O-10-30VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -30
AN ORDINANCE GRANTING A FENCE HEIGHT
MODIFICATION FOR PROPERTY LOCATED AT
1126 CHESTNUT STREET
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
18th day of October ,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
18thday of October ,2010.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -30
AN ORDINANCE GRANTING A FENCE HEIGHT
MODIFICATION FOR PROPERTY LOCATED AT
1126 CHESTNUT STREET
WHEREAS, the owners of the property commonly known as 1126 Chestnut Street and legally
described herein (the "Subject Property") have petitioned for a modification from the maximum height
requirements for front yard fences of Article 2.04 -H, Paragraph 3, Subparagraph a of the Zoning
Ordinance of the Village of Deerfield, as amended, to permit the installation and maintenance of a 4 -foot
high fence in the required front yard of the Subject Property along Chestnut Street in lieu of the maximum
3 -foot height permitted by the Zoning Ordinance; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on
August 17, 2010 to consider said petition, said hearing being held pursuant to public notice duly given and
published as required by law and conforming in all respects, in both manner and form, with 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 fence modification conforms to the standards for
modifications set forth in Article 13.08 -D of the Zoning Ordinance of the Village of Deerfield and
recommending that the Board of Trustees grant the requested fence modification;
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 hereby 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 application of the requirements of Article 2.04 -H,
Paragraph 3, Subparagraph a of the Zoning Ordinance of the Village of Deerfield for a maximum
height of 3.0 feet for a fence erected in a front yard would produce unnecessary or undesirable
results as applied to the Subject Property unless modified as provided herein:
Lots 1, 2 and 3 in Block 6 in Deerfield Park Land and Improvement Association,
being a Subdivision of Part of the South East Quarter of Section 29, Township 43
North, Range 12, East of the Third Principal Meridian, according to the Plat thereof,
recorded May 5, 1898, as Document 70892, in Block'D' of the Plats, Pages 64 to 67,
inclusive, in Lake County, Illinois.
Said property is commonly known as 1126 Chestnut Street, Deerfield, Illinois.
SECTION 3: That a modification from the strict provisions of Paragraph 3,
Subparagraph a, of Article 2.04 -H of the Zoning Ordinance of the Village of
Deerfield, as amended, is hereby granted with respect to the Subject Property to
permit the installation and maintenance of a fence within the required front yard of
the Subject Property along Chestnut Street with a height of 4.0 feet in lieu of the
maximum height of 3.0 feet otherwise permitted for front yard fences, provided that
such fence shall be constructed and maintained in strict accordance with and to the
extent provided by the following plans and supporting materials submitted by
Petitioner and describing the proposed fence: (i) Plat of Survey by Gregory L.
Powell, dated 5/21/03, of the property commonly known as 1126 Chestnut Street,.
Deerfield, Illinois, with notations depicting the front yard fence location on the
Subject Property; (ii) photograph depicting style and design of proposed front yard
fence.
SECTION 4: That the modification 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.
PASSED this 18th day of October , 2010.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 18th day of October , 2010.
Village Presl ent
ATTEST:
Vill ge Clerk