O-04-46VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -46
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
8th day of September , 2004.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of September , 2004.
5'725469
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
5725469
FILED FOR RECORD BY:
f1ARY .ELLEN VANDERVEh1TER
LAKE COUNTYP IL RECORDER
01/27/2005 - 02:46:51 P.M.
RECEIPT :: 205592
DRAWER 4: 17
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 -0446 entitled "An Ordinance Granting a Variation for Certain Property Commonly
Known as 550 Brierhill Road"
as appears in the records and files of the office of the Village Clerk.
Dated this September 7, 2004
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Submitted by:. Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
5'7254C-9
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -46
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD
WHEREAS, the owners (the "Petitioners ") of the property commonly known as 550 Brierhill
Road and legally described in Section 1 of this Ordinance (the "Subject Property") have petitioned
for a variation from the requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the
Village of Deerfield to reduce of the established 175 -foot average front yard setback from Brierhill
Road applicable to the Subject Property to permit the construction of a new single - family residence
with a front yard setback of 140 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 7, 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;
5'725409
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 of the
Village of Deerfield with respect to the following described property (the "Subject Property"):
PARCEL 1: LOT 9 IN BRIERHILL, BEING A SUBDIVISION OF THE WEST 1/2
OF THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10
CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET
OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4, ALL IN
SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK AL@ OF PLATS, PAGE 65,
IN LAKE COUNTY, ILLINOIS.
PARCEL 2: THE VACATED ALLEY LYING BETWEEN LOTS 8 AND 9 IN
BRIERHILL SUBDIVISION, AFORESAID, IN LAKE COUNTY, ILLINOIS.
PARCEL 3: THE NORTH 50 FEET OF LOT 10 IN BRIERHILL, BEING A
SUBDIVISION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4
(EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60
FEET OF THE EAST 60 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE
NORTHEAST 1/4, ALL IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK
AL@ OF PLATS, PAGE 65, IN LAKE COUNTY, ILLINOIS.
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 established 175 foot average front
yard setback requirement of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of
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5 2 5 4 69
Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property
unless varied as provided herein.
SECTION 3: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1, of
the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the
Subject Property so as to permit the construction of a new single - family residence on the Subject
Property with a minimum front yard setback of 140 feet in lieu of the required established 175.foot
average front yard setback, provided that such residence shall be constructed and maintained in strict
accordance with and to the extent provided by the following plans and supporting materials submitted
by Petitioner and describing the proposed single- family residence: (i) Tree Survey by Aguilar Tree
Care of 550 Brierhill Road; (ii) Site Plan of new residence for Laurie and Robert Rosin by F/W
Associates in Architecture, Ltd.
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.
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5725469
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 7th day of September '2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 7th day of September
ATTEST:
2004.
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5'7254E9
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -46
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of September , 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
8th day of September , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -46
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD
WHEREAS, the owners (the "Petitioners ") of the property commonly known as 550 Brierhill
Road and legally described in Section 1 of this Ordinance (the "Subject Property ") have petitioned
for a variation from the requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the
Village of Deerfield to reduce of the established 175 -foot average front yard setback from Brierhill
Road applicable to the Subject Property to permit the construction of a new single- family residence
with a front yard setback of 140 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 7, 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 of the
Village of Deerfield with respect to the following described property (the "Subject Property "):
PARCEL 1: LOT 9 IN BRIERHILL, BEING A SUBDIVISION OF THE WEST 1/2
OF THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10
CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET
OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4, ALL IN
SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK AL@ OF PLATS, PAGE 65,
IN LAKE COUNTY, ILLINOIS.
PARCEL 2: THE VACATED ALLEY LYING BETWEEN LOTS 8 AND 9 IN
BRIERHILL SUBDIVISION, AFORESAID, IN LAKE COUNTY, ILLINOIS.
PARCEL 3: THE NORTH 50 FEET OF LOT 10 IN BRIERHILL, BEING A
SUBDIVISION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4
(EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60
FEET OF THE EAST 60 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE
NORTHEAST 1/4, ALL IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK
AL@ OF PLATS, PAGE 65, IN LAKE COUNTY, ILLINOIS.
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 established 175 foot average front
yard setback requirement of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of
-2-
Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property
unless varied as provided herein.
SECTION 3: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1, of
the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the
Subject Property so as to permit the construction of a new single - family residence on the Subject
Property with a minimum front yard setback of 140 feet in lieu of the required established 175 foot
average front yard setback, provided that such residence shall be constructed and maintained in strict
accordance with and to the extent provided by the following plans and supporting materials submitted
by Petitioner and describing the proposed single - family residence: (i) Tree Survey by Aguilar Tree
Care of 550 Brierhill Road; (ii) Site Plan of new residence for Laurie and Robert Rosin by F/W
Associates in Architecture, Ltd.
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.
-3-
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 7th day of September '2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 7th day of September
ATTEST:
Village Clerk
2004.
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