O-05-45VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 005 -45
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 130 FAIRVIEW AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of November , 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 o
7th day of November , 2005.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -05 -45
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 130 FAIRVIEW AVENUE
WHEREAS, the owners of the property commonly known as 130 Fairview Avenue and
legally described herein (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 new single - family residence on the
Subject Property with a 35 -foot front yard setback in lieu of the 80 -foot established front yard
required by said Article 2.02 -D, Paragraph 1; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on September 7, 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 the
construction of a new single - family residence with a 35 -foot front yard setback in lieu of the 80 -foot
front yard setback otherwise required as an established front yard setback under Article 2.02 -D,
Paragraph 1, of the Zoning Ordinance;
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 53 in Subdivision of J. S. Hovland's First Addition to Deerfield, a Subdivision of
the Southwest 1/4 (except the Northwest 1/4 of the Northwest 1/4 thereof) of Section
32, Township 43 North, Range 12, East of the Third Principal Meridian according to
the Plat thereof recorded November 7, 1924, as Document 248380, in Book "N" of
Plats, Page 56, 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 new single - family residence on the Subject
Property with a 35 -foot front yard setback in lieu of the 80 -foot established front yard setback that
would otherwise be 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 the new single - family house
and the resulting encroachment into the established 80 -foot front yard setback: (i) site plan for
private residence, 130 Fairview, Deerfield, Illinois, by Michael Hershenson Architects and bearing a
last review date of 08.04.05; and (ii) the supporting documents, materials and testimony submitted
by Petitioners which are hereby incorporated by this reference and made a part of this Ordinance.
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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.
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 7th day of November , 2005.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 7th day of
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