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O-14-16VILLAGE OF DEERFIELD LAKE. AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -16 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 1057 SHERIDAN AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 18th day of August 2014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18tbay of August 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -16 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 1057 SHERIDAN AVENUE WHEREAS, the owners ( "Petitioners ") of the property commonly known as 1057 Sheridan Avenue and legally described herein (the "Subject Property ") petitioned the Board of Zoning Appeals of the Village of Deerfield for a variation from the corner side yard requirements of Article 4.03 -P, Paragraph 3, Subparagraph c of the Zoning Ordinance of the Village of Deerfield to permit the construction of a single - family residence on the Subject Property with a 13 -foot corner side yard on the north side of the Subject Property in lieu of the minimum 15 -foot corner side yard otherwise required by the Zoning Ordinance; and WHEREAS, the Board of Zoning Appeals held a public hearing on June 17, 2014 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 requirements 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, 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 c of the Zoning Ordinance of the Village of Deerfield for a minimum 15 -foot corner side yard will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: PARCEL l: LOT 50 AND 51 IN BLOCK 8 IN DEERFIELD PARKLAND AND IMPROVEMENT ASSOCIATION SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 5, 1898, IN BOOK "D" OF PLATS, PAGES 64 -67, INCLUSIVE, AS DOCUMENT NO. 70892, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE WEST _ OF VACATED ALLEY LYING EASTERLY AND ADJOINING PARCEL 1, AS VACATED BY THE ORDINANCE RECORDED AUGUST 27, 1965, AS DOCUMENT 1275085, IN LAKE COUNTY ILLINOIS. PIN 16- 29- 414 -001 SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph c 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 single - family residence on the Subject Property with a 13 -foot corner side yard on the north side of the Subject -2- Property in lieu of the minimum 15 -foot corner side yard otherwise required by the Zoning Ordinance, provided that such single- family residence shall be constructed and maintained in accordance with and to the extent provided by the following plans and supporting materials submitted by Petitioners and describing the proposed single- family residence to be constructed on the Subject Property, all of which are hereby incorporated and made a part of this Ordinance by this reference: (i) Plat of Survey by R. E. Decker, P.C., dated May 8, 2014; (ii) Drawing of 1 st Floor Plan and 2 "d Floor Plan by Jeffery J. Heaney Architects for the Krummenacher Residence at 1057 Sheridan Avenue; (iii) Sheet 2 by Jeffery J. Heaney Architects for the Krummenacher Residence at 1057 Sheridan Avenue, depicting the north, west, south and east elevations of the proposed single - family residence; (iv) site plan sketch by Jakob Krummenacher showing the siting of the existing house, existing garage and proposed house on the Subject Property. SECTION 4: That this variation is granted 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. -3- 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 18th day of August '2014. AYES: Benton, Farkas, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 18th day of August 2014. ATTEST: Village Clerk -4- Village President