Loading...
O-01-04VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 01- 0 4 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1635 TALL TREE LANE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of February , 2001. 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 February2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-04 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1635 TALL TREE LANE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 1635 Tall Tree Lane have petitioned for a variation from the rear yard requirements of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield, as amended, as to the property legally described below (the "Subject Property") to permit the construction of a one -story breakfast bay addition encroaching 4.583 feet into the required 50 -foot rear yard in the R -1 single - family district; and, WHEREAS, Zoning Board of Appeals of the Village of Deerfield held a public hearing on December 5, 2000 to consider said petition, said hearing being held pursuant to public notice duly given and published as required by statute. and conforming,irr all, respects; in both manner,and-form,� with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Zoning Board of Appeals has filed its report with the President and Board of Trustees containing its written findings that the requested variation conforms to the standards for variations 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 Zoning Board of Appeals are concurred in and adopted as the Findings of Fact of the President and Board of Trustees. SECTION 2: That the petitioners have proven to the satisfaction of the Zoning Board of Appeals and the Board of Trustees that strict enforcement of the rear yard requirements of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property legally described in Section 3 hereof unless varied as provided herein. SECTION 3: That a variation from the strict provisions of Section 4(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property hereinafter described so as to permit the construction of a breakfast bay addition encroaching 4.583 feet into the 50 -foot required rear yard as provided in the site plan and elevations entitled "Additions and Alterations to Joel and Susie Blau Residence, 1635 Tall Tree Lane, Deerfield, Illinois" by Stuart D. Shayman Associates Architects, Job No. 9941, dated 10.30.00, which is incorporated herein and made a part of this ordinance by this reference, to wit: Lot 1 in Rosenblum- Stewart Resubdivision, being a Subdivision of Lots 2 and 3 in Lipowich's Resubdivision, being a Resubdivision in the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded November 12, 1980 as Document Number 2088073, in Lake County, Illinois. SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this ordinance, all applicable 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: 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. 01 SECTION 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 5th day of February , 2001. AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0) APPROVED this 5th day of February 2001. Village President ATTEST: illage Clerk 3 r S STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) SS 4739406 Filed for Record in: LAKE COUNTY IL NARY ELLEN WDERVENTER - RECORDER On Augg 03 2001 At 11:18am Receipt #: 299655 Doc /T pe : ORD Deputy - Cashier #3 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -01-04 entitled "An Ordinance Granting a Variation from the Provisions of the Zoning Ordinance for Certain Property Commonly Known as 1635 Tall Tree Lane, Deerfield, Illinois" as appears in the records and files of the office of the Village Clerk. Dated this February 7. 2001 .A50 te ROB T D. FRANZ, Village Clerk • \ k � 1 � sati4n 'fix ,fit. �,� MAIL +'r{N'�•F�.1,Y,+fY. ' 4 ��if, �yy Ty 1L6 'rc"i TO Submitted by: . Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 �Ar-w P� VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 01- 0 4 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1635 TALL TREE LANE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of February , 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6 th day of F ebruar�2001. 4739406 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-04 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1635 TALL TREE LANE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 1635 Tall Tree Lane have petitioned for a variation from the rear yard requirements of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield, as amended, as to the property legally described below (the "Subject Property") to permit the construction of a one -story breakfast bay addition encroaching 4.583 feet into the required 50 -foot rear yard in the R -1 single - family district; and, WHEREAS, Zoning Board of Appeals of the Village of Deerfield held a public hearing on December 5, 2000 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 provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Zoning Board of Appeals has filed its report with the President and Board of Trustees containing its written findings that the requested variation conforms to the standards for variations 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 Zoning Board of Appeals are concurred in and adopted as the Findings of Fact of the President and Board of Trustees. 4'7394,06 3 SECTION 2: That the petitioners have proven to the satisfaction of the Zoning Board of Appeals and the Board of Trustees that strict enforcement of the rear yard requirements of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property legally described in Section 3 hereof unless varied as provided herein. SECTION 3: That a variation from the strict provisions of Section 4(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property hereinafter described so as to permit the construction of a breakfast bay addition encroaching 4.583 feet into the 50 -foot required rear yard as provided in the site plan and elevations entitled "Additions and Alterations to Joel and Susie Blau Residence, 1635 Tall Tree Lane, Deerfield, Illinois" by Stuart D. Shayman Associates Architects, Job No. 9941, dated 10.30.00, which is incorporated herein and made a part of this ordinance by this reference, to wit: Lot 1 in Rosenblum - Stewart Resubdivision, being a Subdivision of Lots 2 and 3 in Lipowich's Resubdivision, being a Resubdivision in the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded November 12, 1980 as Document Number 2088073, in Lake County, Illinois. SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this ordinance, all applicable 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: 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. 2 4,73gg06. rl SECTION 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 5th day of February '2001. AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 5th day of February —52001. - 141Q-V Village President ATTEST: illage Clerk 4739446 3 EXHIBIT A LOT 1 IN ROSENBLUM- STEWART RESUBDIVISION, BEING A SUBDIVISION OF LOTS 2 AND 3 IN LIPOWICH'S RESUBDIVISION, BEING A RESUBDIVISION IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 12, 1980 AS DOCUMENT NUMBER 2088073, IN LAKE COUNTY, ILLINOIS. 4739406 Lp