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O-07-29VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -29 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1455 GREENWOOD AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of August , 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 6th day of August , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -29 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1455 GREENWOOD AVENUE WHEREAS, the owners of the property commonly known as 1455 Greenwood Avenue and legally described herein (the "Subject Property ") have petitioned for a variation from the minimum street side, sideyard setback requirements of Article 4.03 -F, Paragraph 3, Subparagraph c of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the construction of a one -story master bedroom addition extending the existing west wall of the single - family structure a distance of 25.0 feet along a line varying from 11 feet, 11 -3/16 inches to 11 feet, 3 inches distant from the west property line of the Subject Property and encroaching a maximum of 3 feet, 9 inches into the minimum 15 -foot street side, sideyard setback; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on June 19, 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, Paragraph 3, Subparagraph c, for a minimum 15 -foot street side, sideyard setback on the west side of the Subject Property will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: Lot 1 in Gerald F. Clampitt Subdivision of Lots 1 and 2 (except the south 85.91 feet thereof) in Deerfield Acres in the southwest 1/4 of Section 29, Township 43 North, Range 12 East of the Third Principal Meridian, according to the plat of said Gerald F. Clampitt Subdivision recorded April 13, 1977 as Document No. 1830322 in Book 59 of Plats, Page 12, in Lake County, Illinois. SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph c 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 master bedroom addition extending the existing west wall of the existing single - family structure a distance of 25.0 feet from a point 11 feet, 11 -3/16 inches distant from the west property line of the Subject Property to a point of termination 11 feet, 3 inches distant from the west property line of the Subject Property, encroaching a maximum of 3 feet, 9 inches into the minimum 15 -foot street side, sideyard setback, -2- provided that such addition shall be constructed and maintained in strict accordance with and to the extent provided by the following plans and supporting materials submitted by Petitioners and describing the proposed addition: (i) plat of survey of existing one -story frame residence at 1455 Greenwood Avenue; (ii) Proposed Site Plan and Existing Floor Plan of the Proposed Addition for Scott and Julie Winicour by Harold Forrest Dietrich Architects dated May 10, 2007; (iii) Proposed Floor Plan for the Proposed Addition for Scott and Julie Winicour by Harold Forrest Dietrich Architects LLC dated May 10, 2007; (iv) Proposed South Elevation, East Elevation and West Elevation for the Proposed Addition for Scott and Julie Winicour by Harold Forrest Dietrich Architects LLC dated May 10, 2007. SECTION 4: That the variation hereby granted is subject to Petitioner's compliance 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. -3- PASSED this 6th day of August , 2007. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (1) NAYS: None (0) ABSENT: N6ne (0) ABSTAIN: None (0) APPROVED this 6th day ATTEST: Vi age Clerk -4-