O-10-31VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -31
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
444 HERMITAGE DRIVE
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 -31
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
444 HERMITAGE DRIVE
WHEREAS, the owners of the property commonly known as 444 Hermitage Drive and
legally described herein (the "Subject Property") have petitioned for a variation from the minimum
combined side yard requirements of Article 4.03 -F, Section 3, Subparagraph b, of the Zoning
Ordinance of the Village of Deerfield, as amended, to permit the construction of a one -story, one -car
garage addition extending the west wall of the existing attached garage structure westerly a distance
of 9 feet, 4 -1/2 inches to a line parallel to and 9 feet, 5 inches distant from the west property line of
the Subject Property, creating a combined side yard of 16 feet, 8 inches (east side yard setback of 7
feet, 3 inches combined with west side yard setback of 9 feet, five inches) in lieu of the minimum
requirement for combined total side yards of not less than 20 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on May 4, 2010 that was continued to May 18, 2010 and reconvened on July 13, 2010 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 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 of the Village of Deerfield containing its written findings that the request 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, subject to the condition that the existing garage and garage addition be limited in their
entirety to one - story;
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 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 enforcement of the requirements of Article 4.03 -F,
Paragraph 3, Subparagraph b of the Zoning Ordinance of the Village of Deerfield for a minimum
combined total side yards of not less than 20 feet will pose practical difficulty or unnecessary
hardship as applied to the following described property unless varied as provided herein:
Lot 43 (except the west 25 feet thereof) in Goldman's North Shore Golf Links
Subdivision, in the north 2 of the N.W. 1/4, of Section 33, Township 43 North,
Range 12, East of the Third Principal Meridian, according to the plat thereof,
recorded June 7, 1924, as document number 241049, in book'n' of plats, page 7, in
Lake County, Illinois.
Said property is commonly known as 444 Hermitage Drive, Deerfield, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph b, of
Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted
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with respect to the Subject Property to permit the construction of a one -story, one -car garage addition
to the west side of the existing structure on the Subject Property, extending the wall of the existing
attached garage structure westerly 9 feet, 4 -1/2 inches to a line parallel to and 9 feet, 5 inches distant
from the west property line of the Subject Property, creating a combined side yard of 16 feet, 8
inches in lieu of the minimum requirement for combined total side yards of not less than 20 feet,
provided: (A) that the existing garage and garage addition shall be limited in their entirety to one-
story; and, (B) that such garage addition 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 garage addition:
(i) Plot Plan by Mark T. Golan Architect, Ltd., dated 5/11/10 for Miller Remodeling
depicting the existing house, existing garage and garage addition;
(ii) Floor Plan by Mark T. Golan Architect, Ltd., showing existing and proposed garage floor
plans; and,
(iii) Elevations sheet by Mark T. Golan Architect, Ltd., showing existing south elevation,
proposed south elevation and proposed north and west elevations of the one -story garage
addition.
SECTION 4: That the variation hereby granted is subject to Petitioner's compliance with the
requirements of this Ordinance, with all applicable provisions of the Village of Deerfield Zoning
Ordinance, 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
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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 (4)
NAYS: Seiden, Struthers (2)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 18th. day of October , 2010.
ATTEST:
Vi age Merk
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Village Pr ident