O-09-18VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -18
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 464 GROVE AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of August , 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
3rd day of August , 2009.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -18
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 464 GROVE AVENUE
WHEREAS, the owners of the property commonly known as 464 Grove Avenue and legally
described herein (the "Subject Property ") have petitioned for a variation from the established front
yard setback requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of
Deerfield, as amended, to permit the construction of a new attached garage to the existing single-
family residence on the Subject Property with a 35 -foot front yard setback in lieu of the 37.88 -foot
established front yard setback required by said Article 2.02 -D, Paragraph 1; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on June 2, 2009, to consider said petition, said hearing being held pursuant to public notice 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 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 to permit the
construction of a new attached garage on the Subject Property with a 35 -foot front yard setback in
lieu of the 37.88 -foot front yard setback otherwise required as an established front yard setback under
Article 2.02 -D, Paragraph 1, of the Zoning Ordinance;
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 recommendation of the Board of Zoning Appeals
are concurred in and adopted as the findings of fact of the President and Board of Trustees.
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 2.02 -D,
Paragraph 1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or
unnecessary hardship as applied to the following described Subject Property unless varied as
provided herein:
LOT 58 BROOKSIDE BEING A SUBDIVISION OF PART OF THE
SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION
32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED NOVEMBER 17, 1955 AS DOCUMENT 889022, IN
BOOK 33 OF THE PLATS, PAGE 63, IN LAKE COUNTY,
ILLINOIS
SECTION 3: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1, 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 new garage attached to the existing single - family
residence located on the Subject Property with a 35 -foot front yard setback in lieu of the 37.88 -foot
established front yard setback that would otherwise be required by Article 2.02 -D, Paragraph 1, all in
accordance with and to the extent provided by the following documents depicting the nature and
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extent of the attached garage to be constructed on the Subject Property and the resulting
encroachment into the established 37.88 -foot front yard setback: (i) Plat of Survey dated July 6, 2008
by Fremont Land Surveying; (ii) Sheet A -1 of architectural drawings by Robert P. Lizzo Architect,
dated 10/14/08 for 464 Grove Avenue containing a Site Plan sketch for the proposed new 1- story, 1-
car frame garage; a Garage Floor Plan sketch for the new 1 -car garage; and, a Front Elevation sketch
depicting the new garage addition and the existing single- family house; and, (iii) the supporting
documents, materials and testimony submitted by Petitioners which are hereby incorporated by this
reference and made a part of this Ordinance.
SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners
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.
[This Space Left Blank Intentionally]
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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 3rd day of August , 2009.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 3rd day of August , 2009.
Village Pres' ent
ATTEST:
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Village Clerk