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O-84-64CORRECTED COPY ORDINANCE NO. 0 -84 -64 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS 500 LAKE -COOK ROAD., DEERFIELD, ILLINOIS WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY as Trustee under a Trust Agreement dated August 31, 1983 and known as Trust Number 59087 (herein referred to as "Petitioner ") have petitioned for a variation from the strict provisions of Article 6.1 -6(5) of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, to permit the construction of buildings having a height, excluding mechanical penthouse, not to exceed 52 feet as measured from the finished first floor elevation in lieu of the permitted 45 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, 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 there are practical difficulties and particular TWO: 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 Petitioner's property, which is legally described on Exhibit A attached hereto and made a part hereof. SECTION That a variation from the strict provisions of THREE: Article 6.1 -6(5), respectively, 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 to permit the construction of buildings having a height excluding mechanical penthouse not to exceed 52 feet as measured from the finished first floor elevation in lieu of the required 45 feet, all in strict accordance with the plans presented and filed with the Zoning Board of Appeals and in accordance with testimony provided by Petitioner in support thereof. SECTION That the variation hereby granted is subject to FOUR: compliance by the Petitioner with all other applicable provisions of the Zoning Ordinance and with all other applicable ordinances of the Village of Deerfield. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication, as provided by law. AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) ABSENT: Jackson, Marovitz (2) PASSED this 17th day of December, A.D.,.1984. APPROVED this 17th day of December, A.D., 1984. VILLAGE PRESIDENT ATTEST: V Village Clerk PARCEL 1: THAT PART OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTH WEST 1/4 476.18 FEET WEST OF THE SOUTH EAST CORNER OF SAID SOUTH WEST 1/4; THENCE NORTH ALONG A LINE 476.18 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTH WEST 1/4 TO A POINT ON THE NORTH LINE OF THE SOUTH 12.RODS OF THE NORTH 1%2 OF THE SOUTH WEST 1/4 OF SAID SECTION 33; THENCE WEST ALONG THE NORTH LINE OF THE SOUTH 12 RODS OF THE NORTH 1/2 OF THE SOUTH WEST 1/4 TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO,.MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY TO THE SOUT}{ LINE OF THE SOUTH WEST 1/4; THENCE EAST ALONG SAID SOUTH LINE OF THE SOUTH WEST 1/4, 400 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 242 FEET OF THE NORTH 877.6 FEET OF THAT PART OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING BETWEEN THE CENTER LINE OF WAUKEGAN ROAD (FORMERLY TELEGRAPH ROAD) AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY (EXCEPTING THE EASTERLY 430.56 FEET AS MEASURED ON THE NORTH AND SOUTH LINES OF SAID DESCRIBED PREMISES) AND (EXCEPT THAT PART OF-THE SOUTH 242.2 FEET OF THE NORTIL 877.6 FEET OF THAT PART OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING BETWEEN THE CENTER LINE OF WAUKEGAN ROAD AND THEj EASTERLY LINE OF TIIE RIG}CT OF WAY OF 'ME CHICAGO, MILWAUKTE AND ST. PAUL RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THE SOUTH WEST 1/4 OF SECTION 33 AFORESAID AND SAID EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, AND RUNNING TLLENCE SOUTHEASTERLY ALONG TILE EASTERLY LINE OF THE RIGHT OF WAY OF SAID CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, 200 FEET; THENCE NORTHEASTERLY 214.12 FEET, MORE OR LESS, TO A POINT ON SAID NORTH LINE OF THE SOUTH 242.2 FEET.OF THE NORTH 877.6 FEET OF THE SOUTH WEST 1/4 OF SECTION 33, 200 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THE SOUTH WEST 1/4 OF SECTION 33, 200 FEET TO SAID EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD AND THE POINT OF BEGINNING) AND.(EXCEPT THAT PART THEREOF DEDICATED TO THE VILLAGE OF DEERFIELD BY INSTRUMENT RECORDED DECEMBER 27, 1974 AS DOCUMENT 1692139), IN LAKE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF TILE NORTH 1/2 OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES WEST OF A LINE 430.56 FEET WEST OF THE CENTER DINE OF WAUKEGAN ROAD (FORMERLY TELEGRAPH ROAD), AS MEASURED ALONG THE NORTH AND SOUTH LINES OF SAID HALF QUARTER.SECTION, AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY COMPANY (EXCEPT THE NORTH 877.6 FEET THEREOF, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID HALF QUARTER SECTION) AND (EXCEPT THE SOUTH 198 FEET THEREOF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID HALF QUARTER SECTION), IN LAKE COUNTY, ILLINOIS. 219-0859 STATE OF ILLINOIS ) COUNTIES. OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) j DEERE IELO, ILLINOIS 850 WAUKEGAN ROAD * DEERFIELD, ILLINOIS 60015' The undersigned hereby certifies that she is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois and that the attached is a true and accurate copy of .CORRECTED COPY OF ORDINANCE NUMBERj0 -84 -64 ENTITLED " AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS 500 LAKE -COOK ROAD, DEERFIELD, ILLINOIS" confirmed pawik* by the President and Board of Trustees of the said Village at a regular meeting thereof held on OCTOBER 7, 1985 and.now in full force and effect, all as appears in the records and files of the office of the Village Clerk. Dated` this a > Y SriAii'' o- OCTOBER 8, 1985 F� 4 P1,r. M...0 f 0 Naomi S. Clampitt Village Clerk CORRECTED COPY ORDINANCE NO. 0 -84 -64 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS 500 LAKE -COOK ROAD, DEERFIELD, ILLINOIS WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY as Trustee under a Trust Agreement dated August 31, 1983 and known as Trust Number 59087 (herein referred to as "Petitioner ") have petitioned for a variation from the..