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O-16-15VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -16 -15 AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION FOR PROPERTY LOCATED AT 705 INDIAN HILL ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of June 2016. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of June 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -16 -15 AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION FOR PROPERTY LOCATED AT 705 INDIAN HILL ROAD WHEREAS, the owners of the property commonly known as 705 Indian Hill Road and legally described herein (the "Subject Property ") have petitioned for a modification from the maximum height requirements for rear yard fences of Article 2.04 -H, Paragraph 3, Subparagraph b. of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the installation and maintenance of a 10 -foot high ball containment fence in the required rear yard of the Subject Property in lieu of the maximum 7 -foot height permitted by the Zoning Ordinance; and WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on April 5, 2016 to consider said petition, said hearing being held pursuant to public notice duly given and published as required by law and conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village 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 fence modification conforms to the standards for modifications set forth in Article 13.08 -D of the Zoning Ordinance of the Village of Deerfield and recommending that the Board of Trustees grant the requested fence modification; 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 hereby 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 application of the requirements of Article 2.04 -H, Paragraph 3, Subparagraph b. of the Zoning Ordinance of the Village of Deerfield for a maximum height of 7 feet for a fence erected in the required yard of the Subject Property would produce unnecessary or undesirable results as applied to the following described Subject Property unless modified as provided herein: Lot 3 in Deerfield Park unit number 5, being a subdivision of part of the northwest quarter of Section 32, Township 43 north, Range 12, east of the Third Principal Meridian, according to the Plat thereof recorded August 28, 1956 as document number 921076, in Book 33 of Plats, page 118, in Lake County, Illinois. Commonly known as 705 Indian Hill Road, Deerfield, Illinois 60015. SECTION 3: That a modification from the strict provisions of Paragraph 3, Subparagraph b., of Article 2.04 -H of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property to permit the installation and maintenance of a 10 -foot high ball containment fence within the required rear yard of the Subject Property with a height of 10.0 feet in lieu of the maximum height of 7.0 feet otherwise permitted for rear yard fences, provided that such fence 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 fence: (i) plat of survey by Bleck Engineering Company, Inc. depicting the Subject Property and foundation under construction as of April 8, 2015; (ii) grading plan for 705 Indian Hill Road depicting the sports court addition, dated October 2, 2014 and revised August -2- 27, 2015 by Bleck Engineering Company, Inc.; (iii) product specification sheet for SnapBack 10x10 10x15 Adjustable Rebounder System by SnapSports Company dated 01/03/07, and product specification sheet for SnapSports Ball Containment system by SnapSports Company, dated 01/02/07; (iv) 2 -page sketch by Outdoor Livingscapes, Inc as revision to Permit No. 55313 depicting the location of 10 foot high adjustable rebounder system and 10 foot high ball containment netting in relation to the existing sports court. SECTION 4: That the modification 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. [This Space Left Blank Intentionally] -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 20th day of June 2016. AYES: Farkas, Jester, Nadler, Seiden, Shapiro NAYS: Struthers ABSENT: 0 ABSTAIN:0 APPROVED this 20th ATTEST: Village C1 4k day of June '2016. -4- Village President