O-05-25VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -25
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1104 SOMERSET AVENUE, DEERFIELD, ILLINOIS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of ,Tune , 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
2 T Aay of ,Tune . , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -25
AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF THE ZONING ORDINANCE
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1104 SOMERSET AVENUE, DEERFIELD, ILLINOIS
WHEREAS, the owners of the property commonly known as 1104 Somerset Avenue and
legally described on Exhibit A attached hereto (the "Subject Property ") have petitioned for a
variation from the established front yard setback requirements of Article 2.02 -D, Paragraph 1, of the
Zoning Ordinance of the Village of Deerfield, as amended, to permit the construction of a front
porch roof structure encroaching 5 feet into the 29 -foot front yard required as an established front
yard setback for the block in which the Subject Property is located pursuant to said Article 2.02 -D,
Paragraph 1; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on May 3, 2005 to consider said petition, said hearing being held pursuant to public notice 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 containing its written findings that the requested variation conforms to the standards for
variations 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 to permit
construction of the proposed front porch roof structure encroaching approximately 5 feet into the 29-
foot required front yard setback for the Subject Property;
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.
SECTION 2: That the Petitioners have proven to the satisfaction of the Board of Zoning
Appeals and the Board of Trustees that strict enforcement of the requirements of Article 2.02 -D,
Paragraph 1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or
unnecessary hardship as applied to the following described Subject Property unless varied as
provided herein:
Lot 37 and 38 in Block 7 in Deerfield Park Land and Improvement
Association Subdivision, being a Subdivision in the Southeast 1/4 of
Section 29, Township 43 North, Range 12 East of the Third Principal
Meridian, in Lake County, Illinois.
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 front porch roof structure addition to the
existing single - family residence on the Subject Property extending 5 feet into the 29 -foot front yard
setback required by Article 2.02 -D, Paragraph 1, all in accordance with and to the extent provided by
the following documents depicting the nature and extent of said front porch roof structure: (i) Porch
Elevation dated 3.15.05 by Stowell Cook Frolichstein Inc. Architecture and Planning for 1104
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Somerset, Deerfield, Illinois, consisting of 2 pages depicting the elevation of the proposed porch
structure and the footprint of the proposed porch; (ii) plat of survey dated 3/11/03 by Gregory L.
Powell, Professional Land Surveyor, of the property commonly known as 1104 Somerset, Deerfield,
Illinois; and, (iii) the supporting documents, materials and testimony submitted by the Petitioners
which are incorporated by this reference and made a part of this Ordinance.
SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners
with the requirements 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 be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
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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 20th day of .Tune , 2005.
AYES: Benton, Feldman, Seiden, Struthers, Wylie (5)
NAYS: None (0).
ABSENT: Rosenthal (1)
APPROVED this
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