging from 13 feet to 29 feet in lieu
of the required 58 feet, and a 17 -foot rear yard
along the west property line in lieu of the required
25 -feet; all in accordance with the plans presented
and filed with the Zoning Board of Appeals.
SECTION That the variations hereby granted are subject to
FOUR: compliance by the Petitioners with all other appli-
cable provisions of the Zoning Ordinance and with all
other applicable ordinances of the Village of
Deerfield, and also subject to:
(a) Petitioners' providing suitable emergency access
along the south property line that meets with
approval of the Deerfield Bannockburn Fire
Protection District in the following respects:
(i) the access shall be by means of a combina-
tion of a hard - surfaced lane and patios
constructed in such a way as to support
the weight of an emergency vehicle;
(ii) no plantings, fences or other obstructions
shall be erected on the patios or between
the patios and the lane, with the exception
of a privacy hedge that will not impede an
emergency vehicle; and
(iii) both the lane and patios shall be kept clear
of snow accumulations.
(b) The foregoing covenants relating to emergency
access shall be memorialized by condominium
declaration or other instrument, which shall
be approved by the Village Attorney for compli-
ance with this ordinance and shall be recorded
against the property prior to issuance of any
occupancy permit.
SECTION That this Ordinance shall be in full force and effect
FIVE: from and after its passage and approval as provided by
law.
AYES: Jackson, Marovitz, Seidman, Swanson (4)
NAYS: Marty, York (2)
ABSENT: None (0)
PASSED This 19th day of November A.D. , 1984.
APPROVED this 19th day of November A.D. , 1984.
Village President
ATTEST:
l 1
Village Clerk
PASSED DECEMBER.31%:.'1984:OVER,THE MAYOR`S.VETO, ON FOLLOWING VOTE:
AYES: Jackson, Marovitz -,'Seidman, Swanson (4)
NAYS: Marty, York (2)
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EXHIBIT A ?f
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Lots ,2 and 3 in sack's Subdivision, being a Subdivision of part of
the North half of the North East uarter of Section 29, Township
43 North, Range 12, •East of the 3rd' P. M., according to the plat
thereof,' recorded November 17,'1970, as Document 141095, in Lake:•.i,al;'
County,' Illinois.
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