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O-07-34VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -34 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1413 WINCANTON DRIVE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of November , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of November , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -34 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1413 WINCANTON DRIVE WHEREAS, the owners of the property commonly known as 1413 Wincanton Drive and legally described herein (the "Subject Property ") have petitioned for a variation from the requirements of Article 4.01 -17, Paragraph 3, Subparagraph b of the Zoning Ordinance of the Village of Deerfield to permit the construction of a two -story addition extending the south line of the existing residence located on the Subject Property a distance of 20.00 feet along a line varying from 10.0 feet to 7.666 feet distant from the south property line of the Subject Property, encroaching a maximum of 2.334 feet into the minimum required 10 -foot south side yard setback for a total encroachment of approximately 21 square feet of building footprint area; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on September 5, 2007 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 statues of the State of Illinois and 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, 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 4.01 -F, Paragraph 3, Subsection b of the Zoning Ordinance of the Village of Deerfield for a minimum required 10 -foot south side yard setback will pose practical difficulty or unnecessary hardship as applied to the following described property (the "Subject Property") unless varied as provided herein: Lot 64 in Scatterwood Unit 4, being a Subdivision of part of the West 1/2 of the Northwest 1/4 of Section 28, Township 43North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded May 9, 1963, as Document 1185027, in Book 40 of Plats, Page 16, in Lake County, Illinois. SECTION 3: That a 2.334 -foot variation from the strict provisions of Paragraph 3, Subparagraph b of Article 4.01 -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 two -story addition to the existing single - family residence on the Subject Property extending the south wall of the existing structure a distance of 20.00 feet along a line varying from 10.0 feet to 7.666 feet distant from the south property line of the Subject Property, encroaching a maximum of 2.334 feet into the minimum required 10 -foot south side yard setback for a total encroachment of approximately 21 square feet of building area, all in strict conformance with and to the extent provided by the following documents depicting the nature and extent of said encroachment: (i) Plat of Survey of the Subject Property dated March 25, 2002, by Jens K. Doe Professional Land Surveyors, P.C.; (ii) Site Plan depicting existing conditions of the Subject Property and Zoning Information related thereto by Biondi + Munson Architects, Inc. dated 08.01.07; (iii) Site Plan depicting existing the proposed two -story brick and frame addition and proposed one -story frame addition of the Subject Property and Zoning Information related thereto by Biondi + Munson Architects, Inc. dated 08.01.07; (iv) First Floor Plan Sheet A.2z depicting the existing structure and proposed addition by Biondi + Munson Architects, Inc. dated 08.01.07; (v) Second Floor Plan Sheet A.3z depicting the existing structure and proposed addition, by Biondi + Munson Architects, Inc. dated 08.01.07; (vi) South Elevation and East Elevation Plan Sheet A.4z depicting the existing structure and proposed addition by Biondi + Munson Architects, Inc. dated 08.01.07. SECTION 4: That the variation hereby granted is subject to Petitioner's 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 5th day of November , 2007. AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: Feldman (1) ABSENT: None (0) ABSTAIN: APPROVED this 5th ATTEST: 9 4 1 W � , � ,,.