O-07-06VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -06
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1157 HAZEL 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 February , 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
5th day of February , 2007.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -06
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1157 HAZEL AVENUE
WHEREAS, the owners of the property commonly known as 1157 Hazel Avenue and
legally described herein (the "Subject Property ") have petitioned for a variation from the
requirements of Article 4.03 -F, Section 3, Subsection b of the Zoning Ordinance of the Village
of Deerfield to permit the construction of a proposed one -story addition to the east side of the
existing single family residence located on the Subject Property extending the non - conforming
east line of the existing structure a distance of 7.05 feet and encroaching two feet seven inches
(27") into the minimum required eight foot (8.0 ft.) east side yard setback of the Subject
Property; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on December 19, 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
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,
Section 3, Subsection b of the Zoning Ordinance of the Village of Deerfield for a minimum
required 8 feet east side yard setback will pose practical difficulty or unnecessary hardship as
applied to the following described property (the "Subject Property ") unless varied as provided
herein:
Parcel 1:
The westerly 100 feet of Lot 1 in the Resubdivision of Lots 1 to 12
in Block 10 in Deerfield Park Land and Improvement Association
Subdivision in Section 29, Township 43 North, Range 12 East of
the Third Principal Meridian, in Lake County, Illinois.
Parcel 2:
The North half of Alley lying south of and adjoining Parcel 1
vacated by Ordinance recorded May 19, 1972, as Document
1558288.
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SECTION 3: That a two foot, seven inch (27") foot variation from the strict provisions
of Section 3, Subsection b of Article 4.03 -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 addition to the existing single family structure on the Subject Property extending the
existing non - conforming east wall of the structure a distance of 7.05 feet and encroaching two
feet, seven inches (27") into the minimum required 8 foot east side yard, all in strict accordance
with and to the extent provided by the following documents depicting the nature and extent of
said encroachment: (i) Site Plan showing Proposed Addition to Existing %2 Story Brick & Stucco
Residence by Jeremy Lew and Associates, Inc. (ii) First Floor Plan showing Proposed Addition
by Jeremy Lew and Associates, Inc.; (iii) plat of survey of the Subject Property by John P. Tice
dated July 28, 1998.
SECTION 4: 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 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.
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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 5th day of February , 2007.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Wylie : (1)
ABSTAIN: None (0)
APPROVED this 5th day of February , 2007.
Village Pr ident Mo TE-A&
ATTEST:
`4�_ WA _ %J -
W-Milla-ge Clerk
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