O-04-11. VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-11
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1625 TALL TREE LANE
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 March , 2004.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of March , 2004.
5725470
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STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
.5725470
FILED FOR RECORD BY:
I'iARY ELLEN VANDERVENTER
LAKE COLINTYsIL RECORDER
01/27/2005 - 02:46:51 P.M.
RECEIPT *: 205592
DRAWER Y: 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 -04 -11 entitled "An Ordinance Granting a Variation for Certain Property
Commonly Known as 1625 Tall Tree Lane"
as appears in the records and files of the office of the Village Clerk.
Dated this March 16, 2004
0
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
. . . Y,
5'725'70
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-11
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1625 TALL TREE LANE
WHEREAS, the owners of the property ( "Petitioner ") commonly known as 1625 Tall
Tree Lane and legally described in Section 2 of this Ordinance (the "Subject Property ") have
petitioned for a variation from the requirements of Article 4.01 -F, Paragraph 3, Subparagraph e
of the Zoning Ordinance of the Village of Deerfield to. permit the construction of a sunroom
addition, which addition is proposed to extend southerly 12.08 feet into the existing 50 -foot rear
yard, reducing the minimum required 50 -foot rear yard to 37.9 feet; and,
WHEREAS, the proposed variation, if granted, would result in the replacement of an
existing illegally established 15 -foot by 19.4 -foot screened porch, and would reduce the existing
nonconformity and encroachment into the otherwise required 50 -foot rear yard; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on January 21, 2004 to consider said petition, said hearing being held pursuant to public
notice duly given and published as required by statute 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 of the Village of Deerfield containing its written findings that the requested
variation conforms to the standards for variations set forth in Article 13.07 -E of the Zoning
P-0
5'725470
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 Article 4.01 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a 50 -foot
rear yard on the south side of the Subject Property will pose practical difficulty or unnecessary
hardship as applied to the following described property (the "Subject Property ") unless varied as
provided herein, to wit:
LOT 4 IN LIPOWICH'S RESUBDIVISION OF LOT 3 IN HERRMAN'S
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE
NORTH 31.00 FEET OF THAT PART OF THE SOUTH 426.00 FEET OF THE
NORTH 626.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 30, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT IN THE SOUTH LINE THEREOF, 418 FEET WEST OF THE
SOUTHEAST CORNER THEREOF; THENCE NORTH, PARALLEL TO THE
WEST LINE THEREOF, A DISTANCE OF 209.00 FEET, THENCE WEST
PARALLEL TO THE SOUTH LINE THEREOF, A DISTANCE OF 209.00
FEET; THENCE SOUTH PARALLEL TO THE WEST LINE THEREOF, A
DISTANCE OF 209.00 FEET; THENCE EAST ALONG THE SOUTH LINE
THEREOF, TO THE PLACE OF BEGINNING, IN THE VILLAGE OF
DEERFIELD, IN LAKE COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 1625 TALL TREE LANE, DEERFIELD, ILLINOIS.
2
5x2541®
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e
of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby
granted with respect to the Subject Property to permit the construction of 12.08 feet by 18 -foot
sunroom addition, extending southerly a distance of not more than 12.08 feet into the required
50 -foot rear yard on the south side of the Subject Property, provided that such addition shall be
constructed and maintained in accordance with the following: (i) the plans prepared by Jeffery j.
Heaney Architect AIA bearing a revised date of 09/18/03 and consisting of Sheet #1 showing the
deck of the proposed sunroom and Sheet #2 depicting the three elevations of the proposed
sunroom; and, (ii) the plat of survey of the property commonly known as 1625 Tall Tree Lane,
Deerfield, Illinois, by Professionals Associated Survey, Inc., dated March 14, 2000 and marked
"Property as Proposed" showing the footprint of the proposed Sunroom. Such plans are hereby
incorporated in and made a part of this Ordinance as if fully set forth herein.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance
with the requirements of this Ordinance, the Village of Deerfield Zoning Ordinance, 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.
3
5'725470
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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 March , 2004.
AYES:. Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 15th
ATTEST:
Village Clerk
4
5'725470
. VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-11
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1625 TALL TREE LANE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of March , 2004.
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 March ___,,2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-11
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1625 TALL TREE LANE
WHEREAS, the owners of the property ( "Petitioner ") commonly known as 1625 Tall
Tree Lane and legally described in Section 2 of this Ordinance (the "Subject Property ") have
petitioned for a variation from the requirements of Article 4.01 -F, Paragraph 3, Subparagraph e
of the Zoning Ordinance of the Village of Deerfield to permit the construction of a sunroom
addition, which addition is proposed to extend southerly 12.08 feet into the existing 50 -foot rear
yard, reducing the minimum required 50 -foot rear yard to 37.9 feet; and,
WHEREAS, the proposed variation, if granted, would result in the replacement of an
existing illegally established 15 -foot by 19.4 -foot screened porch, and would reduce the existing
nonconformity and encroachment into the otherwise required 50 -foot rear yard; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on January 21, 2004 to consider said petition, said hearing being held pursuant to public
notice duly given and published as required by statute 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 of the Village of Deerfield 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 Article 4.01 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a 50 -foot
rear yard on the south side of the Subject Property will pose practical difficulty or unnecessary
hardship as applied to the following described property (the "Subject Property ") unless varied as
provided herein, to wit:
LOT ' 4 IN LIPOWICH'S RESUBDIVISION OF LOT 3 IN HERRMAN'S
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE
NORTH 31.00 FEET OF THAT PART OF THE SOUTH 426.00 FEET OF THE
NORTH 626.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 30, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT IN THE SOUTH LINE THEREOF, 418 FEET WEST OF THE
SOUTHEAST CORNER THEREOF; THENCE NORTH, PARALLEL TO THE
WEST LINE THEREOF, A DISTANCE OF 209.00 FEET, THENCE WEST
PARALLEL TO THE SOUTH LINE THEREOF, A DISTANCE OF 209.00
FEET; THENCE SOUTH PARALLEL TO THE WEST LINE THEREOF, A
DISTANCE OF 209.00 FEET; THENCE EAST ALONG THE SOUTH LINE
THEREOF, TO THE PLACE OF BEGINNING, IN THE VILLAGE OF
DEERFIELD, IN LAKE COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 1625 TALL TREE LANE, DEERFIELD, ILLINOIS.
2
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e
of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby
granted with respect to the Subject Property to permit the construction of 12.08 feet by 18 -foot
sunroom addition, extending southerly a distance of not more than 12.08 feet into the required
50 -foot rear yard on the south side of the Subject Property, provided that such addition shall be
constructed and maintained in accordance with the following: (i) the plans prepared by Jeffery j.
Heaney Architect AIA bearing a revised date of 09/18/03 and consisting of Sheet #1 showing the
deck of the proposed sunroom and Sheet #2 depicting the three elevations of the proposed
sunroom; and, (ii) the plat of survey of the property commonly known as 1625 Tall Tree Lane,
Deerfield, Illinois, by Professionals Associated Survey, Inc., dated March 14, 2000 and marked
"Property as Proposed" showing the footprint of the proposed Sunroom. Such plans are hereby
incorporated in and made a part of this Ordinance as if fully set forth herein.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance
with the requirements of this Ordinance, the Village of Deerfield Zoning Ordinance, 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.
3
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 March , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 15th
ATTEST:
Village Clerk
4