__..,__ strict provisions of Article 6.1 -6(5) of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, to permit the construction of buildings having a height, excluding mechanical penthouse, not to exceed 52 feet as measured from the finished first floor elevation in lieu of the permitted 45 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, 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 there are practical difficulties and particular TWO: 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 Petitioner's property, which is legally described on Exhibit A attached hereto and made a part hereof. SECTION That a variation from the strict provisions of THREE: Article 6.1 -6(5), respectively, 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 to permit the construction of buildings having a height excluding mechanical penthouse not to exceed 52 feet as measured from the finished first floor elevation in lieu of the required 45 feet, all in strict accordance with the plans presented and filed with the Zoning Board of Appeals and in accordance with testimony provided by Petitioner in support thereof. SECTION That the variation hereby granted is subject to FOUR: compliance by the Petitioner with all other applicable provisions of the Zoning Ordinance and with all other applicable ordinances of the Village of Deerfield. 5g SECTION That the variation hereby granted is subject to FOUR: compliance by the Petitioner with all other applicable provisions of the Zoning Ordinance and with all other applicable ordinances of the Village of Deerfield. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication, as provided by law. AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) ABSENT Jackson, Marovitz (2) PASSED this 17th day of December A.D., 1984. APPROVED this 17th day of December A.D. 1984. ATTEST: VILLAGE CLERK` t VILLAGE PRESIDENT En W 0 0 rn co r C cn to r p o CD in PARCEL 1: THAT P4 OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTH WEST 1/4 476.18 FEET WEST OF THE SOUTH EAST CORNER OF SAID SOUTH WEST 1/4; THENCE NORTH ALONG A LINE 476.18 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTH WEST 1/4 TO A POINT ON THE NORTH LINE OF THE SOUTH 12 RODS OF THE NORTH 172 OF THE SOUTH WEST 1/4 OF SAID SECTION 33; THENCE WEST ALONG THE NORTH LINE OF THE SOUTH 12 RODS OF THE NORTH 1/ -2 OF THE SOUTH WEST 1/4 TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY; THENCE SOUTHEASTERLY ALONG TILE NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST-PAUL AND PACIFIC RAILWAY TO THE SOUTH LINE OF THE SOUTH WEST 1/4; THENCE EAST ALONG SAID SOUTH LINE OF THE SOUTH WEST 1/4, 400 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 242 FEET OF THE NORTH 877.6 FEET OF THAT PART OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING BETWEEN THE CENTER LINE OF WAUKEGAN ROAD (FORMERLY TELEGRAPH ROAD) AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY (EXCEPTING THE EASTERLY 430.56 FEET AS MEASURED ON THE NORTH AND SOUTH LINES OF SAID DESCRIBED PREMISES) AND (EXCEPT THAT PART OF THE SOUTH 242.2 FEET OF TILE NORTH 877.6 FEET OF THAT PART OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING BETWEEN THE CENTER LINE OF WAUKEGAN ROAD AND THEi EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKTE AND ST. PAUL RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF TILE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF T}LE SOUTH WEST 1/4 OF SECTION 33 AFORESAID AND SAID EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, AND RUNNING THENCE SOUTHEASTERLY ALONG TILE EASTERLY LINE OF TILE RIGHT OF WAY OF SAID CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, 200 FEET; THENCE NORTHEASTERLY 214.12 FEET, MORE OR LESS, TO A POINT ON SAID NORTH LINE OF THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THE SOUTH WEST 1/4 OF SECTION 33, 200 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THE SOUTH WEST 1/4 OF SECTION 33, 200 FEET TO SAID EASTERLY LINE OF THE RIGHT OF WAY OF TILE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD AND THE POINT OF BEGINNING) AND-(EXCEPT THAT PART THEREOF DEDICATED TO THE VILLAGE OF DEERFIELD BY INSTRUMENT RECORDED DECEMBER 27, 1974 AS DOCUMENT 1692139), IN LAKE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE'NORTH 1/2 OF THE SOUTH WEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES WEST OF A LINE 430.56 FEET WEST OF TI{E CENTER LINE OF WAUKEGAN ROAD (FORMERLY TELEGRAPH ROAD), AS MEASURED ALONG THE NORTH AND SOUTH LINES OF SAID HALF QUARTER.SECTION, AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF TILE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY COMPANY (EXCEPT THE NORTH 877.6 FEET THEREOF, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID HALF QUARTER SECTION) AND (EXCEPT THE SOUTH 198 FEET THEREOF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID HALF QUARTER SECTION), IN LAKE COUNTY, ILLINOIS.