O-05-07S �
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STATE OF ILLINOIS j 5841227
COUNTIES OF LAKE AND COOK )SS
VILLAGE OF DEERFIELD i FILED FOR RECORD BY:
MARY ELLEN VANDERVENTER
LAKE COUNTY IL RECORDER
M/19/2005 - 09:46:16 A.M.
RECEIPT 4: 240421
DRAWER :: 17
The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake
and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0 -05 -07 Granting a Variation from the Provisions of the Zoning Ordinance for Certain
Property Commonly Known as 1232 Elmwood Avenue, Deerfield, Illinois.
Dated this MU 9 2005
SEAL
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� � � ; . • `� ICJ •
JENl` FER L. AVIS
Deputy Village Clerk
Submitted by:
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
i
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -o 7
AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS
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 March , 2005.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21st day of March , 2005.
r
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-05-07
AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS
WHEREAS, the owners of the property commonly known as 1232 Elmwood Avenue
and legally described on Exhibit A attached hereto (the "Subject Property ") have petitioned for a
variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph b and Article 4.03-
F, Paragraph 3, Subparagraph e of the Zoning Ordinance of the Village of Deerfield to permit the
construction of a one and two -story addition extending the north line of the existing house an
additional 22 feet, 3 inches parallel to and 5.0 feet distant from the north line of the Subject
Property, an encroachment of 3.00 feet into the minimum required 8 -foot side yard, and to permit
the existing detached accessory garage to be attached to the house as part of said addition,
reducing the minimum required 25 foot rear yard for a single - family dwelling with attached
garage to 18 feet; 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,
3
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 3 to 2 vote to recommend the granting of the requested variations; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the requested variations conform 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;
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 hereby
incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the petitioners have proven to the satisfaction of the Board of
Trustees that strict enforcement of the side yard requirements of Article 4.03 -F Paragraph 3,
Subparagraph b will pose practical difficulty or unnecessary hardship as applied to the Subject
Property unless varied as provided herein.
SECTION 3: That the petitioners have proven to the satisfaction of the Board of
Trustees that strict enforcement of the minimum 25 -foot rear yard requirement of Article 4.03 -F,
Paragraph 3, Subparagraph e for principal structures will pose practical difficulty or unnecessary
hardship as applied to the Subject Property unless varied as provided herein.
SECTION 4: That the following variations from the strict provisions of the Zoning
Ordinance of the Village of Deerfield, as amended, are hereby granted with respect to the
Subject Property described on Exhibit A attached hereto so as to permit the construction of a one
2
and two -story addition to the existing single- family dwelling on the Subject Property, and to
permit the existing detached accessory garage to be attached to the house as part of said addition,
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 describing the proposed
addition submitted by Petitioner: (i) the plat of survey by B.G. Loomis of Loomis Land
Surveying, updated by Robert R. Hansen on September 18, 2002; (ii) the 1232 Elmwood Site
Plan showing the existing and proposed improvements; (iii) the computer renderings showing an
Overview of the existing and proposed improvements; and, (iv) the existing (Sheet 1) and
proposed (Sheet 12) East Elevation of the Subject Property, the existing (Sheet 4) and proposed
(Sheets 10 and 11) North Elevation of the Subject Property, the existing (Sheet 3) West
Elevation of the Subject Property, the existing (Sheet 2) and proposed (Sheets 8 and 9) South
Elevation of the Subject Property, the ls` Floor Plan (Sheet 5) of the proposed addition, the 2nd
Floor Plan (Sheet 7) of the proposed addition and the roof plan (Sheet 6) of the proposed
addition, all of which are incorporated herein and made a part of this ordinance by this reference,
to wit:
(1) a variation from the side yard requirements of Article 4.03 -F,3,b of the Zoning
Ordinance of the Village of Deerfield to reduce the required 8 -foot north side yard
to 5.0 feet, a variation of 3.0 feet, to allow the construction of said proposed one
and two -story addition on the Subject Property extending the north line of the
existing house an additional 22 feet, 3 inches parallel to and 5 feet distant from
the north property line of the Subject Property; and
(2) a variation from the rear yard requirements of Article 4.03 -F,3,e of the Zoning
Ordinance of the Village of Deerfield to reduce the required 25 -foot minimum
rear yard requirement to 18 feet to allow the existing detached garage to be
attached to and incorporated as part of said proposed one and two -story addition
to the existing single - family dwelling on the Subject Property.
