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O-10-17VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -17 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 638 CAROLINE COURT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of June , 2010. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21stday of June , 2010. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -17 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 638 CAROLINE COURT WHEREAS, the owners of the property commonly known as 638 Caroline Court 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 an addition to the existing single- family residence on the Subject Property with a 38.15 -foot front yard setback in lieu of the 40 -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 May 4, 2010 to consider said petition, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the provisions of 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 an addition to the existing single- family residence located on the Subject Property with a 3 8.15 -foot front yard setback in lieu of the 40 -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 6 in the Resubdivision of Lot `A' in Tallmans Subdivision of part of the Southwest Quarter of Section 28, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat of said Resubdivision recorded July 25, 1962 as Document 1156630, in Book 37 of Plats, Page 44, 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 so as to permit the construction of an addition to the existing single- family residence on the Subject Property with a 38.15 -foot front yard setback in lieu of the 40 -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 extent of the addition to be constructed on the Subject Property and the resulting encroachment into the established 40 -foot front yard setback: (i) Site Plan Sheet AO -0 for Second Story Addition and Remodeling for Gunther Residence by Forest Glen Construction Company, Inc. dated 01/16/10 and bearing a last revision date of 03/10/10; (ii) West Elevation Sheet A2 -0 for Second Story Addition and Remodeling for Gunther Residence by Forest Glen Construction Company, Inc. dated 01/16/10 and bearing a last revision date of 03/10/10; (iii) South Elevation Sheet A2 -1 for Second Story Addition and Remodeling for Gunther Residence by Forest Glen Construction Company, Inc. dated 01/16/10 and bearing a last revision date of 03/10/10; (iv) North Elevation Sheet A2 -3 for Second Story Addition and Remodeling for Gunther Residence by Forest Glen Construction Company, Inc. dated 01/16/10 and bearing a last revision date of 03 /10/10; (v) Boundary and Topographic Survey of Subject Property by R.E. Decker, P.C., Professional Land Surveyors, dated March 1, 2010; and (vi) 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. 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 21st day of June , 2010. AYES: Benton, Jester, Oppenhaim, Seiden, Struthers (5) NAYS: None (0) ABSENT: Farkas (1) ABSTAIN: APPROVED this 21st day of June , 2010. Village President ATTEST: Vill ge Clerk