O-18-12VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-18-12
AN ORDINANCE GRANTING A VARIATION FOR PROPERTY
COMMONLY KNOWN AS 695 BRIERHILL ROAD (Gaffen)
TO REDUCE THE REQUIRED FRONT YARD SETBACK
WHEREAS, Barbara Gaffen and Arnold Gaffen ("Petitioners") own the property
commonly known as 695 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;
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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
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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 day of May 2018.
ATTEST:
Village Clerk
..
Village President
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Exhibit A
The Subject Property is legally described as follows:
LOT 1 IN BRIERHILL, A SUBDIVISION OF THE WEST HALF OF THE EAST HALF OF
THE NORTHEAST QUARTER (EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND
THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE EAST HALF OF THE WEST
HALF OF THE NORTHEAST QUARTER, ALL IN SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755 IN BOOK "LM" OF
PLATS, PAGE 65, IN LAKE COUNTY ILLINOIS.
PIN: 16-33-201-036-0000
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