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