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O-04-46VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -46 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 8th day of September , 2004. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of September , 2004. 5'725469 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5725469 FILED FOR RECORD BY: f1ARY .ELLEN VANDERVEh1TER LAKE COUNTYP IL RECORDER 01/27/2005 - 02:46:51 P.M. RECEIPT :: 205592 DRAWER 4: 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 -0446 entitled "An Ordinance Granting a Variation for Certain Property Commonly Known as 550 Brierhill Road" as appears in the records and files of the office of the Village Clerk. Dated this September 7, 2004 ;rte Imp..' ♦ ., . �� _ice -. - .G R mmi Submitted by:. Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5'7254C-9 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -46 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD WHEREAS, the owners (the "Petitioners ") of the property commonly known as 550 Brierhill Road and legally described in Section 1 of this Ordinance (the "Subject Property") have petitioned for a variation from the requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield to reduce of the established 175 -foot average front yard setback from Brierhill Road applicable to the Subject Property to permit the construction of a new single - family residence with a front yard setback of 140 feet; 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; 5'725409 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 with respect to the following described property (the "Subject Property"): PARCEL 1: LOT 9 IN BRIERHILL, BEING A SUBDIVISION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK AL@ OF PLATS, PAGE 65, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE VACATED ALLEY LYING BETWEEN LOTS 8 AND 9 IN BRIERHILL SUBDIVISION, AFORESAID, IN LAKE COUNTY, ILLINOIS. PARCEL 3: THE NORTH 50 FEET OF LOT 10 IN BRIERHILL, BEING A SUBDIVISION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK AL@ OF PLATS, PAGE 65, 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 established 175 foot average front yard setback requirement of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of -2- 5 2 5 4 69 Deerfield 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 Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a new single - family residence on the Subject Property with a minimum front yard setback of 140 feet in lieu of the required established 175.foot average front yard setback, provided that such residence 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 single- family residence: (i) Tree Survey by Aguilar Tree Care of 550 Brierhill Road; (ii) Site Plan of new residence for Laurie and Robert Rosin by F/W Associates in Architecture, Ltd. 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. -3- 5725469 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 7th day of September '2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 7th day of September ATTEST: 2004. -4- 5'7254E9 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -46 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of September , 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 8th day of September , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -46 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 550 BRIERHILL ROAD WHEREAS, the owners (the "Petitioners ") of the property commonly known as 550 Brierhill Road and legally described in Section 1 of this Ordinance (the "Subject Property ") have petitioned for a variation from the requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield to reduce of the established 175 -foot average front yard setback from Brierhill Road applicable to the Subject Property to permit the construction of a new single- family residence with a front yard setback of 140 feet; 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 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 with respect to the following described property (the "Subject Property "): PARCEL 1: LOT 9 IN BRIERHILL, BEING A SUBDIVISION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK AL@ OF PLATS, PAGE 65, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE VACATED ALLEY LYING BETWEEN LOTS 8 AND 9 IN BRIERHILL SUBDIVISION, AFORESAID, IN LAKE COUNTY, ILLINOIS. PARCEL 3: THE NORTH 50 FEET OF LOT 10 IN BRIERHILL, BEING A SUBDIVISION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 8.10 CHAINS THEREOF) AND THE NORTH 594.60 FEET OF THE EAST 60 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1923 AS DOCUMENT 222755, IN BOOK AL@ OF PLATS, PAGE 65, 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 established 175 foot average front yard setback requirement of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of -2- Deerfield 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 Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a new single - family residence on the Subject Property with a minimum front yard setback of 140 feet in lieu of the required established 175 foot average front yard setback, provided that such residence 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 single - family residence: (i) Tree Survey by Aguilar Tree Care of 550 Brierhill Road; (ii) Site Plan of new residence for Laurie and Robert Rosin by F/W Associates in Architecture, Ltd. 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. -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 7th day of September '2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 7th day of September ATTEST: Village Clerk 2004. -4-