O-10-25VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -25
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 160 MILLSTONE ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of August , 2010.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
16th day of August , 2010.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -25
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 160 MILLSTONE ROAD
WHEREAS, the owners of the property commonly known as 160 Millstone Road and legally
described herein (the "Subject Property") have petitioned for a variation from the 30 -foot established front
yard setback requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of
Deerfield, as amended, to permit the construction -of a 2' -6" deep by T -6" gable roof structure supported
by two columns with a 27.0 -foot front yard.setback to cover the front entry of the existing single- family
residence on the Subject Property in the R -3 Residence District; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on
June 15, 2010 to consider said petition, said hearing being held pursuant to public notice 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 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 a variation from the 30 -foot established front yard setback
requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as
amended, to permit the construction of a 2' -6" deep by 7' -6" gable roof structure supported by two
columns with a 27.0 -foot front yard setback to cover the front entry of the existing single - family residence
on the Subject Property in lieu of the 30 -foot established front yard setback otherwise required by Article
2.02 -D, Paragraph 1, of the Zoning Ordinance;
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.
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 2.02 -D,
Paragraph 1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or
unnecessary hardship as applied to the following described Subject Property unless varied as
provided herein:
Lot 3 in the Kings Cove Resubdivision of Lots 38 to 48, both inclusive, Lots 58 to
63, both inclusive and Lots 69 and 76, both inclusive, in Nixon- Blietz Deerfield
development unit one, being a subdivision of parts of the southwest '/4 of the
southwest' /4 of Section 27 and the northwest' /4 ofthe northwest' /4 of Section 34, all
in Township 43 North, Range 12, East of the Third Principal Meridian, lying easterly
of the west Skokie. drainage ditch, in Lake County, Illinois.
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 to permit the construction of a 2' -6" deep by 7' -6" gable roof structure supported
by two columns, with a 27.0 -foot front yard setback in lieu of the 30 -foot established front yard
setback that would otherwise be required by Article 2.02 -D, Paragraph 1, to cover the front entry of
the existing single - family residence on the Subject Property, all in accordance with and to the extent
provided by the following documents depicting the nature and extent of said gable roof and the
resulting encroachment into the established 30 -foot front yard setback: (i) Plat of Survey dated
January 20, 2010 by Professionals Associated Survey, Inc.; (ii) Site Plan depicting "Existing 1 and
2 -story Aluminum Siding House WBasement" at 160 Millstone Road; (iii) Sketch depicting the
west elevation and front elevation of the existing house at 160 Millstone Road with new gable roof
structure supported by two fiberglass columns; (iv) 1 st Floor Plan Sheet with dimensions for the new
gable roof structure supported by two fiberglass columns covering the front entry to the existing
single - family house; and (v) the supporting documents, materials and testimony submitted by
Petitioners which are hereby incorporated by this reference and made a part of this Ordinance.
SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners
with the requirements of this Ordinance, with all applicable 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 16th day of August , 2010.
AYES: Farkas, Jester, Oppenhim, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Benton (1)
ABSTAIN: None (0)
APPROVED this 16th day of August , 2010.
Village President
ATTEST:
Vill ge Clerk