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O-08-17VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -17 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 645 DIMMEYDALE DRIVE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of May , 2008. 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 May , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -17 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 645 DIMMEYDALE DRIVE WHEREAS, the owners of the property commonly known as 645 Dimmeydale Drive have petitioned for a variation from the requirements of Article 4.02 -F, Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield to permit the construction of a one -story addition to the front of the existing structure, encroaching 3.42 feet into the required front yard setback on the Subject Property, and aligning with the north line, extended, of the existing attached non - conforming garage for a 31.58 foot front yard setback in lieu of the required 35.0 foot front yard setback specified in the Zoning Ordinance; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on March 4, 2008, 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 statutes of the State of Illinois and 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 performance of the requirements of Article 4.02 -F, Paragraph 3, Subsection a of the Zoning Ordinance of the Village of Deerfield for a minimum required 35 -foot front yard setback will pose practice difficulty or unnecessary hardship as applied to the following described property (the "Subject Property ") unless varied as provided herein: Lot 53 in Wyatt and Coon's Scatterwood Unit No. 1, A Subdivision of Part of the Northwest 1/4 of Sections 28, Township 43 North, Range 12 East of the Third Principal Meridian, in Lake County, Illinois. SECTION 3: That a 3.42 foot variation from the strict provisions of Paragraph 3, Subparagraph a, 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 addition to the existing single - family residence on the Subject Property along a line aligning with the north line, extended, of the existing attached non - conforming garage for a 31.58 foot front yard setback from the north 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 by MM Surveying Company, Inc., dated August 31, 2007; (ii) Site Plan depicting one -story addition to existing split level building at 645 Dimmeydale Drive, Deerfield, Illinois 60015; (iii) plan sheet depicting Existing First Floor Plan and showing typical new wall section; (iv) plan sheet depicting Proposed First Floor Plan and Proposed Basement Plan; (v) plan sheet depicting North Elevation (Front), South Elevation (Front), West Elevation (Side), and East Elevation (Side); 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. [This Space Left Blank Intentionally] 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 5th day of May , 2008. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th day of May , 2008. Village President pa 7� ATTEST: 54�— Village Clerk