O-04-25VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-25
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY
COMMONLY KNOWN AS 40 MULBERRY ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of May , 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
4th day of May , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-104-25
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY
COMMONLY.KNOWN AS 40 MULBERRY ROAD
WHEREAS, the owners of the property commonly known as 40 Mulberry Road and legally
described in Section 2 hereof (the "Subject Property ") have petitioned for a variation from the
requirements of Article 4.02 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village
of Deerfield for a reduction of the 40 -foot rear yard requirement applicable to west yard of the
Subject Property to permit the construction of an addition to the existing home on the Subject
Property which will encroach into the 40 -foot rear yard setback by 18.21 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on March 16, 2004 to consider said petition, said hearing being held puisuant 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 as 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 of the
Village of Deerfield.
SECTION 2: That the Petitioner has proven to the satisfaction of the Board of Zoning
Appeals and the Board of Trustees that strict enforcement of the requirements of Article 4.02 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a minimum
40 -foot rear yard on the west 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 86 in Briarwood Vista, being a Subdivision in the South Half of
the Southeast Quarter of Section 33, Township 43 North, Range 12,
East of the Third Principal Meridian, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph b of
Article 4.02 -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 an addition to the existing single -
family residence on the Subject Property consisting of a second story addition over the existing
garage and family room on the Subject Property and a one -story addition including a one -story
garage, said additions encroaching approximately 18.21 feet (including an existing encroachment
of approximately 6.21 feet) into 40 -foot rear yard on the west side of the Subject Property otherwise
required by the Zoning Ordinance of the Village of Deerfield, provided however that such addition
shall be constructed and maintained in strict accordance with an to the extent provided by the
following plans and supporting materials submitted by Petitioner describing said addition: (i) the 40
Mullberry Road Site Plan dated 12.17.03 by Hannan Architecture; (ii) the Existing I" Floor Plan for
the Kaplan Residence, 40 Mulberry Deerfield; (iii) the proposed I" Floor Plan for the Kaplan
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Residence, 40 Mulberry Deerfield.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance 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 3 rd day of May , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: Nor
APPROVED this
ATTEST:
— -J Village Cler
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