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O-03-28VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -03 -28 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of June , 2003. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of June , 2003. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-28 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 1232 Elmwood Avenue and legally described on Exhibit A attached hereto (the "Subject Property ") have petitioned for a variation from the requirements of Article 4.03 -F,3,b and Article 4.03 -F,3,e of the Zoning Ordinance of the Village of Deerfield to permit the construction of a 2 -story addition extending the north line of the existing house an additional 22 feet, 3 inches parallel to and 5.0 feet distant from the north line of the Subject Property, an encroachment of 3.00 feet into the minimum required 8 -foot side yard, and to permit the existing detached accessory garage to be attached to the house as part of said addition, reducing the minimum required 25 foot rear yard for a single- family dwelling with attached garage to 18 feet; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on April 15, 2003, 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 of the Village of Deerfield containing its written findings with respect to the standards for variations set forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield, but failing on a 3 to 2 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 as 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 side yard requirements of Article 4.03 -F,3,b will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 3: That the petitioners have proven to the satisfaction of the Board of Trustees that strict enforcement of the minimum 25 -foot rear yard requirement of Article 4.03- F,3,e for principal structures will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 4: 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 described on Exhibit A attached hereto so as to permit the construction of a 2- story addition to the existing single - family dwelling on the Subject Property, and to permit the existing detached accessory garage to be attached to the house as part of said addition, all in 2 accordance with and to the extent depicted on: (i) the plat of survey by B.G. Loomis of Loomis Land Surveying, updated by Robert R. Hansen on September 18, 2002; (ii) the 1232 Elmwood Site Plan showing the existing and proposed improvements; (iii) the computer renderings showing an Overview of the existing and proposed improvements; and, (iv) the existing and proposed East Elevation, North Elevation, West Elevation and South Elevation of the Subject Property, all of which are incorporated herein and made a part of this ordinance by this reference, to wit: (1) a variation from the side yard requirements of Article 4.03 -F,3,b of the Zoning Ordinance of the Village of Deerfield to reduce the required 8 -foot north side yard to 5.0 feet, a variation of 3.0 feet, to allow the construction of said proposed addition on the Subject Property extending the north line of the existing house an additional 22 feet, 3 inches parallel to and 5 feet distant from the north property line of the Subject Property; and (2) a variation from the rear yard requirements of Article 4.03 -F,3,e of the Zoning Ordinance of the Village of Deerfield to reduce the required 25 -foot minimum rear yard requirement to 18 feet to allow the existing detached garage to be attached to and incorporated as part of said proposed 2 -story addition to the single - family dwelling on the Subject Property. SECTION 5: That the said variations are hereby granted are subject to strict compliance with the requirements and conditions 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 6: 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 3 this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: 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 16th day of June 2003. AYES: Benton, Kayne, Seiden, Wylie (4) NAYS: None (0 ) 4 f0:4:11Oa1I:1 Lot 4 in Block 9 in Branigar Brothers Woodland Park, a Subdivision of parts of the North Half of Section 29, Township 43 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded August 5, 1924 in Book "M" of Plats on Pages 84 and 85 in Lake County, Illinois. PIN: I . 0 5345740 STATE OF ILLINOIS ) MARY ELLEN VANDERVENTER LAKE COUNTY s IL RECORDER COUNTIES OF LAKE AND COOK ) SS 08/26/2003 - 02:2 2:52 P.M. RECEIPT :: 105725 VILLAGE OF DEERFIELD ) DRAWER *: 27 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 -03 -28 entitled "An Ordinance Granting a Variation from the Provisions of the Zoning Ordinance for Certain Property Commonly Known as 1232 Elmwood Avenue, Deerfield, Illinois" as appears in the records and files of the office of the Village Clerk. SEAL Dated this June 17, 2003 R RT D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-0j-28 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of June , 2003. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of June , 2003. y t5345740 A VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-28 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 1232 Elmwood Avenue and legally described on Exhibit A attached hereto (the "Subject Property") have petitioned for a variation from the requirements of Article 4.03 -F,3,b and Article 4.03 -F,3,e of the Zoning Ordinance of the Village of Deerfield to permit the construction of a 2 -story addition extending the north line of the existing house an additional 22 feet, 3 inches parallel to and 5.0 feet distant. from the north line of the Subject Property, an encroachment of 3.00 feet into the minimum required 8 -foot side yard, and to permit the existing detached accessory garage to be attached to the house as part of said addition, reducing the minimum required 25 foot rear yard for a single - family dwelling with attached garage to 18 feet; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on April 15, 2003, 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 of the Village of Deerfield containing its written findings with respect to the 5345'40 3 standards for variations set forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield, but failing on a 3 to 2 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 as 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 side yard requirements of Article 4.03 -F,3,b will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 3: That the petitioners have proven to the satisfaction of the Board of Trustees that strict enforcement of the minimum 25 -foot rear yard requirement of Article 4.03- F,3,e for principal structures will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 4: 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 described on Exhibit A attached hereto so as to permit the construction of a 2- story addition to the existing single- family dwelling on the Subject Property, and to permit the existing detached accessory garage to be attached to the house as part of said addition, all in 2 s�s�4o � accordance with and to the extent depicted on: (i) the plat of survey by B.G. Loomis of Loomis Land Surveying, updated by Robert R. Hansen on September 18, 2002; (ii) the 1232 Elmwood Site Plan showing the existing and proposed improvements; (iii) the computer .renderings showing an Overview of the existing and proposed improvements; and, (iv) the existing and proposed East Elevation, North Elevation, West Elevation and South Elevation of the Subject Property, all of which are incorporated herein and made a part of this ordinance by this reference, to wit: (1) a variation from the side yard requirements of Article 4.03 -F,3,b of the Zoning Ordinance of the Village of Deerfield to reduce the required 8 -foot north side yard to 5.0 feet, a variation of 3.0 feet, to allow the construction of said proposed addition on the Subject Property extending the north line of the existing house an additional 22 feet, 3 inches parallel to and 5 feet distant from the north property line of the Subject Property; and (2) a variation from the rear yard requirements of Article 4.03 -F,3,e of the Zoning Ordinance of the Village of Deerfield to reduce the required 25 -fo6t minimum rear yard requirement to 18 feet to allow the existing detached garage to be attached to and incorporated as part of said proposed 2 -story addition to the single - family dwelling on the Subject Property. SECTION. 5: That the said variations are hereby granted are subject to strict compliance with the requirements and conditions 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 6: 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 3: . 5 740 .S this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: 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 16th day of June , 2003. AYES: Benton, Kayne, Seiden, Wylie (4) NAYS: None (0 ) I0:4:U:3Ur_1 Lot 4 in Block 9 in Branigar Brothers Woodland Park, a Subdivision of parts of the North Half of Section 29, Township 43 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded August 5, 1924 in Book "M" of Plats on Pages 84 and 85 in Lake County, Illinois. PIN: v