O-11-28VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -28
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 711 DIMMEYDALE DRIVE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day of September , 2011.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
6th day of September , 2011.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -28
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 711 DIMMEYDALE DRIVE
WHEREAS, the owners of the property commonly known as 711 Dimmeydale Drive 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 a front porch roof structure with two
(2) supporting columns over the front entry to the existing single - family residence on the Subject
Property with a 31.5 foot front yard setback in lieu of the 35 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 June 21, 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
construction of a front porch roof structure with two (2) supporting columns over the front entry to
the existing single - family residence on the Subject Property with a 31.5 foot front yard setback in
lieu of the 35 foot established front yard setback required by said 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 70 in Wyatt and Coon's Scatterwood, Unit Number 3, being a subdivision of part
of the Northwest Quarter of Section 28, Township 43 North, Range 12, East of the
Third Principal Meridian, according to the plat thereof recorded September 25, 1959
as Document 1046288, In book 36 of Plats, Page 3, 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 a front porch roof structure with two (2)
supporting columns over the front entry to the existing single - family residence on the Subject
Property with a 31.5 foot front yard setback in lieu of the 35 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 front porch roof
structure to be constructed on the Subject Property and the resulting encroachment into the
established 35 foot front yard setback: (i) Plat of Survey of the Subject Property dated June 14, 1999
by Professionals Associated Survey, Inc. Plan depicting proposed 2 -story residence for model home
at Cherry Street and Somerset Avenue; (ii) site sketch of Existing 2 -Story Brick and Wood Frame
Single Family Residence depicting 35 foot setback line and proposed front porch roof structure
addition; (iii) elevation dated 6/21/11 and titled "Proposed Plan (Revised)" showing a side view of
the proposed front porch roof structure addition; (iii) photographic rendering of the existing single
family house on the Subject Property, with the proposed front porch roof structure addition; and,
(iv); 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.
1192
PASSED this 6th day of September , 2011.
AYES: Benton, Farkas, Jester, Oppenheim, Struthers (5)
NAYS: None (0)
ABSENT: Seiden (1)
ABSTAIN: None (0)
APPROVED this 6th day of September , 2011.
Village Pres ent
I:1100I M
Villagb Clerk
-4-