O-11-45VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -45
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1134 CHESTNUT STREET
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
5th day of December , 201_
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
5th day of December , 2011
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -45
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1134 CHESTNUT STREET
WHEREAS, the owners of the property commonly known as 1134 Chestnut Street and
legally described herein (the "Subject Property") have petitioned for a variation from the
requirements of Article 10.01 -A, Paragraph 4 of the Zoning Ordinance of the Village of Deerfield to
permit the reconstruction, in excess of the 50% of the replacement cost, of an existing non-
conforming one -car garage with a new garage on the Subject Property of the same size and in the
same location; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on October 18, 2011 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
replacement of the existing nonconforming one -car garage located on the Subject Property with a
new garage of the same size and in the same location, provided that the new garage shall not exceed
a maximum height of eighteen (18) feet; and,
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 above and foregoing recitals be and the same are incorporated and
made a part of this Ordinance as if fully set forth herein.
SECTION 2: That Petitioners have proven to the satisfaction of the Board of Trustees that
strict enforcement of the 50% replacement cost standard of Article 10.01 -A, Paragraph 4 of the
Zoning Ordinance of the Village of Deerfield 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 Foxworthy's Resubdivision of Lots 21 to 34 in Block 1 in
Deerfield Park Land and Improvement Association Subdivision in
Section 29, Township 43 North, Range 12, East of the Third Principal
Meridian, according to the plat thereof recorded December 8, 1926
as Document 291159, in Book "Q" of Plats, Page 90 in Lake County,
Illinois.
SECTION 3: That a variation from the strict provisions of Article 10.01 -A, Paragraph 4 of
the Zoning Ordinance of the Village of Deerfield is hereby granted with respect to the Subject
Property to permit the replacement of the existing nonconforming one -car garage located on the
Subject Property with new garage of the same size and in the same location, provided that the new
garage shall not exceed a maximum height of eighteen (18) feet.
SECTION 4: That said variation is hereby granted subject to strict compliance with the
requirements and conditions of this Ordinance, with all applicable provisions of the Zoning
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Ordinance of the Village of Deerfield, and with all 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 5th day of December _'201
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Farkas (1)
ABSTAIN: None (0)
APPROVED this 5th day of December , 201 1
ATTEST•
illage Clerk
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Village Pres'dent
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