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O-02-39VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-39 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 801 KENTON ROAD, 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 September , 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 September , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-39 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 801 KENTON ROAD, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 801 Kenton Road (the "Petitioners ") have petitioned for a variation from the front yard setback requirements of Article 2.02 -D,1 of the Zoning Ordinance of the Village of Deerfield, as amended, as applied to the property legally described herein (the "Subject Property ") to permit the construction of a garage stall and second floor addition to the existing single - family house on the Subject Property extending approximately 12.1 feet into the 50 -foot front yard required as an established front yard setback for the block in which the Subject Property is located pursuant to said Article 2.02 -D,1; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on July 2, 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 to permit the proposed garage stall and second floor addition to the existing single- family home on the Subject Property; 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 Article 2.02 -D, 1 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: Lots 5 and 6 (except the East 14 feet thereof) in Block 31 in H.O. Stone and Company's addition to Deerfield, in Section 28 and 29, Township 43 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof, recorded August 17, 1926, as Document 284742 in Book Q of Plats, Pages 22, 23, 24 and 25, in Lake County, Illinois. SECTION 3: That a variation from the strict provisions of Article 2.02 -D, 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 of an additional garage stall and second floor addition extending 12.1 feet into the 50 -foot front yard setback required by Article 2.02 -D,1 in accordance with and to the extent provided by the Site Plan Sheet A -1.1 for the Emerzian Residence by David J. Graue Studio, the Existing Site Plan and Demolition Plan Sheet A -1.0 for the Emerzian Residence by David J. Graue Studio, and the supporting documents and materials submitted by the Petitioners, which are hereby incorporated by this 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. 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 3rd day of September , 2002. AYES: Harris, Kayne, Ragona, Seiden (4) NAYS: Rosenthal, Wylie (2 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 3rd day of September , 2002. 5223938 STATE OF ILLINOIS ) FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY sIL RECORDER COUNTIES OF LAKE AND COOK ) SS 05/09/2003 - 09:58:40 A.M. RECEIPT :: 85893 VILLAGE OF DEERFIELD ) DRAWER ' 40 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 =39 entitled "An Ordinance Granting a Variation from the Provisions of the Zoning Ordinance for Certain Property Commonly Known as 801 Kenton Road, Deerfield, Illinois" as appears in the records and files of the office of the Village Clerk. Dated this September 5. 2002 SEAL RO T D. FRAN , Village Clerk 4:s Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5223938 (5 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-39 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS . 801 KENTON ROAD, DEERFIELD, ILLINOIS 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 September , 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of September , 2002. 5223938 i • VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-39 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 801 KENTON ROAD, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 801 Kenton Road (the "Petitioners ") have petitioned for a variation from the front yard setback requirements of Article 2.02 -D,1 of the Zoning Ordinance of the Village of Deerfield, as amended, as applied to the property legally described herein (the "Subject Property ") to permit the construction of a garage stall and second floor addition to the existing single - family house on the Subject Property extending approximately 12.1 feet into the 50 -foot front yard required as an established front yard setback for the block in which the Subject Property is located pursuant to said Article 2.02 -D,1; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on July 2, 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 5223938 3 variation to permit the proposed garage stall and second floor addition to the existing single- family home on the Subject Property; 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 Article 2.02 -D, 1 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: Lots 5 and 6 (except the East 14 feet thereof) in Block 31 in H.O. Stone and Company's addition to Deerfield, in Section 28 and 29, Township 43 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof, recorded August 17, 1926, as Document 284742 in Book Q of Plats, Pages 22, 23, 24 and 25, in Lake County, Illinois. SECTION 3: . That a variation from the strict provisions of Article 2.02 -D, 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 of an additional garage stall and second floor addition extending 12.1 feet into the 50 -foot front yard setback required by Article 2.02 -D,1 in accordance with and to the extent provided by the Site Plan Sheet A -1.1 for the Emerzian Residence by David J. Graue Studio, the Existing Site Plan and Demolition Plan Sheet A -1.0 for 5223938 y i the Emerzian Residence by David J. Graue Studio, and the supporting documents and materials submitted by the Petitioners, which are hereby incorporated by this 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. 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 3rd day of September , 2002. AYES: Harris, Kayne, Ragona, Seiden (4) NAYS: Rosenthal, Wylie (2) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 3rd day of September , 2002. 5223938 115 5223938 L� F .1.11: Lots 5 and 6 (except the East 14 feet thereof) in Block 31 in H.O Stone and Company's Addition to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat thereof, recorded August 17, 1926 as Document 284742 in Book Q of Plats, Pages 22, 23, 24 and 25 in Lake County, Illinois. 5223938