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O-05-08VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO: 0 -05 -0 8 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1115 HAMPTON COURT 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. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 22n day of March , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-05-08 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1115 HAMPTON COURT WHEREAS, the owners (the "Petitioners ") of the property commonly known as 1115 Hampton Court and legally described in Section 1 of this Ordinance (the "Subject Property ") have petitioned for a variation from the requirements of Article 4.01 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield to permit the construction of a 1,269 sq. ft addition consisting of one -story den and a three -car garage encroaching 15 feet into the required 50 -foot rear yard; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on January 19, 2005, 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 the following described property (the "Subject Property "): Lot 14 in Vernon V. Sherman's Old Grove Estates Greenmont Subdivision, Unit Number 1, being a subdivision of part of the North 1/2 of the North 1/2 of the South 1/2 of Section 30, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof, recorded August 31, 1956, as Document 921572, in Book 30 of Plats, page 121, 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 4.01 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield for a minimum required 50 -foot rear yard setback 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 e, of Article 4.01 -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 1,269 sq. ft. addition consisting of a one -story den and three -car garage to the south elevation of the existing single - family residence on the Subject Property, said addition extending a maximum of 15.00 feet into the minimum required 50 -foot east rear 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 describing the proposed addition submitted by Petitioner: (i) 1115 Hampton Court Proposed Addition Site Plan; (ii) Floor Plan for 1115 Hampton Court showing proposed 1,269 sq. ft. addition; (iii) West Elevation of existing single - family house at 1115 Hampton Court with proposed addition; -2- (iv) Plat of Survey dated November 13, 1995 of existing property at 1115 Hampton Court, Deerfield, Illinois. 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 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 Clerk