O-05-36VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -36
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1051 WARRINGTON ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day of September , 2005.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
7th day of September , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -36
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1051 WARRINGTON ROAD
WHEREAS, the owners of the property commonly known as 1051 Warrington Road and
legally described herein (the "Subject Property ") have petitioned for a variation from the minimum
side yard requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning Ordinance of
the Village of Deerfield, as amended, to permit the construction of a one -story garage extending the
north wall of the existing structure westerly a distance of 24.456 feet parallel to and 5.13 feet distant
from the north property line of the Subject Property, encroaching 2.87 feet into the minimum 8 -foot
north side yard setback and creating a combined side yard of 15.03 feet in lieu of the requirement for
a combined total side yard width of not less than 20 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 19, 2005 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 recommendations 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.
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 b, of the Zoning Ordinance of the Village of Deerfield for a minimum 8-
foot side yard setback on the north side of the Subject Property and for a combined total side yard
width of not less than 20 feet will pose practical difficulty or unnecessary hardship as applied to the
following described Subject Property unless varied as provided herein:
Lot 22 in Block 21 in the H.M. Cornell Company's Briarwoods, a Resubdivision of
Blocks 4, 6, 7, 8, 9, 11 and 12; Lots 1 to 24, inclusive in Block 20: Blocks 21, 22, 23,
25, 26, 27, 28 and 29, in H.O. Stone and Company's addition to Deerfield in Section
28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian,
according to the Plat of said Subdivision, recorded November 27, 1928, as Document
328430, in Book "T" of Plats, pages 40 and 41, 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 garage addition to the
north elevation of the existing single - family residence on the Subject Property extending the non-
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conforming north line of the existing house westerly an additional 24.456 feet parallel to and 5.13
feet distant from the north property line of the Subject Property, encroaching 2.87 feet into the
minimum 8 -foot north side yard setback, and creating a combined side yard of 15.03 feet in lieu of
the minimum total side yard width of 20 feet required under the Zoning Ordinance, 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 and describing the
proposed addition: (i) Sheet A -1 dated 07/27/05 by Ar -K -Teks Unlimited, depicting the first floor
plan and second floor plan of the proposed addition to the Jakoby residence at 1051 Warrington
Road; (ii) Sheet A -2 dated 07/27/05 by Ar -K -Teks Unlimited, depicting the south elevation, east
elevation, north elevation and west elevation of the proposed addition to the Jakoby residence at
1051 Warrington Road; (iii) Site Plan Sheet A -1 dated 07/27/05 by Ar -K -Teks Unlimited for an
addition to the Jacoby residence at 1051 Warrington Road.
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.
gill
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 6th day of September , 2005.
AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
ABSENT: Struthers (1)
ABSTAIN: None (0)
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