5
SECTION 5: That the said variations are hereby granted are 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 6: 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 7: 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 21st day of March 2005.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 21st
ATTEST:
Village Cler
M
L
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -0 7
AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS
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 March , 2005.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF' DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21st day of March , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-05-07
AN ORDINANCE, GRANTING A VARIATION FROM
THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1232 ELMWOOD AVENUE, DEERFIELD, ILLINOIS
WHEREAS, the owners of the property commonly known as 1232 Elmwood Avenue
and legally described on Exhibit A attached hereto (the "Subject Property ") have petitioned for a
variation from the requirements of Article 4.03 -F, Paragraph 3, Subparagraph b and Article 4.03-
F, Paragraph 3, Subparagraph e of the Zoning Ordinance of the Village of Deerfield to permit the
construction of a one and two -story addition extending the north line of the existing house an
additional 22 feet, 3 inches parallel to and 5.0 feet distant from the north line of the Subject
Property, an encroachment of 3.00 feet into the minimum required 8 -foot side yard, and to permit
the existing detached accessory garage to be attached to the house as part of said addition,
reducing the minimum required 25 foot rear yard for a single - family dwelling with attached
garage to 18 feet; 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 3 to 2 vote to recommend the granting of the requested variations; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the requested variations conform 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;
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 hereby
incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the petitioners have proven to the satisfaction of the Board of
Trustees that strict enforcement of the side yard requirements of Article 4.03 -F Paragraph 3,
Subparagraph b will pose practical difficulty or unnecessary hardship as applied to the Subject
Property unless varied as provided herein.
SECTION 3: That the petitioners have proven to the satisfaction of the Board of
Trustees that strict enforcement of the minimum 25 -foot rear yard requirement of Article 4.03 -F,
Paragraph 3, Subparagraph e for principal structures will pose practical difficulty or unnecessary
hardship as applied to the Subject Property unless varied as provided herein.
SECTION 4: That the following variations from the strict provisions of the Zoning
Ordinance of the Village of Deerfield, as amended, are hereby granted with respect to the
Subject Property described on Exhibit A attached hereto so as to permit the construction of a one
4
and two -story addition to the existing single- family dwelling on the Subject Property, and to
permit the existing detached accessory garage to be attached to the house as part of said addition,
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 describing the proposed
addition submitted by Petitioner: (i) the plat of survey by B.G. Loomis of Loomis Land
Surveying, updated by Robert R. Hansen on September 18, 2002; (ii) the 1232 Elmwood Site
Plan showing the existing and proposed improvements; (iii) the computer renderings showing an
Overview of the existing and proposed improvements; and, (iv) the existing (Sheet 1) and
proposed (Sheet 12) East Elevation of the Subject Property, the existing (Sheet 4) and proposed
(Sheets 10 and 11) North Elevation of the Subject Property, the existing (Sheet 3) West
Elevation of the Subject Property, the existing (Sheet 2) and proposed (Sheets 8 and 9) South
Elevation of the Subject Property, the ls` Floor Plan (Sheet 5) of the proposed addition, the 2 °d
Floor Plan (Sheet 7) of the proposed addition and the roof plan (Sheet 6) of the proposed
addition, all of which are incorporated herein and made a part of this ordinance by this reference,
to wit:
(1) a variation from the side yard requirements of Article 4.03 -F,3,b of the Zoning
Ordinance of the Village of Deerfield to reduce the required 8 -foot north side yard
to 5.0 feet, a variation of 3.0 feet, to allow the construction of said proposed one
and two -story addition on the Subject Property extending the north line of the
existing house an additional 22 feet, 3 inches parallel to and 5 feet distant from
the north property line of the Subject Property; and
(2) a variation from the rear yard requirements of Article 4.03 -F,3,e of the Zoning
Ordinance of the Village of Deerfield to reduce. the required 25 -foot minimum
rear yard requirement to 18 feet to allow the existing detached garage to be
attached to and incorporated as part of said proposed one and two -story addition
to the existing single - family dwelling on the Subject Property.
3
SECTION 5: That the said variations are hereby granted are 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 6: 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 7: 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 21st day of March , 2005.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 21st
ATTEST:
illage Cler
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