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O-07-15VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -15 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1203 BLACKTHORN LANE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of April , 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 16th day of April , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -15 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1203 BLACKTHORN LANE WHEREAS, the owners of the property commonly known as 1203 Blackthorn Lane 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 one -story garage and family room addition to the southwest corner of the existing single - family residence located on the Subject Property extending the legal non - conforming south line of the existing structure an additional 16.0 feet, parallel to and 6.54 feet distant from the south property line of the Subject Property, encroaching 1.46 feet into the minimum required 8 -foot (8.0') south side yard setback of the Subject Property; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on February 21, 2007 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 -foot south 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: Lot 11 in Block 14 in H. O. Stone and Company's Addition to Deerfield, in Section 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat thereof recorded August 17, 1926 as Document 284742, in Book "Q" of Plats, Pages 22, 23, 24 and 25, in Lake County, Illinois. SECTION 3: That a 1.46 -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 garage and family room addition to the existing single - family structure on the Subject Property extending the existing non - conforming south wall of the structure a distance of 16.0 feet, along a line parallel to and 6.54 feet distant from the south property line of the Subject Property, all in strict conformance with and to the extent provided by the following documents depicting the nature and extent of said encroachment: (i) plat of survey of the Subject Property by Daniel A. Kurowski of Kurowski Engineering Company, dated January 18, 1995; (ii) the following plans for Addition and Remodeling to the Hirsch Residence, 1203 Blackthorn Lane, by Forest Glen Construction Company, Inc. and Midwest Design Group, consisting of: Title Sheet 00 with site plan; Existing Foundation with Demolition Plan, Sheet A1; Existing First Floor Plan with Demolition, Sheet A2; Existing Second Floor Plan with Demolition, Sheet A3; Existing Rear, Front and Right Elevations with Demolition, Sheet A4; Proposed Foundation Plan with Addition, Sheet B 1; Proposed First Floor Plan with Addition, Sheet 132; Proposed Second Floor Plan with Addition, Sheet 133; Proposed Rear, Front and Right Elevations, Sheet 134; Section A -A Sheet Y1 construction details; Section B Sheet Y2 construction details; Section C Sheet Y3 construction details; and Construction Notes and Specifications Sheet Z1. 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. -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 16th day of April , 2007. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 16th day o ATTEST: :wv & i/i _•ice L" Village Clerk 10