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O-17-23VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-17-23 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 910 BIRCH COURT (Smyth) FOR A STREET SIDE, SIDE YARD TO CONSTRUCT A SHED PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of November , 2017. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6th day of November , 2017. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-17-23 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 910 BIRCH COURT (Smyth) FOR A STREET SIDE, SIDE YARD TO CONSTRUCT A SHED WHEREAS, the owners of the property commonly known as 910 Birch Court and legally described on Exhibit I attached hereto (the "Subject Property") have petitioned for a variation from the minimum street side, side yard requirements of Article 2.03-D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the construction of a detached accessory structure (a 10' x 10' x 8'-6" shed) on the Subject Property encroaching 6 feet at the northeast corner and I foot at the southeast corner; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on September 26, 2017 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 as 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 ofthe 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 1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 3: That a variation from the strict provisions of Article 2.03-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 detached accessory structure shed (10' x 10' x 8'-6") on the Subject Property encroaching into the street side, side yard at 6 feet at the northeast corner and I foot at the southeast corner. SECTION 4: That this variation is granted subject to Petitioners' 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. -2- 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 6th day of November 2017. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro NAYS: None ABSENT: Struthers ABSTAIN: None APPROVED this 6th day of November , 2017. U/ -3- Village President Exhibit A The Subject Property is legally described as follows: LOT 4 IN DEMSTER HOME DEVELOPMENTCOS ADDITION TO DEERFIELD BEING A SUBDIVISION OF LOT 1 AND 2 IN RIX-RAMSKILL SUBDIVISIONIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 30, 1965 AS DOCUMENT 1279549, IN BOOK 43 OF PLATS, PAGE 10, IN LAKE COUNTY ILLINOIS. -4-