O-07-01VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -01
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 380 PAULA COURT
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2nd day of January , 2007.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
2nd day of January , 2007.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -01
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 380 PAULA COURT
WHEREAS, the owners of the property commonly known as 380 Paula Court and
legally described herein (the "Subject Property ") have petitioned for a variation from the
requirements of Article 4.02 -F, Section 3, Subsections b and e of the Zoning Ordinance of the
Village of Deerfield to permit the construction of a one story garage addition extending 1.583
feet into the minimum required 8 foot east sideyard setback, and to permit the construction of a
second floor addition to the existing non - conforming single family residence extending 2.166
feet into the minimum required rear yard setback of the Subject Property; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on November 8, 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 that the requested
variations conform 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 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 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 4.02 -F,
Section 3, Subsections b and e of the Zoning Ordinance of the Village of Deerfield for a
minimum required 8 feet east sideyard setback and for a minimum required 40 foot rear yard
setback will pose practical difficulty or unnecessary hardship as applied to the following ,
described property (the "Subject Property ") unless varied as provided herein:
LOT 6 IN "WE -GO PARK OF DEERFIELD" BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF
SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY,
ILLINOIS.
SECTION 3: That a 1.583 foot variation from the strict provisions of Section 3,
Subsection b of Article 4.02 -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
garage addition to the existing single family structure on the Subject Property encroaching L583
feet into the minimum required 8 foot east sideyard in accordance with and to the extent
provided by the following documents depicting the nature and extent of said encroachment: (i)
Site Plan for the Qualizza Residence at 380 Paula Court by Full Circle Architects dated 8 -9 -06
-2-
(revised 9- 14 -06); (ii) Sketch of First Floor and Proposed Garage Addition for Qualizza
Residence at 380 Paula Court by Full Circle Architects dated 10- 16 -06; (iii) Sketch of Proposed
Second Floor Addition for Qualizza Residence at 380 Paula Court by Full Circle Architects
dated 10.16.06.
SECTION 4: That a 2.166 foot variation from the strict provisions of Section 3,
Subsection e of Article 4.02 -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 two story
addition to the existing non- conforming single family structure on the Subject Property
encroaching 2.166 feet into the minimum required 40 foot rear yard setback in accordance with
and to the extent provided by the following documents depicting the nature and extent of said
encroachment:(i) Site Plan for the Qualizza Residence at 380 Paula Court by Full Circle
Architects dated 8 -9 -06 (revised 9- 14 -06); (ii) Sketch of First Floor and Proposed Garage
Addition for Qualizza Residence at 380 Paula Court by Full Circle Architects dated 10- 16 -06;
(iii) Sketch of Proposed Second Floor Addition for Qualizza Residence at 380 Paula Court by
Full Circle Architects dated 10.16.06..
SECTION 5: That the variation hereby granted is subject to Petitioner's compliance with
the requirements of this Ordinance, with all provisions of the Zoning Ordinance of the Village of
Deerfield and with all other applicable codes and ordinances of the Village of Deerfield.
SECTION 6: 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
-3-
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 7: 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 2nd day of January _'2007.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
ME