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O-06-39VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -39 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1027 GREENWOOD AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of September , 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 5th day of September , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -39 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1027 GREENWOOD AVENUE WHEREAS, the owners of the property commonly known as 1027 Greenwood Avenue and legally described herein (the "Subject Property ") have petitioned for a variation from the requirements of Article 10.01 -A, Paragraph 4 of the Zoning Ordinance of the Village of Deerfield to permit the reconstruction in excess of the 50% replacement of an existing non - conforming single- family residence on its original non - conforming foundation; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on July 11, 2006 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 with respect to the standards for variations set forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield, but failing on a 2 to 3 vote to recommend the granting of the requested variation; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield to grant the requested variation to the extent provided herein; 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 above and foregoing recitals be and the same are incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That Petitioners have proven to the satisfaction of the Board of Trustees that strict enforcement of the 50% replacement cost standard of Article 10.01 -A, Paragraph 4 of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the following described property (the "Subject Property"), unless varied as provided herein: Lots 19 and 20 in Block 1 in Deerfield Park Land and Improvement Association Subdivision, being a subdivision of part of the southeast 1/4 of Section 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded May 5, 1898 as Document 70892 in Book "D" of Plats, Page 64 to 67, both inclusive, in Lake County, Illinois. PIN 16 -29- 402 -007 SECTION 3: That a variation from the strict provisions of Article 10.01 -A, Paragraph 4 of the Zoning Ordinance of the Village of Deerfield is hereby granted with respect to the Subject Property to permit the restoration and reconstruction of the superstructure of a single - family residence on the original non - conforming foundation on the Subject Property, provided that the reconstruction of the single - family residence on said foundation shall be in strict accordance with and to the extent provided by the following plans and exhibits depicting the reconstructed single- family residence: building permit drawings for Two -story Addition at 1027 Greenwood Avenue, -2- Deerfield, Illinois by OZe Architects, including Sheet A- 1(site plan and notes), Sheet A -2 (basement and first floor plans), Sheet A -3 (second floor and roof plan), Sheet A -4 (details and wall sections), Sheet A -5 (elevations), Sheet P -1 (plumbing diagrams and notes), Sheet M -1 (HVAC plans and notes), Sheet M -2 (radiant solar heat layouts), and Sheet E -1 (electrical diagrams, plans and notes). All of such plans and documents are hereby incorporated in and made a part of this Ordinance as if fully set forth herein. SECTION 4: That said variation is hereby granted subject to strict compliance with the requirements and conditions of this Ordinance, with all applicable provisions of the Zoning Ordinance of the Village of Deerfield, and with all 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] -3- 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 5th day of September '2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0 ) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th ATTEST: ' �! A . \ N r Village Clerk -4-