O-98-32ORDINANCE NO. 0-98- 3 2
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS
OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY
COMMONLY KNOWN AS 406 BRIERHILL ROAD, DEERFIELD, ILLINOIS
WHEREAS, Gary and Marylou Cooper (collectively, "Petitioner ") have petitioned for
variation from the strict provisions of Article 2.02B of the Zoning Ordinance of the Village of
Deerfield, passed April 17, 1978, as amended, as applied to the property legally described below
which would permit a two -lot subdivision with proposed lot 2 having an access strip of 78.63 feet in
lieu of the minimum 100 feet required; 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 recommendations of the Zoning Board of
ONE: 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 practical difficulties and
TWO: 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
Petitioner's property, which is legally described below and made a part hereof:
LOT 2 OF THE PROPOSED COOPER RESUBDIVISION BEING A
RESUBDIVISION OF
PARCEL 1: LOT 20, IN BRIERHILL, A SUBDIVISION OF THE WEST 1/2 OF
THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10 CHAINS
THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE
EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED APRIL 16,
1923, AS DOCUMENT NO. 222755 IN BOOK "L" OF PLATS, PAGE 65, IN
LAKE COUNTY, ILLINOIS.
AND
PARCEL 2: THAT PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
JKS 183763 . 1 April 28, 1998.
ORDINANCE NO. 0 -98- 3-2
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS
OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY
COMMONLY KNOWN AS 406 BRIERHILL ROAD, DEERFIELD, ILLINOIS
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT 20 IN BRIERHILL A SUBDIVISION AS PART
OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST 400 FEET
ON THE SOUTH LINE OF SAID LOT 20 TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE SOUTH 33 FEET ON THE WEST LINE OF SAID LOT 20
EXTENDED; THENCE EAST 400 FEET ON A LINE PARALLEL WITH THE
SOUTH LINE OF SAID LOT 20 TO A POINT 33 FEET SOUTH OF THE PLACE
OF BEGINNING AND THENCE NORTH 33 FEET TO THE PLACE OF
BEGINNING IN LAKE COUNTY, ILLINOIS.
SECTION That a variation from the strict provisions of Article 2.02B of the Zoning
THREE: 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 two -lot subdivision with proposed lot 2 having an access strip of 78.63 feet in lieu of the
minimum 100 feet required.
SECTION That the variation hereby granted is subject to (i) compliance by the
FOUR: Petitioner with all other applicable provisions of the Zoning Ordinance
and with all other applicable ordinances of the Village of Deerfield, (ii)
Petitioner's substantial compliance with the Landscape Development Plan prepared by Doering
Landscape Contractors dated February 3, 1998, and (iii) Petitioner's construction of the home
within the stipulated building envelope.
SECTION That this Ordinance shall be in full force and effect from and after its
FIVE: passage and approval, as provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5)
NAYS: None (0 )
ABSENT: Swanson (1)
PASSED: This 3rd day of August A.D., 1998.
APPROVED: This 3rd day of August A.D., 1998.
JKS 183763 . 1 April 28, 1998 2
VILLAGE PRESIDENT (Pro Tem)i
r'
f
a
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
) SS
) 4204539
Filed for Record in:
LAKE COUNTY IL
MARY ELLEN OANDERVENTER - RECORDER
On Sep 14 1998
At 1 :ilaa
Receipt #: 128807
Doc /Type ORD
Deputy - Cashier #4
The undersigned hereby certifies that he 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
Ordinance No. 0- 98- 3jLentitled "An Ordinance Granting a Variation from the Provisions of the
Zoning Ordinance with Respect to the Property Commonly Known as 406 Bri.erhill Road,
Deerfield, Illinois"
as appears in the records and files of the office of the Village Clerk.
Dated this August 4, 1998
Village
Submitted by:
Village of Deerfield
850 'Waukegan Road
Deerfield, IL 60015
ORDINANCE NO. 0 -98- 3 2
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS
OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY
COMMONLY KNOWN AS 406 BRIERHILL ROAD DEERFIELD ILLINOIS
WHEREAS, Gary and Marylou Cooper (collectively, "Petitioner ") have petitioned for a
variation from the strict provisions of Article 2.02B of the Zoning Ordinance of the Village of
Deerfield, passed April 17, 1978, as amended, as applied to the property legally described below
which would permit a two -lot subdivision with proposed lot 2 having an access strip of 78.63 feet in
lieu of the minimum 100 feet required; 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 thrL 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 recommendations of the Zoning Board of
ONE: 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 practical difficulties and
TWO: 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
Petitioner's property, which is legally described below and made a part hereof:
LOT 2 OF THE PROPOSED COOPER RESUBDIVISION BEING A
RESUBDIVISION OF
PARCEL 1: LOT 20, IN BRIERHILL, A SUBDIVISION OF THE WEST 1/2 OF
THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10 CHAINS
THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE
EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED APRIL 16,
1923, AS DOCUMENT NO. 222755 IN BOOK "L" OF PLATS, PAGE 65, IN
LAKE COUNTY, ILLINOIS.
AND
PARCEL 2: THAT PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
JKS 183763 . 1 April 28, 1998
4204539 �
ORDINANCE NO. 0-98- 3 2
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS
OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY
COMMONLY KNOWN AS 406 BRIERHILL ROAD, DEERFIELD. ILLINOIS
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT 20 IN BRIERHILL A SUBDIVISION AS PART
OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST 400 FEET
ON THE SOUTH LINE OF SAID LOT 20 TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE SOUTH 33 FEET ON THE WEST LINE OF SAID LOT 20
EXTENDED; THENCE EAST 400 FEET ON A LINE PARALLEL WITH THE
SOUTH LINE OF SAID LOT 20 TO A POINT 33 FEET SOUTH OF THE PLACE
OF BEGINNING AND THENCE NORTH 33 FEET TO THE PLACE OF
BEGINNING IN LAKE COUNTY, ILLINOIS.
SECTION That a variation from the strict provisions of Article 2.02B of the Zoning
THREE: 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 two -lot subdivision with proposed lot 2 having an access strip of 78.63 feet in lieu of the
minimum 100 feet required.
SECTION That the variation hereby granted is subject to (i) compliance by the
FOUR: Petitioner with all other applicable provisions of the Zoning Ordinance
and with all other applicable ordinances of the Village of Deerfield, (ii)
Petitioner's substantial compliance with the Landscape Development Plan prepared by Doering
Landscape Contractors dated February 3, 1998, and (iii) Petitioner's construction of the home
within the stipulated building envelope.
SECTION That this Ordinance shall be in full force and effect from and after its
FIVE: passage and approval, as provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5)
NAYS: None (0 )
ABSENT: Swanson (1)
PASSED: This 3rd day of August A.D., 1998.
APPROVED: This 3rd day of August A.D., 1998.
it A
JKS 183763 . 1 April 28, 1998
2
VILLAGE PRESIDENT (Pro Tem)
4204539
5