O-04-24VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-24
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY
COMMONLY KNOWN AS 1025 FOREST AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of May , 2004.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
4th day of May , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-24
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY
COMMONLY KNOWN AS 1025 FOREST AVENUE
WHEREAS, the owners of the property commonly known as 1025 Forest Avenue and
legally described in Section 2 of this Ordinance (the "Subject Property") have petitioned for a
variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning
Ordinance of the Village of Deerfield to permit the removal of a non - conforming porch with an
existing 6.25 -foot north side yard setback and the construction of a one -story addition
encroaching 1.75 feet into the minimum required 8 -foot north side yard setback; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on March 16, 2004 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 requested
variation conforms to the standards for variations as 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 Petitioner has 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 b of the Zoning Ordinance of the Village of Deerfield for a minimum
8 -foot interior side yard on the north 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:
Lots 47 and 48 in Block 6 in Deerfield Park Land Improvement
Association's Subdivision in the Southeast Quarter of Section 29,
Township 43 North, Range 12, East of the Third Principal
Meridian, According to the Plat thereof, Recorded May 5, 1998 as
Document Number 70892, in Book "D" of Plats, Pages .64 to 67,
both inclusive, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph b
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 a one -story addition to
the east elevation of the existing single - family residence on the Subject Property encroaching
approximately 1.75 feet into the minimum 8 -foot north side yard setback, provided that such
addition shall be constructed and maintained in strict accordance with and to the extent provided
by the following plans and supporting materials submitted by Petitioner describing said addition:
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(i) proposed Site Plan for the Dellorto Residence at 1025 Forest Avenue, Deerfield, Illinois, by
Harold Forrest Dietrich Architects LLC; (ii) the Existing Conditions floor plans and elevations
for the Dellorto Residence at 1025 Forest Avenue, Deerfield, Illinois by Harold Forrest Dietrich
Architects LLC; (iii) the Proposed Plans sheet showing the floor plans for the addition to the
Dellorto Residence at 1025 Forest Avenue, Deerfield, Illinois, by Harold Forrest Dietrich
Architects LLC; (iv) the Proposed Elevations sheet showing the elevations of the proposed
addition to the Dellorto Residence at 1025 Forest Avenue, Deerfield, Illinois, by Harold Forrest
Dietrich Architects LLC; (v) the Plat of Survey dated April 6, 2000 by Mid America Survey
Company, Job No. 64738 of the property at 1025 Forest Avenue, Deerfield, Illinois.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance with
the requirements of this Ordinance, with all applicable provisions of 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.
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PASSED this 3 rd day of May , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 3 rd da,
ATTEST:
GMT
• Village Clerk J wq�
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