O-05-20VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-05-20
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1630 PORTAGE PASS
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
2nd day of Nay , 2005.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2nd day of May , 2005.
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VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -20
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1630 PORTAGE PASS
WHEREAS, the owners ( "Petitioners ") of the property commonly known as 1630 Portage
Pass and legally described in Section 1 of this Ordinance (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 to permit the construction of a one -story garage, encroaching
an additional 15 feet into the existing non - conforming rear yard, leaving a rear yard of 10.416 feet on
the north side of the property in lieu of the minimum required 40 -foot rear yard; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on March 15, 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 Subject Property is subject to a unique hardship in that the fifteen foot (15')
platted building line on the North Avenue (south) side of the Subject Property and the thirty -five foot
(35') building line on the Portage Pass (east) side of the Subject Property conflict with the minimum
front and corner side yard requirements of the Deerfield Zoning Ordinance which requires that the
North Avenue frontage be treated as the front yard of the Subject Property subject to a thirty -five foot
(35') front yard setback and that the Portage Pass frontage be treated as the corner side yard of the
Subject Property subject to a fifteen foot (15') setback; 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 50 in North Trail Subdivision, being a Subdivision of Part of the
South East Quarter of Section 20, Township 43 North, Range 12, East
of the Third Principal Meridian, according to the Plat thereof,
recorded February 15, 1966 as Document 1294902 in Book 42 of
Plats, Page 42, 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 4.02 -F,
Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield for a minimum
required 40 -foot rear yard setback along the north boundary 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 e of
Article 4.02 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted
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with respect to the Subject Property to permit the construction of a one -story garage extending an
additional 15 feet into an existing non - conforming rear yard and leaving a rear yard of 10.416 feet in
lieu of the minimum required 40 -foot rear yard as specified in the Zoning Ordinance. This variation
is subject to the following conditions, restrictions and regulations:
A. No structure shall be permitted within 35 feet of the west boundary line of the
Subject Property, which shall be treated as the rear yard of the Subject Property so
long as a structure encroaches into the minimum 40 -foot rear yard along the north
side of the Subject Property required by the Zoning Ordinance.
B. Said garage addition shall be constructed and maintained in strict accordance with and to
the extent provided by the plans and supporting materials submitted by Petitioner, to wit:
(i) Site Plan for New Addition and Renovation to the Brown Residence by Architectural
Resources, Sheet A -1.
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.
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PASSED this 2nd day of May , 2005.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 2nd day o
ATTEST:
A.
Village Clerk
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