O-09-17VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -17
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1403 GREENWOOD AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of .Tune , 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
15th day of .Tune , 2009.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -17
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1403 GREENWOOD AVENUE
WHEREAS, the owners ( "Petitioners ") of the property commonly known as 1403
Greenwood Avenue and legally described herein (the "Subject Property") have petitioned for a
variation from the reversed corner side yard. requirements of Article 4.03 -F, Paragraph 3,
Subparagraph d of the Zoning Ordinance of the Village of Deerfield to permit the construction of a
one and a half (1.5) car detached garage five feet (5.0') distant from the east property line of the
Subject Property (Broadmoor Place) and encroaching twenty feet (20.0') feet into the required 25-
foot reversed corner side yard setback established for the Subject Property by the required (but
currently non - conforming) Broadmoor Place front yard setback of the adjacent property to the south
of the Subject Property; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on April 7, 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 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 recommendation 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 of the Zoning Ordinance of the Village of Deerfield for a minimum 25-
foot reversed corner side yard setback from the right -of -way line of Broadmoor Place will pose
practical difficulty or unnecessary hardship as applied to the following described property (the
"Subject Property") unless varied as provided herein:
LOT 1 IN THE RESUBDIVISION OF LOT 10, IN DEERFIELD ACRES,
BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION
29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN LAKE COUNTY ILLINOIS.
SECTION 3: That a 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 construction of a one and a half car (20' 0" x
14.0') detached garage with a 5.0 foot setback from Broadmoor Place and encroaching twenty feet
(20.0 ") into the required 25 -foot reversed corner side yard setback established for the Subject
Property by the required (but currently non - conforming) Broadmoor Place front yard setback of the
adjacent property to the south of the Subject Property.
SECTION 4: That said variation is hereby granted to permit the construction of a one and a
half car (20' 0" x 14.0') 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 1403 Greenwood Avenue, Deerfield, Illinois, by B.H. Suhr &
Company, Inc., dated July 6, 2000; (ii) 1 -page sketch of proposed garage by Danley Lumber
Company, 3000 Dundee Road, Suite 106, Northbrook, IL..
SECTION 5: 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 6: 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 7: 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 15th day of June , 2009.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 15th day of June , 2009.
ATTEST:
E 'g
Village President