O-03-30VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-30
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1508 HACKBERRY ROAD, DEERFIELD, ILLINOIS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21st day of July , 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
22ndday of July .9 2003.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-30
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1508 HACKBERRY ROAD, DEERFIELD, ILLINOIS
WHEREAS, the owners of the property commonly known as 1508 Hackberry Road and
legally described in Section 3 of this Ordinance (the "Subject Property ") have petitioned for a
variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph a of the Zoning
Ordinance of the Village of Deerfield to permit the construction of an addition to the existing
home on the Subject Property consisting of a second attached garage stall, mud room and office
space, which addition is proposed to extend easterly 13.75 feet into the existing 26.75 -foot rear
yard, reducing the minimum required 25 -foot rear yard to 13.00 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on May 20, 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 that the respected
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 recommendation of the Board of Zoning
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 Board of Zoning
Appeals and the Board of Trustees that strict enforcement of the requirements of Article 4.03 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a 25 -foot
rear yard on the east side of the Subject Property will pose practical difficulty or unnecessary
hardship as applied to the following described property (the "Subject Property") unless varied as
provided herein, to wit:
Lot 11 in Unit 2, of the Second Addition to Deerfield Park, being a
subdivision of part of the South Half (1/2) the Northwest Quarter
(1/4) of Section 32, Township 43 North, Range 12, East of the
Third Principal Meridian, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e
of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby
granted with respect to the Subject Property to permit the construction of an addition to the home
existing on the Subject Property consisting of a second attached garage stall, mud room and
office space, allowing the home to be extended easterly a distance of not more than 13.75 feet
into the existing 26.75 -foot rear yard on the east side of the Subject Property, provided that such
addition shall be in constructed and maintained in strict accordance with the following: (i) the
Site Plan for the Vyskocil Residence at 1508 Hackberry Road submitted by Petitioner showing
the existing 2 -story brick and frame house and the _proposed addition; (ii) the Front Elevation for
the Vyskocil Residence submitted by Petitioner showing the existing home and the proposed
new addition; (iii) the floor plan for the Vyskocil Residence submitted by Petitioner showing the
addition of a new one -car garage, mud room and office space to the existing house; (iv) the Plat
of Survey of the Subject Property dated September 30, 1988, by K. Peczkis of Professionals
Associated. All of such plans are hereby incorporated in and made a part of this Ordinance as if
fully set forth herein.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance
with the requirements of this Ordinance, the Village of Deerfield Zoning Ordinance, 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.
SECTION 6: 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 21st day of July , 2003.
AYES: Benton, Kayne,.Rosenthal, Seiden, Wylie (5)
NAYS: None (0 )
ABSENT: Swanson (1)
ABSTAIN: None (0 )
APPROVED this 21st day
ATTEST:
illage Clerk
5345739
STATE OF ILLINOIS ) FILED FOR RECORD BY:
MARY ELLEN VANDERVENTER
LAKE COUNTY s IL RECORDER
COUNTIES OF LAKE AND COOK ) SS 08/26/20033 - 02:2 2:22 F.M.
RECEIPT 109725
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 -30 entitled "An Ordinance Granting a Variation from the Provisions of the
Zoning Ordinance for Certain Property Commonly Known as 1508 Hackberry Road, Deerfield,
Illinois"
as appears in the records and files of the office of the Village Clerk.
Dated this July 23, 2003
SEAL
0y
Village Clerk
Submitted by:
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
I
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-30
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1508 HACKBERRY ROAD, 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
22n3day of July , 2003.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE.
AND COOK COUNTIES, ILLINOIS, this
21st day of July , 2003.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-01-30
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1508 HACKBERRY ROAD, DEERFIELD, ILLINOIS
WHEREAS, the owners of the property commonly known as 1508 Hackberry Road and
legally described in Section 3 of this Ordinance (the "Subject Property") have petitioned for a
variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph a of the Zoning
Ordinance of the Village of Deerfield to permit the construction of an addition to the existing
home on the Subject Property consisting of a second attached garage stall, mud room and office
space, which addition is proposed to extend easterly 13.75 feet into the existing 26.75 -foot rear
yard, reducing the minimum required 25 -foot rear yard to 13.00 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on May 20, 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 that the respected
variation conforms to the standards for variations set forth in Article 13.07 -E of the -Zoning
5345'739 3
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 recommendation of the Board of Zoning
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 Board of Zoning
Appeals and the Board of Trustees that strict enforcement of the requirements of Article 4.03 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a 25 -foot
rear yard on the east side of the Subject Property will pose practical difficulty or unnecessary
hardship as applied to the following described property (the "Subject Property") unless varied as
provided herein, to wit:
Lot 11 in Unit 2, of the Second Addition to Deerfield Park, being a
subdivision of part of the South Half (1/2) the Northwest Quarter
(1/4) of Section 32, Township 43 North, Range 12, East of the
Third Principal Meridian, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e
of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby
granted with respect to the Subject Property to permit the construction of an addition to the home
existing on the Subject Property consisting of a second attached garage stall, mud room and
office space, allowing the home to be extended easterly a distance of not more than 13.75 feet
into the existing 26.75 -foot rear yard on the east side of the Subject Property, provided that such
5345739 4
addition shall be in constructed and maintained in strict accordance with the following: (i) the
Site Plan for the Vyskocil Residence at 1508 Hackberry Road submitted by Petitioner showing
the existing 2 -story brick and frame house and the proposed addition; (ii) the Front. Elevation for
the Vyskocil Residence submitted by Petitioner .showing the existing home and the proposed
new addition; (iii) the floor plan for the Vyskocil Residence submitted by Petitioner showing the
addition of a new one -car garage, mud room and office space to the existing house; (iv) the Plat
of Survey of the Subject Property dated September 30, 1988, by K. Peczkis of Professionals
Associated. All of such plans are hereby incorporated in and made a part of this Ordinance as if
fully set forth herein.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance
with the requirements of this Ordinance, the Village of Deerfield Zoning Ordinance, 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.
SECTION 6: 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.
5345`!39 5
PASSED this 21st day of July , 2003.
AYES: Benton; Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
ABSENT: Swanson (1)
ABSTAIN: None (0 )
APPROVED this 21st day
ATTEST:
'Village Clerk