O-04-44VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0- 0 4 - 4 4
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS. 1036 FAIR OAKS AVENUE
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
:'.17th day of August
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of Aucrust , 2004.
"ff
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK ) SS COPY
5632769
VILLAGE OF DEERFIELD ) Et;p�pE�
` LAKE G8W2
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 -04-44 entitled "An Ordinance Granting a Variation for Certain Property
Commonly Known as 1036 Fair Oaks Avenue"
as appears in the records and files of the office of the Village Clerk.
Dated this August 17, 2004
SEAL
RO RT D. FRANZ
Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
n
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-44
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1036 FAIR OAKS AVENUE
WHEREAS, the owners ( "Petitioners ") of the property commonly known as 1036 Fair Oaks
Avenue and legally described in Section 1 of this Ordinance (the "Subject Property") have petitioned
for a variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning
Ordinance of the Village of Deerfield to permit the construction of a bedroom addition extending the
existing nonconforming east line of the existing house along the same line 20 feet parallel to and 5
feet distant from the east property line of the Subject Property, encroaching 3.00 feet into. the
minimum 8 -foot east side yard setback; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 7, 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 recommendations of the Board of Zoning Appeals
are concurred in and adopted as the findings of fact of the President and Board of Trustees with
respect to following described property (the "Subject Property "):
Lots 42 and 43 in Block 1 in Deerfield Park Land and Improvement Association
Subdivision of part of the Southeast 1/4 of Section 29, Township 43 North, Range 12
East of the Third Principal Meridian, according to the plat thereof recorded May 5,
1898 as Document 70892 in Book "D" of Plats, pages 64 -67, in Lake County, Illinois.
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 b, of the Zoning Ordinance of the Village of Deerfield for a minimum 8-
foot side yard setback on the east side of the Subject Property will pose practical difficulty or
unnecessary hardship as applied to the Subject Property unless varied as provided herein.
SECTION 3: That a variation from the strict provisions of Paragraph 3, subparagraph b, 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 one - bedroom addition
to the north elevation of the existing single - family residence on the Subject Property, extending the
non - conforming east line of the existing house an additional 20 feet parallel to and 5 feet distant from
the east property line of the Subject Property, encroaching 3.00 feet into the minimum 8 -foot east
side 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 addition: (i) Plat of Survey by Preferred Survey, Inc. of the
Subject Property at 1036 Fair Oaks Avenue, Deerfield, Illinois; (ii) hand drawn Site Plan of existing
-2-
home and proposed addition, 1036 Fair Oaks Avenue, also showing the east elevation of proposed
addition and west elevation of proposed addition.
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.
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 16th day of August , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 16 th
ATTEST:
,4. AN - -�,wt�,)
Village Clerk
-3-
STATE OF ILLINOIS ) 5632769
COUNTIES OF LAKE AND COOK ) SS FILED FOR RECORD BY:
MARY ELLEN VANDERVENTER
VILLAGE OF DEERFIELD ) LAKE COUNTY,, IL RECORDER
08/27/2004 - 10:40:06 A.M.
RECEIPT *: 179911
DRAWER 4: 20
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 -04-44 entitled "An Ordinance Granting a Variation for Certain Property
Commonly Known as 1036 Fair Oaks Avenue"
as appears in the records and files of the office of the Village Clerk.
Dated this August 17, 2004
SEAL
• .
k
Village Clerk
MAIL
TO
Submitted by:
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-44
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1036 FAIR OAKS AVENUE
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
:.17th day of August , 2004.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE'
AND COOK COUNTIES, ILLINOIS, this
16th day of August , 2004.
0
5632'769
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-44
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1036 FAIR OAKS AVENUE
WHEREAS, the owners ( "Petitioners ") of the property commonly known as 1036 Fair Oaks
Avenue and legally described in Section 1 of this Ordinance (the "Subject Property") have petitioned
for a variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning
Ordinance of the Village of Deerfield to permit the construction of a bedroom addition extending the
existing nonconforming east line of the existing house along the same line 20 feet parallel to and 5
feet distant from the east property line of the Subject Property, encroaching 3.00 feet into the
minimum 8 -foot east side yard setback; and, .
