O-05-03VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -03
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1150 HEATHER ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
22nd day of February ; 2005.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
22nd day of February , 2005.
'a
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -03
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1150 HEATHER ROAD
WHEREAS, the owners of the property commonly known as 1150 Heather Road and legally
described on Exhibit A attached hereto (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 14.5 -foot variation from the required 40 -foot rear yard setback applicable
to the Subject Property to permit the construction of a 24 -foot by 57 -foot addition to the existing
single - family house on the Subject Property with a 25.5 -foot rear yard setback; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on December 14, 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 with respect to the standards
for variations set forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield, but
failing on a 0 to 5 vote to recommend the granting of the requested variation; and,
WHEREAS, Petitioner subsequently agreed to modify and reduce the extent of the requested
variation from 14.5 feet to 7.0 feet (the "Revised Variance Request ") to protect and preserve a
mature white oak tree within the rear yard of the Subject Property and to permit, as modified, the
construction of a 15 -foot 3 -inch by 46 -foot addition to the existing single - family house on the
Subject Property with a 33 foot rear yard setback (the "Revised Variance Reugest "); and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that Petitioner's revised variance request conforms to the standards for variations as set
forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield and should be granted to
the extent provided herein;
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 above and foregoing recitals be and the same are incorporated and
made a part of this Ordinance as if fully set forth herein;
SECTION 2: That Petitioners have proven to the satisfaction of the Board of Trustees that
strict enforcement of the 40 foot rear yard setback requirements of Article 4.02 -F, Paragraph 3,
subparagraph e, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or
unnecessary hardship as applied to the Subject Property legally described on Exhibit A attached
hereto unless varied as provided herein.
SECTION 3: That a variation from the strict provisions of Article 4.02 -F, Paragraph 3,
subparagraph e of the Zoning Ordinance of this Village of Deerfield, as amended, is hereby granted
with respect to the Subject Property to permit the construction of a 15 -foot 3 -inch by 46 -foot addition
to the existing single - family residence on the Subject Property with a rear yard setback of 33 feet,
provided that such addition shall be constructed and maintained in strict accordance with and to the
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extent provided by the following plans and exhibits depicting the proposed construction and the
revised variance request: (i) Proposed Revisions to Original Variance Request, Sheet 1, for the Horn
Remodeling, 1150 Heather Lane, by Jonathan Fine & Associates Architects, Ltd. showing 15 -foot 3-
inch by 46 -foot addition to the existing single - family residence on the Subject Property with a rear
yard setback of 33 feet; (ii) First Floor Plan, Sheet 2, for the Horn Remodeling, 1150 Heather Road,
by Jonathan Fine & Associates Architects, Ltd. showing a 15 -foot 3 -inch by 46 -foot addition to the
existing single - family residence on the Subject Property with a rear yard setback of 33 feet; (iii)
January 4, 2005 letter from Patrick Etherington, Certified Arborist, from The Care of Trees to Laura
and Jerry Horn re: Tree Preservation, 1150 Heather Road; and, (iv) Proposal from The Care of Trees
dated 1/4/04 to Laura Horn, 1150 Heather Road. All of such plans and documents are hereby
incorporated in and made a part of this Ordinance as if fully set forth herein.
SECTION 4: That said variation is hereby granted subject to strict compliance with the
requirements and conditions 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 bo inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
992
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 —'22nd day of February , 2005.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0 )
ABSTAIN: None (0)
APPROVED this
ATTEST:
Village Clef c
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1
� 1
/
10' -0" & 20' -0" Protection
�Radii —� 1 783'
3' -0" Diameter Ma ure Trie 10' -0" Public Utility Easement
M `
\ 46' -4> / 33' -0" Rear Yard Setback Granted By Variance
g' \
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roposed Additions
I
\ / 12' -0" Side
9' -0" Side Yard Setback , 35' -0" Front Yard Setback
44 45'
1150 Heather Road
North