O-05-42� T
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VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 5n42 n -n
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1003 HAZEL AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
17th day of October , 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
17th day of October , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -42
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1003 HAZEL AVENUE
WHEREAS, the owners of the property commonly known as 1003 Hazel Avenue and legally
described herein (the "Subject Property ") have petitioned for a variation from the reversed corner
side yard requirements of Article 4.01 -F, Paragraph 3, Subparagraph d, of the Zoning Ordinance of
the Village of Deerfield, as amended, to permit the construction of a two -car garage addition with an
east side yard setback of 5 feet in lieu of the required 25 -foot reversed corner side yard setback along
the east side of the Subject Property, said garage addition to be attached to an existing one -car
detached garage; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on September 7, 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 d, of the Zoning Ordinance of the Village of Deerfield for a 25 -foot
reversed corner side yard setback on the east side of the Subject Property will pose practical
difficulty or unnecessary hardship as applied to the following described Subject Property unless
varied as provided herein:
Lot 2 (except the West 62.50 feet thereof) in the Resubdivision of
Lots 1 to 10, inclusive, in Block 15 in Deerfield Park Land &
Improvement Subdivision, in the Southeast 1/4 of Section 29,
Township 43 North, Range 12, East of the third principal meridian,
according to the Plat thereof recorded of said resubdivision March 24,
1911 as Document 134561 in Book "H" of Plats, Page 97, in Lake
County Illinois.
and
The North half of the vacated alley lying south of and adjoining the
above described parcel vacated by ordinance recorded August 22,
1956 as Document 920293 in Lake County Illinois.
SECTION 3: That a variation from the strict requirements of Paragraph 3, Subparagraph d
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, two -car garage addition
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to the south elevation of the existing detached one -car garage parallel to and 5.00 feet distant from
the east property line of the Subject Property and encroaching 20.00 feet into the minimum 25 -foot
reversed corner side yard setback otherwise required under the Zoning Ordinance, provided that such
garage 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) site plan showing a 443 square foot concrete slab foundation for the proposed
two -car garage addition; (ii) east elevation showing the existing one -car detached garage and the
proposed two -car garage addition.
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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d
PASSED this 17th day of October '2005.
AYES: Benton,. Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 17th day
ATTEST:
- 10 Y44 A) k. A.2
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