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 7, 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;
5632769
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 recommendations of the Board of Zoning Appeals
are concurred in and adopted as the findings of fact of the President and Board of Trustees with
respect to following described property (the "Subject Property "):
Lots 42 and 43 in Block 1 in Deerfield Park Land and Improvement Association
Subdivision of part of the Southeast 1/4 of Section 29, Township 43 North, Range 12
East of the Third Principal Meridian, according to the plat thereof recorded May 5,
1898'as Document 70892 in Book "D" of Plats, pages 64 -67, in Lake County, Illinois.
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 b, of the Zoning Ordinance of the Village of Deerfield for a minimum 8-
foot side yard setback on the east side of the Subject Property will pose practical difficulty or
unnecessary hardship as applied to the Subject Property unless varied as provided herein
SECTION 3: That a variation from the strict provisions of Paragraph 3, subparagraph b, 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 one - bedroom addition
to the north elevation of the existing single - family residence on the Subject Property, extending the
non - conforming east line ofthe existing house an additional 20'feet parallel to and 5 feet distant from
the east property line of the Subject Property, encroaching 3.00 feet into the minimum 8 -foot east
side 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 addition: (i) Plat of Survey by Preferred Survey, Inc. of the
Subject Property at 1036 Fair Oaks Avenue, Deerfield, Illinois; (ii) hand drawn Site _Plan -of existing
-2-
'769
SG32
home and proposed addition, 1036 Fair Oaks Avenue, also showing the east elevation of proposed
addition and west elevation of proposed addition.
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.
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 16th day of August , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 16th C
ATTEST:
Village Clerk (i�-)
-3-
5632'766
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-44
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1036 FAIR OAKS AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of August
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
:`.17:Lth day of August , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-44
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1036 FAIR OAKS AVENUE
WHEREAS, the owners ( "Petitioners ") of the property commonly known as 1036 Fair Oaks
Avenue and legally described in Section 1 of this Ordinance (the "Subject Property") have petitioned
for a variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning
Ordinance of the Village of Deerfield to permit the construction of a bedroom addition extending the
existing nonconforming east line of the existing house along the same line 20 feet parallel to and 5
feet distant from the east property line of the Subject Property, encroaching 3.00 feet into the
minimum 8 -foot east side yard setback; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on July 7, 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 recommendations of the Board of Zoning Appeals
are concurred in and adopted as the findings of fact of the President and Board of Trustees with
respect to following described property (the "Subject Property "):
Lots 42 and 43 in Block 1 in Deerfield Park Land and Improvement Association
Subdivision of part of the Southeast 1/4 of Section 29, Township 43 North, Range 12
East of the Third Principal Meridian, according to the plat thereof recorded May 5,
1898 as Document 70892 in Book "D" of Plats, pages 64 -67, in Lake County, Illinois.
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 b, of the Zoning Ordinance of the Village of Deerfield for a minimum 8-
foot side yard setback on the east side of the Subject Property will pose practical difficulty or
unnecessary hardship as applied to the Subject Property unless varied as provided herein.
SECTION 3: That a variation from the strict provisions of Paragraph 3, subparagraph b, 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 one - bedroom addition
to the north elevation of the existing single - family residence on the Subject Property, extending the
non - conforming east line of the existing house an additional 20 feet parallel to and 5 feet distant from
the east property line of the Subject Property, encroaching 3.00 feet into the minimum 8 -foot east
side 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 addition: (i) Plat of Survey by Preferred Survey, Inc. of the
Subject Property at 1036 Fair Oaks Avenue, Deerfield, Illinois; (ii) hand drawn Site Plan of existing
-2-
home and proposed addition, 1036 Fair Oaks Avenue, also showing the east elevation of proposed
addition and west elevation of proposed addition.
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.
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 16th day of August , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 16th
ATTEST:
Village Clerk
-3-