O-08-20VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -08 -20
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1110 HAZEL AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of .Tune , 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
16th day of .Tune , 2008.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -08 -20
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1110 HAZEL AVENUE
WHEREAS, the owners of the property commonly known as 1110 Hazel Avenue have petitioned
for a variation from the reversed corner side yard requirements of Article 4.03 -F, Paragraph 3,
Subparagraph d, and the requirements of Article 2.03 -D, Paragraph 2, limiting detached accessory
structures to not more than 30% of the required rear yard, to permit the construction of a two -car detached
garage occupying 37.5% of the required rear yard and encroaching 12.833 feet into the required 36 -foot
reversed corner side yard setback established by the average front yard setbacks of the properties fronting
on the block of Oakley Avenue between Hazel Avenue and Somerset Avenue; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on
April 1, 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 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 performance of the requirements of Article 4.03 -F,
Paragraph 3, subparagraph d, and Article 2.03 -D, Paragraph 2, of the Zoning Ordinance of the
Village of Deerfield for a minimum 36 -foot reversed corner side yard setback and requiring that
detached accessory structures not occupy in excess of 30% of the required rear yard of the Subject
Property will pose practical difficulty or unnecessary hardship as applied to the following described
property (the "Subject Property") unless varied as provided herein:
Lots 28, 29 and 27 (except the east 13 feet) in Block 9 in Deerfield
Park Land and Improvement Association Subdivision, being a
subdivision of part of the Southeast 1/4 of Section 29, Township 43
North, Range 12, East of the Third Principal Meridian, according to
the plat thereof recorded May 5, 1898 as Document 70892, in Book
"D" of Plats, Pages 64 through 67, in Lake County Illinois.
SECTION 3: That variation from the strict provisions of Paragraph 3, Subparagraph d 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 replacement of the existing garage on the Subject
Property with a two -car (21' 0" x 29' 3 ") detached garage with a 23.166 foot setback from Oakley
Avenue encroaching 12.833 feet for a distance of 21 feet (the width of the proposed garage) into the
required 36 -foot reversed corner side yard setback established by the average of front yard setbacks
on Oakley Avenue between Hazel Avenue and Somerset Avenue.
SECTION 4: That a variation from the strict provisions of Paragraph 2 of Article 2.03 -D 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 -car detached garage occupying 37.5% of the
required rear yard of the Subject Property.
SECTION 5: That said variations are hereby granted to permit the construction of a two -car
detached garage in strict conformance with and to the extent provided by the following documents
depicting the nature and extent of said variations: (i) Plat of Survey of the property commonly
known as I 1 10 Hazel Avenue, Deerfield, Illinois, by Professionals Associated Survey, Inc., dated
February 20, 2008; (ii) Plot Plan by Mark T. Golan, Architect, Ltd., for Johnson Remodeling, dated
2/15/08 and depicting existing two -story brick and frame house and proposed 21' 0" by 29' 3" frame
garage;
(iii) Floor Plan and West Elevation by Mark T. Golan, Architect, Ltd., for Johnson Remodeling,
dated 2/15/08.
SECTION 6: 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 7: 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 8: 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 June , 2008.
AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 16th d
ATTEST:
V45!'Z-�L
Village Cler
idge rruslucut