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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-