O-04-40VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-40
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
825 DEERE PARK COURT
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
20th day of July ' , 2004.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of July , 2004.
5'72546'
nOF
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STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
5725467
FILED FOR RECORD BY:
11ARY ELLEN VANDERVENTER
LAKE COUNTY, IL RECORDER
01/27/2005 - 02:45:46 P.M.
RECEIPT 4: 205542
.ORAIlER *: 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 -0440 entitled "An Ordinance Granting a Variation for Certain Property
Commonly Known as 825 Deere Park Court'
as appears in the records and files of the office of the Village Clerk.
Dated this July 20, 2004
SEAL .� ' ...
0; RVAN. 0% VA L W---
1.0110RT D. FRANZ -
Village Clerk
Submitted by: Village of Deerfield
X850 - Waukegan Road
Deerfield, IL 60015
5'2546'7
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-40
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
825 DEERE PARK COURT
WHEREAS, the owners of the property commonly known as 825 Deere Park Court and
legally described in Section 2 of this Ordinance (the Subject Property) have petitioned for a variation
from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of
the Village of Deerfield to permit the construction of a family room/kitchen addition encroaching 5.00
feet into the minimum 25 -foot rear yard setback; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on June 1, 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 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;
572" 5467
5
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 4.03 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a minimum 25-
foot rear yard setback 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 16 in Deere Park Subdivision, being a Subdivision in the North
East Quarter of Section 29, Township 43 North, Range 12, East of
the Third Principal Meridian, According to the Plat thereof recorded
October 9, 1964 as Document 1242045 in Book 39 of Plats, Page 60,
in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph a 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 a one -story family room/kitchen
addition to the south elevation of the existing single - family residence on the Subject Property
encroaching a maximum of 5.00 feet into the minimum 25 -foot rear yard setback, provided that such
addition shall be constructed and maintained in strict accordance with and to the extent provided by
the following plans and supporting materials submitted by Petitioner and describing the proposed
2
57 25 46 7
addition: (i) Site Plan dated April 26, 2004 of Kamen Residence, 825 Deere Park, Deerfield, Illinois,
by Harold Forrest Dietrich Architects LLC, showing the existing two -story house, the proposed one-
story addition and a proposed two-story. addition; (ii) Elevation Sheet dated April 26, 2004 for
Kamen Residence, 825. Deere Park, Deerfield, Illinois, by Harold Forrest Dietrich Architects LLC,
showing Existing Front & Rear Elevations, Proposed Front Elevation and Proposed Back Elevation,
(iii) Floor Plan Sheet dated April 26, 2004 for the Kamen Residence, 825 Deere Park, Deerfield,
Illinois, by Harold Forrest Dietrich Architects LLC, showing Existing 1 st Floor Plan and Proposed
1 st Floor Plan; (iv) Plat of Survey dated 7/8, 1998 by Edward Peklay of the property at 825 Deere
Park Court, Deerfield, Illinois.
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 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.
[This Space Left Blank Intentionally]
-3-
572546'7
6
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 19th day of July '2004.
AYES: Benton, Kayne,' Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 19th day(
ATTEST:
MCft
Village Clerk
-4-
5"`1;546'7
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-40
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
825 DEERE PARK COURT
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of July , 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
2 0th day of July , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO.
0 -04 -40
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
825 DEERE PARK COURT
WHEREAS, the owners of the property commonly known as 825 Deere Park Court and
legally described in Section 2 of this Ordinance (the Subject Property) have petitioned for a variation
from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of
the Village of Deerfield to permit the construction of a family room/kitchen addition encroaching 5.00
feet into the minimum 25 -foot rear yard setback; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on June 1, 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 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 4.03 -F,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a minimum 25-
foot rear yard setback 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 16 in Deere Park Subdivision, being a Subdivision in the North
East Quarter of Section 29, Township 43 North, Range 12, East of
the Third Principal Meridian, According to the Plat thereof recorded
October 9, 1964 as Document 1242045 in Book 39 of Plats, Page 60,
in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph a 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 a one -story family room/kitchen
addition to the south elevation of the existing single- family residence on the Subject Property
encroaching a maximum of 5.00 feet into the minimum 25 -foot rear yard setback, provided that such
addition shall be constructed and maintained in strict accordance with and to the extent.provided by
the following plans and supporting materials submitted by Petitioner and describing the proposed
2
addition: (i) Site Plan dated April 26, 2004 of Kamen Residence, 825 Deere Park, Deerfield, Illinois,
by Harold Forrest Dietrich Architects LLC, showing the existing two -story house, the proposed one-
story addition and a proposed two-story. addition; (ii) Elevation Sheet dated April 26, 2004 for
Kamen Residence, 825. Deere Park, Deerfield, Illinois, by Harold Forrest Dietrich Architects LLC,
showing Existing Front & Rear Elevations, Proposed Front Elevation and Proposed Back Elevation;
(iii) Floor Plan Sheet dated April 26, 2004 for the Kamen Residence, 825 Deere Park, Deerfield,
Illinois, by Harold Forrest Dietrich Architects LLC, showing Existing 1 st Floor Plan and Proposed
1 st Floor Plan; (iv) Plat of Survey dated 7/8, 1998 by Edward Peklay of the property at 825 Deere
Park Court, Deerfield, Illinois.
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 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.
[This Space Left Blank Intentionally]
-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 19th day of July , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 19th day(
ATTEST:
Village Clerk
In