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O-02-21VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-21 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1610 TALL TREE LANE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of June 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of June , 2002. -r y U? -c- co 110 P VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-21 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1610 TALL TREE LANE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of June 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of June , 2002. -r y U? -c- co 110 I I - STATE OF ILLINOIS ) 4975489 COUNTIES OF LAKE AND COOK ) SS FILED FOR RECORD BY: VILLAGE OF DEERFIELD ) MARY ELLEN VANDERVENTER LAKE COUNTY 'IL RECORDER 08/02/2002 - 03:24:04 P.M. RECEIPT 29125 DRAWER *: 17 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 -02 -21 entitled "An Ordinance Granting a Variation from the Provisions of the Zoning Ordinance for Certain Property Commonly Known as 1610 Tall Tree Lane, Deerfield, Illinois" as appears in the records and files of the office of the Village Clerk. SEAL Dated this June 4. 2002 Ar Submitted by: a P -7-21 I'll Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 M5489 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-21 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1610 TALL TREE LANE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property, commonly known as 1610 Tall Tree Lane (the "Petitioners ") have petitioned for a variation from the rear yard requirements of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield as amended, as applied to the property legally described herein to permit the construction of a two -story addition that will extend the existing west line of the single family house on the Subject Property, which currently encroaches twelve feet (12') into the required fifty foot (50') rear yard of the Subject Property in the R -1 Single- Family District, southerly to within fifteen feet (15') of the south property line of the Subject Property; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on April 16, 2002 to consider said petition, said hearing being held pursuant to public notice, and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board of Trustees containing its written findings that the requested variation conforms to the standards for variations set forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield and recommending that the President and Board of Trustees grant the requested variation; 3 0 4975489 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 recommendation of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the.President and Board of Trustees. 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 Section 3(e) of Article 4:01 -F of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: Lot 2 in Henn ann's Resubdivision (except the West 76.3 feet) of Lot 4 in Herrmann's First Addition to the Village of Deerfield, being a Subdivision in the Northeast 1/4 of Section 30, Township 43 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded September 18, 1968 as Document Number 1393789, 'on Book 47 of Plats, Page 4, in Lake County, Illinois. SECTION 3: That a variation from the strict provisions of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a two -story addition that will extend the existing west line of the single family house on the Subject Property, which currently encroaches twelve feet (12') into the required fifty foot (50') rear yard of the Subject Property in the R -1 Single- Family District, southerly to within fifteen feet (15') of the south property line of the Subject Property in accordance with and to the extent provided by the site plans, elevations and supporting documents submitted by the Petitioners, which are hereby incorporated by this reference and made a part of this Ordinance. -2- 4975489 SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this Ordinance, with all applicable provisions of the Zoning Ordinance of the Village of Deerfield, 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 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 as provided by law. PASSED this 3rd day of June 2002. AYES: Kayne, Ragona, Rosenthal, Swanson, Wylie (5) NAYS: None (0 ) -3- /P____ VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-21 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1610 TALL TREE LANE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of June , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of June , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-21 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1610 TALL TREE LANE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 1610 Tall Tree Lane (the "Petitioners ") have ;petitioned for a variation. from the rear yard requirements of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield as amended, as applied to the property legally described herein to permit the construction of a two -story addition that will extend the existing west line of the single family house on the Subject Property, which currently encroaches twelve feet (12') into the required fifty foot (50') rear yard of the Subject Property in the R -1 Single- Family District, southerly to within fifteen feet (15') of the south property line of the Subject Property; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on April 16, 2002 to consider said petition, said hearing being held pursuant to public notice, and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board of Trustees containing its written findings that the requested variation conforms to the standards for variations set forth,in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield 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 recommendation of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the.President and Board of Trustees. 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 Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: Lot 2 in Herrmann's Resubdivision (except the West 76.3 feet) of Lot 4 in Herrmann's First Addition to the Village of Deerfield, being a Subdivision in the Northeast 1/4 of Section 30, Township 43 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded September 18, 1968 as Document Number 1393789, on Book 47 of Plats, Page 4, in Lake County, Illinois. SECTION 3: That a variation from the strict provisions of Section 3(e) of Article 4.01 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a two -story addition that will extend the existing west line of the single family house on the Subject Property, which currently encroaches twelve feet (12) into the required fifty foot (50) rear yard of the Subject Property in the R -1 Single- Family District, southerly to within fifteen feet (15') of the south property line of the Subject Property in accordance with and to the extent provided by the site plans, elevations and supporting documents submitted by the Petitioners, which are hereby incorporated by this reference and made a part of this Ordinance. -2- SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this Ordinance, with all applicable provisions of the Zoning Ordinance of the Village of Deerfield, 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 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 as provided by law. PASSED this 3rd day of June , 2002. AYES: Kayne, Ragona, Rosenthal, Swanson, Wylie (5) NAYS: None ABSENT: Seid ABSTAIN: No APPROVED this ATTEST: (0) Village Clerk i1w -3-