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