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O-18-13VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-13 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 636 BRIERHILL ROAD (Bucksbaum) TO REDUCE THE REQUIRED FRONT YARD SETBACK PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of May , 2018. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21 st day of May , 2018. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-13 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 636 BRIERHILL ROAD (Bucksbaum) TO REDUCE THE REQUIRED FRONT YARD SETBACK WHEREAS, Louis Bucksbaum and Julie Bucksbaum (the "Petitioners") own the property commonly known as 636 Brierhill Road and legally described on Exhibit 1 attached hereto (the "Subject Property"); and WHEREAS, Petitioners petitioned for a variation from the established front yard setback requirements of Article 2.02-D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as amended (the "Zoning Ordinance"), to permit the construction of a single family home on the Subject Property with a front yard setback of 140 feet where a front yard setback of 166 feet is required; and WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on March 20, 2018, 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; 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 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 2.02-D, Paragraph 1, of the Zoning Ordinance 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 2.02-D, Paragraph 1, of the Zoning Ordinance, as amended, is hereby granted with respect to the Subject Property to permit the construction of a single family home on the Subject Property with a front yard setback of 140 feet where a front yard setback of 166 feet is required. SECTION 4: That this variation is granted subject to Petitioners' compliance with the requirements of this Ordinance, with all applicable provisions of the 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 -2- 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 21st day of May 2018. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 21st ATTEST: illage Cler: day of May 2018. -3- Village Pre ident Exhibit A The Subject Property is legally described as follows: THE SOUTH '/2 OF LOT 3 AND ALL OF LOT 4 IN BRIERHILL SUBDIVISION, A SUBDIVISION OF THE WEST %2 OF THE EAST %2 OF THE NORTHEAST '/< (EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE EAST %2 OF THE WEST %2 OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755 IN BOOK "L" OF PLATS, PAGE 65, IN LAKE COUNTY ILLINOIS. PIN: 16-33-201-038-0000 1E