O-01-29VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-01-29
AN ORDINANCE GRANTING VARIATIONS FROM
THE PROVISIONS OF THE ZONING ORDINANCE FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1452 WAUKEGAN ROAD, DEERFIELD, ILLINOIS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of September , 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
20th day of Septembe,x2001.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-01-29
AN ORDINANCE GRANTING VARIATIONS FROM
THE PROVISIONS OF THE ZONING ORDINANCE FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1452 WAUKEGAN ROAD, DEERFIELD, ILLINOIS
WHEREAS, the owner (the "Applicant ") of certain property legally described herein and
commonly known as 1452 Waukegan Road (the "Subject Property ") has petitioned for the following
variations from the Zoning Ordinance of the Village of Deerfield to permit the construction of
additions to the existing building on the Subject Property extending the face of the building eastward
approximately 20 feet and extending the rear of the building westward approximately 13 feet, to wit:
(1) a variation from the side yard requirements of Article 5.02- F,3,b,2 of the Zoning Ordinance of the
Village of Deerfield to allow a 12.5 foot side yard along the south side yard of the Subject Property;
(2) a variation from the parking setback requirements of Article 8.02 -A, I,a of the Zoning Ordinance
of the Village of Deerfield to allow a zero foot (0') foot setback from the right -of -way line of
Waukegan Road for off - street parking spaces; (3) a variation from the parking lot construction
specifications of Article 8.02 -C,4,a and Article 8.02 -C,5,a and b of the Zoning Ordinance of the
Village of Deerfield to waive parking lot construction specifications for drainage, wheel stops and
curbing; (4) a variation from the landscape screening requirements of Article 8.02 -C,6 to waive the
parking lot landscape requirements for the Subject Property; and, (5) a variation from the parking
access aisle width requirements of Article 8.02 -C,8,b (Appendix I) to reduce the required width of
the two -way parking access aisle from 24 feet to 22 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 17, 2001, 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 Board of Zoning Appeals has filed its report with the President and Board
of Trustees, but failed on a tied 3 to 3 vote to recommend the granting of the requested variations;
and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined
that the requested variations conform to the standards for variations set forth in Article 13.07 -E of
the Zoning Ordinance of the Village of Deerfield and should be granted;
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 above and foregoing recitals be and the same are hereby incorporated
and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the petitioners have proven to the satisfaction of the Board of Trustees
that strict enforcement of the south side yard requirements of Article 5.02- F,3,b,2, of the parking
setback requirements of Article 8.02 -A, l,b, of the parking lot construction requirements of Article
8.02- C,4,a, 8.02 -C,5, a and b, of the landscape screening requirements of Article 8.02 -C,6, and the
parking aisle width requirements of Article 8.02 -C,8,b (Appendix I) of the Zoning Ordinance of the
Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject
Property legally described below, unless varied as provided herein:
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Lot 1 in Sack's Subdivision, being a subdivision of part of the north half of the North
East 1/4 of Section 28, Township 43 North, Range 12, East of the Third Principal
Meridian, according to the plat thereof, recorded November 17, 1970 as Document
1481095, in Lake County, Illinois.
SECTION 3: That the following variations from the strict provisions of the Zoning
Ordinance of the Village of Deerfield, as amended, are hereby granted with respect to the Subject
Property so as to permit the construction of two additions to the existing commercial building on the
Subject Property extending the face of the building eastward approximately 20 feet, and extending
the rear of the building westward approximately 13 feet in accordance with the site plan and
elevation drawings by Lynde Anderson and Associates for A. W. Zengler Cleaners, 1452 Waukegan
Road, revised 5 -8 -01 and the photometric lighting plan by Ruud Lighting, dated 8/9/01, which are
incorporated herein and made a part of this Ordinance by this reference, subject to the further
conditions set forth in Section 4 of this Ordinance, to wit:
(1) a variation from the side yard requirements of Article 5.02- F,3,b,2 of the Zoning
Ordinance of the Village of Deerfield to allow a 12.5 foot side yard along the south
side yard of the Subject Property to allow the existing building to be extended 20 feet
eastward and 13 feet westward;
(2) a variation from the parking setback requirements of Article 8.02 -A, l,a of the Zoning
Ordinance of the Village of Deerfield to allow a zero foot (0) setback from the right -
of -way line of Waukegan Road for off - street parking spaces;
(3) a variation from the parking lot construction specifications of Article 8.02 -C,4,a and
Article 8.02 -C,5,a and b, to waive parking lot construction specifications for drainage
and curbing;
(4) a variation from the landscape screening requirements of Article 8.02 -C,6 to waive
the parking lot landscape requirements for the Subject Property; and,
(5) a variation from the parking access aisle width requirements of Article 8.02- C,8,b,
Appendix I, to reduce the required two -way parking access aisle width from 24 feet
to 22 feet.
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SECTION 4: That the variations hereby granted are subject to Applicant's provision of six
(6) additional employee parking spaces for the exclusive use of Subject Property to be constructed
and maintained on certain property lying immediately west of and abutting the Subject Property which
has been leased from the Commuter Rail Division of the Regional Transportation Authority ( "Metra ")
by Applicant pursuant to a Lease Agreement dated 7/25/01, and to compliance by the Applicant with
the requirements of this Ordinance, with 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: 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 as provided by law.
PASSED this 19th day of September , 2001.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 19t
ATTEST:
r'
'21 Village Clerk
LW
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