O-02-26VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-02-26
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1152 DEERFIELD ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of July , 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
16th day of July , 2002.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-02-26
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1152 DEERFIELD ROAD
WHEREAS, the owners (the "Petitioners ") of the property commonly. known as 1152
Deerfield Road legally described in Section 1 of this Ordinance (the "Subject Property ") have
petitioned for a variation from the front yard requirements of Article 2.02 -D, Paragraph 1, of the
Zoning Ordinance of the Village of Deerfield, as amended, as applied to the Subject Property to
permit the construction of a one -story front porch roof structure encroaching five feet (5.0') into
the required 40 -foot front yard established for the Subject Property; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on May 21, 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 does not conform 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 deny the requested
variation; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that a
variation should be granted, notwithstanding the negative recommendation of the Board of
Zoning Appeals, to the extent and for the purposes expressly authorized herein;
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 President and Board of Trustees of the Village of Deerfield do not
concur in the findings and fact and recommendation of the Board of Zoning Appeals.
SECTION 2: That the Petitioners have proven to the satisfaction to the Board of
Trustees that strict enforcement of the requirements of Article 2.02 -D, Paragraph 1, of the
Deerfield Zoning Ordinance will pose practical difficulty or unnecessary hardship as applied to
Petitioner's Subject Property commonly known as 1152 Deerfield Road and legally described as
follows:
Lots 19 and 20 in, Block 11 in Deerfield Park Land and
Improvement Association Subdivision, a Subdivision in the
Southeast Quarter of Section 29, Township 43 North, Range 12
East of the Third Principal Meridian, according to the plat thereof,
recorded May 5, 1898, as Document 70892 in Book "D" of Plats,
Page 64 to 67 in Lake County Illinois, also; that part of the south
half of the vacated public alley lying north of and adjoining Lots 19
and 20 as described above.
SECTION 3: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1,
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, maintenance and use of a one -story front
porch roof structure extending not more than four feet (4.0') into the required 40 -foot front yard
plan of the Gostomelsky residence, page A -1, dated April 22, 2002, by Bud Dietrich, Architect;
(ii) the architectural elevations of the Gostomelsky residence, page A -2, dated April 22, 2002, by
Bud Dietrich, Architect. Notwithstanding any contrary dimensions shown on said site plan or
architectural elevations, said one -story front porch structure shall not extend more than four feet
(4.0') into the required front yard. Said site plans, elevations and all supporting documents
submitted by the Petitioners are hereby incorporated by reference and made a part of this
Ordinance.
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.
[This Space Left Blank Intentionally]
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 15th day of July , 2002.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: Noz
APPROVED thi;
ATTEST:
Village Clerk