O-05-28VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -28
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF THE ZONING ORDINANCE FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
713 ELDER LANE, DEERFIELD, ILLINOIS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
18th day of July , 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
19th day of July , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -28
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF THE ZONING ORDINANCE FOR
CERTAIN. PROPERTY COMMONLY KNOWN AS
713 ELDER LANE, DEERFIELD, ILLINOIS
WHEREAS, the owners of the property commonly known as 713 Elder Lane and legally
described herein (the "Subject Property ") have petitioned for a variation from the minimum side yard
requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning Ordinance of the Village
of Deerfield, as amended, to permit the construction of a one -story master bedroom addition
extending the east line of the existing house 20 feet parallel to and 5.96 feet distant from the east
property line of the Subject Property, encroaching 2.04 feet into the minimum 8 -foot east side yard
setback and creating a combined side yard of 19.53 feet in lieu of the requirement for a combined
total side yards of not less than 20 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on June 7, 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 variations;
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
of the Village of Deerfield.
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 4.03 -F,
Paragraph 3, Subparagraph b, of the Zoning Ordinance of the Village of Deerfield for a minimum 8-
foot side yard setback on the on the east side of the Subject Property and for a combined total of side
yards of not less than 20 feet will pose practical difficulty or unnecessary hardship as applied to the
following described Subject Property unless varied as provided herein:
Lot 15 in Duffy's Subdivision of part of the west one -half of the
southwest one - quarter of Section 28, Township 43 North, Range 12,
East of the Third Principal Meridian, according to a Plat thereof
recorded April 4, 1927, as Document 296739, in Book "R" of Plats,
page 40, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, subparagraph b, of
Article 4.03 -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 one -story master bedroom
addition to the south elevation of the existing single - family residence on the Subject Property,
extending the non - conforming east line of the existing house an additional 20 feet parallel to and
5.96 feet distant from the east property line of the Subject Property, encroaching 2.04 feet into the
minimum 8 -foot east side yard setback, and creating a combined side yard of 19.53 feet in lieu of the
minimum 20 -foot combined total of side yards, 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 submitted by Petitioner and describing the proposed addition: (i) Site Plan for
existing one -story brick house with basement at 713 Elder Lane, showing the proposed one -story
brick and stone addition with basement; (ii) Plat of Topography for the property commonly known as
713 Elder Lane, dated March 6, 2005 by Professionals Associated Survey, Inc., depicting the
property as it currently exists.
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.
[This Space Left Blank Intentionally]
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 18th day of July , 2005.
AYES: Benton, Rosenthal, Seiden, Struthers (4)
NAYS: None (0)
ABSENT: Feldman, Wylie
ABSTAIN: None (0)
APPROVED this 18th
ATTEST:
Al
Village Clerk