O-06-38VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -38
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY
COMMONLY KNOWN AS 689 DEERPATH DRIVE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of August , 2006.
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 August , 2006.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -38
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY
COMMONLY KNOWN AS 689 DEERPATH DRIVE
WHEREAS, the owners of the property commonly known as 689 Deerpath Drive and
legally described herein (the "Subject Property ") have petitioned for a variation to reduce the
minimum required separation between a principal structure and a detached accessory structure as
specified in Article 2.03 -D, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield, as
amended, to permit the construction of a one -story sun room addition to the existing single
family structure on the Subject Property that would extend to within five feet of the existing legal
non - conforming garage on the Subject Property; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on June 20, 2006 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 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, 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 2.03 -D,
Paragraph 3, for a minimum separation of ten feet between the principal structure on the Subject
Property and the existing non - conforming accessory structure on the Subject Property will pose
practical difficulty or unnecessary hardship as applied to the following described as Subject
Property unless varied as provided herein:
Lot 13 (Except The North 6.0 Ft. Thereof) In Westview, Being A
Subdivision Of The East 1/2 Of The East 1/2 Of The N.E. 1/4 Of
The N.W. 1/4 Of Sec. 32 -7, Township 43 North, Range 12 East Of
The P P.M. In Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, of Article 2.03-
D 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 sun room addition to the
existing single family structure on the Subject Property extending to within 5 feet of the existing
legal non - conforming garage in lieu of the minimum ten foot separation between a principal
structure and a detached accessory structure otherwise required by the Zoning Ordinance of the
Village of Deerfield, 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 Petitioners and describing the proposed sun room addition: (i) survey of the
subject property by D.J.L. Walther of Wilmette, IL; (ii) undated and untitled elevation of
proposed sunroom addition; (iii) undated and untitled floor plan of proposed sunroom addition.
2
SECTION 4: That the variation hereby granted is subject to Petitioners compliance with
the requirements of this Ordinance, with all provisions of the Zoning Ordinance of the Village of
Deerfield 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 7th day of August , 2006.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 7th da
ATTEST:
Village Clerk