O-09-22VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -22
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
654 CAROLINE COURT
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of October , 2009.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
19ttday of October , 2009.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -22
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
654 CAROLINE COURT
WHEREAS, the owners of the property commonly known as 654 Caroline Court and legally
described herein (the "Subject Property") have petitioned for a variation from the minimum interior
side yard setback requirements of Article 4.03 -F, Paragraph 3, Subparagraph b, of the Zoning
Ordinance of the Village of Deerfield, as amended, to permit the construction of an attached two -car
garage addition extending the west wall of the existing structure 20.0 feet toward the west property
line, and within 9.083 feet of the west property line to create a combined side yard setback of 17.833
feet in lieu of the requirement for a combined total side yard width of not less than 20 feet; and,
WHEREAS, the Board of Zoning Appeal of the Village of Deerfield held a public hearing
on September 1, 2009 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 Board of Trustees grant the requested variation;
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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 b, of the Zoning Ordinance of the Village of Deerfield for a minimum
combined total side yard width of not less than 20 feet will pose practical difficulty or unnecessary
hardship as applied to the following described property (the "Subject Property ") unless varied as
provided herein:
Lot 4 of the resubdivision of lot A of Tallman's subdivision, being a subdivision of
part of the SW 1/4 of Section 28, Township 43 North, range 12 east of the third
principal meridian, in the Village of Deerfield, according to the Plat of said
resubdivision recorded July 25, 1962, as document 1156630, in book 37 of Plats
page 44, Lake County, Illinois.
SECTION 3: That a 2.166 foot variation from the strict provisions of Paragraph 3,
Subparagraph 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 an attached two -
car garage addition extending the west wall of the existing one -story residence 20.0 feet toward the
west property line, and within 9.083 feet of the west property line of the Subject Property to create a
combined side yard setback of 17.833 feet in lieu of the requirement for a combined total side yard
width of not less than 20 feet, provided that such addition shall be constructed and maintained in
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strict accordance with and to the extent provided by the following plans and supporting material
submitted by Petitioner and describing the proposed addition: (i) sheet I of an undated sketch plan
depicting a site plan for the existing house and garage addition, a side view of the proposed garage
addition, a rear view of the proposed garage addition and construction details for the garage
foundation, slab, wall and roof; (ii) sheet 2 of an undated sketch plan depicting the front view of the
existing one -story single- family residence with the new garage addition, and a floor plan for the
existing one -story residence with the new garage addition; and, (iii) a plat of survey for the Subject
Property by Northern Illinois Survey, Inc. dated November 17, 2008.
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.
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.
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PASSED this 19th day of October , 2009.
AYES: Benton, Farkas, Jester, Oppenhaim, Seiden, Struthers
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 19th day of October , 2009.
Village President
ATTEST:
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Village Clerk