O-06-52VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -52
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1114 DAVIS AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES.
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of November , 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
20th day of November , 2006.
VILLAGE, OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -52
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1114 DAVIS AVENUE
WHEREAS, the owners of the property commonly known as 1114 Davis 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 to permit the construction of a new single- family residence on the Subject Property
encroaching approximately five feet (5.0 ft.) into the 30 -foot front yard required as an established
front yard setback for the block in which the Subject Property is located pursuant to Article 2.02 -D,
Paragraph 1; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on September 19, 2006 and continued to October 4, 2006 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 encroaching approximately five'feet (5 ft.) into the 30-
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 property unless varied as provided herein:
Lot 1 in Melchiorre's Resubdivision of Lots 6 and 7 in Block 1 in Woodland Manor,
a Subdivision of part of the Northwest 1/4 of the Northeast 1/4 of Section 29,
Township 43 North, Range 12, East of the Third Principal Meridian according to the
plat thereof, recorded July 16, 1957 as Document 957826, in Book 1555 of Records,
Page 461, 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 extending approximately five feet (5.0 ft.) into the 30 -foot established front yard setback
required by Article 2.02 -D, Paragraph 1, in strict accordance with and to the limited extent provided
by the following documents depicting the nature and extent of said encroachment: (i) plat of survey
by the Northern Counties Group, Inc. of a 2 -story brick, frame and stucco residence No. 1114, dated
September 26, 2006; and (ii) the supporting documents, materials and testimony submitted by the
Petitioners which are incorporated and made a part of this Ordinance by this reference.
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 20th day of November , 2006.
AYES: Benton, Seiden,
NAYS: Feldman (1)
ABSENT: Rosenthal (1)
ABSTAIN: None (0)
APPROVED this 20th do
ATTEST:
Village Clerk
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