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O-84-50ORDINANCE NO. 0 -84 -50 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS 1438 WAUKEGAN ROAD, DEERFIELD, ILLINOIS WHEREAS, EUGENE KONSLER and CAPITAL DEVELOPMENT CORP. have petitioned for variations from the strict provisions of Article 4.5 -6 of the Zoning Ordinance of-the Village of Deerfield passed April 17, 1978, as amended, to permit a 40 -foot side yard along the north property line in lieu of the required 62 feet and a 20 -foot side yard along the south property line in lieu of the required 58 feet; and WHEREAS, pursuant to notice duly published, as required by statute, a public hearing on said petition was held and conducted by the Zoning Board of Appeals of the Village of Deerfield; and WHEREAS, as the result of comments received by members of the Board of Zoning Appeals and members of the public, the Petitioners amended their proposal to provide for a 38 -foot side yard along the north property line, a variable side yard along the south property line ranging from 13 feet to 29 feet, and a 17 -foot rear yard along the west property line in lieu of the 25 -foot rear yard setback required in the R -5 District; and WHEREAS, the Zoning Board of Appeals has filed with the President and Board of Trustees its written findings of fact,and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the findings of fact and recommendation of the ONE: Zoning Board of Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees. SECTION That the Board of Trustees finds that there are prac- TWO: tical difficulties and particular hardships in the way of carrying out the strict letter of the provisions of the Zoning Ordinance of the Village of Deerfield as applied to Petitioners' property, which is legally described as follows: Lots 2 and 3 in Sack's Subdivision, being a subdivision of part of the North half of the Northeast quarter of Section 29, Township 43 North, Range 12, East of the 3rd Principal Meridian according to the plat thereof, recorded November 17, 1970, as Document 1481095, in Lake County, Illinois. SECTION That a variation from the strict provisions of Article THREE: 4.5 -6 of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, with respect to the property hereinabove described, is hereby granted, so as to permit a 38 -foot side yard along the north property line in lieu of the required 62 feet and a variable side yard along the south property line ranging from 13 feet to 29 feet in lieu of the required 58 feet, and a 17 -foot rear yard along the west property line in lieu of the required 25 -feet; all in accordance with the plans presented and filed with the Zoning Board of Appeals. SECTION That the variations hereby granted are subject to FOUR: compliance by the Petitioners with all other appli- cable provisions of the Zoning Ordinance and with all other applicable ordinances of the Village of Deerfield, and also subject to: (a) Petitioners' providing suitable emergency access along the south property line that meets with approval of the Deerfield Bannockburn Fire Protection District in the following respects: (i) the access shall be by means of a combina- tion of a hard - surfaced lane and patios constructed in such a way as to support the weight of an emergency vehicle; (ii) no plantings, fences or other obstructions shall be erected on the patios or between the patios and the lane, with the exception of a privacy hedge that will not impede an emergency vehicle; and (iii) both the lane and patios shall be kept clear of snow accumulations. (b) The foregoing covenants relating to emergency access shall be memorialized by condominium declaration or other instrument, which shall be approved by the Village Attorney for compli- ance with this ordinance and shall be recorded against the property prior to issuance of any occupancy permit. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage and approval as provided by law. AYES: Jackson, Marovitz, Seidman, Swanson (4) NAYS: Marty, York (2) ABSENT: None (0) PASSED This 19th day of November A.D. , 1984. APPROVED this 19th day of November A.D. , 1984. Village President ATTEST: l 1 Village Clerk PASSED DECEMBER.31%:.'1984:OVER,THE MAYOR`S.VETO, ON FOLLOWING VOTE: AYES: Jackson, Marovitz -,'Seidman, Swanson (4) NAYS: Marty, York (2) I I I I 1 I EXHIBIT A ?f I r I Lots ,2 and 3 in sack's Subdivision, being a Subdivision of part of the North half of the North East uarter of Section 29, Township 43 North, Range 12, •East of the 3rd' P. M., according to the plat thereof,' recorded November 17,'1970, as Document 141095, in Lake:•.i,al;' County,' Illinois. 1 1 ''alit I t Ir 1 r O I , ' \ I' t ' 1 � I t y I