O-06-03VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -03
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 845 WESTCLIFF LANE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day of February , 2006.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
6th day of February , 2006.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -03
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 845 WESTCLIFF LANE
WHEREAS, the owners of the property commonly known as 845 Westcliff Lane and legally
described herein (the "Subject Property ") have petitioned for a variation from the minimum side yard
setback 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 bathroom addition extending the
existing south wall of the existing single - family structure a distance of 9.37 feet parallel to and 6.05
feet distant from the south property line of the Subject Property, encroaching 2.5 feet into the
minimum 8 -foot south sideyard setback, and a one -story extension of the existing garage extending
the north wall of the existing structure westerly a distance of 3.873 feet parallel to and 7.25 feet
distant from the north property line of the Subject Property, encroaching 1.75 feet into the minimum
8 -foot north sideyard setback, creating a combined sideyard of 13.75 feet in lieu of the requirement
for a combined total sideyard width of not less than 20 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on December 20, 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 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 of the
Village of Deerfield.
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 4.03 -F,
Paragraph 3, Subparagraph b, for a minimum 8 -foot sideyard setback on the south side of the Subject
Property, for a minimum 8 -foot sideyard setback on the north side of the Subject Property, and for a
combined total sideyard width 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 13 in Block 25 in H.M. Cornell's Briarwood; a Resubdivision of
Blocks 4, 6, 7, 8, 9, 11, 12, Lots 1 to 24 both inclusive Block 20, also
Blocks 21, 22, 23, 25, 26, 27, 29 in H.O. Stone & Company's
Addition to Deerfield in Sections 28 and 29, Township 43 North,
Range 12, East of the Third Principal Meridian, according to the Plat
thereof recorded November 27, 1928 as Document 328430, 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
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with respect to the Subject Property to permit the construction of: (1) a bathroom addition extending
the existing south wall of the existing single - family structure a distance of 9.37 feet parallel to and
6.05 feet distant from the south property line of the Subject Property, encroaching 2.5 feet into the
minimum 8 -foot south sideyard setback; and (2) a one -story extension of the existing garage
extending the north wall of the existing structure westerly a distance of 3.873 feet parallel to and
7.25 feet distant from the north property line of the Subject Property, encroaching 1.75 feet into the
minimum 8 -foot north sideyard setback, and authorizing a combined sideyard of 13.75 feet in lieu of
the requirement for a combined total sideyard width of not less than 20 feet, provided that such
addition shall be constructed and maintained in strict accordance with and to the extent provided by
the following plans and supporting material submitted by Petitioner and describing the proposed
addition: (i) Site Plan/Proposed Site Plan for the Werner Renovation, 845 Westcliff Lane, dated
11.09.05; (ii) Proposed Front Elevation for the Werner Renovation, 845 Westcliff Lane, dated
11.09.05; (iii) Floor Plan of Proposed Garage for the Werner Renovation, 845 Westcliff Lane, dated
11.09.05; (iv) Floor Plan of Proposed Master Bath for the Werner Renovation, 845 Westcliff Lane,
dated 11.09.05.
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 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
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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 6th day of February _'2006.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 6th
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