O-11-25VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -25
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1038 OXFORD ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
5rh day of July , 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
5th day of July , 2011.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -25
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1038 OXFORD ROAD
WHEREAS, the owners of the property commonly known as 1038 Oxford Road and legally
described herein (the "Subject Property") have petitioned for a variation from the requirements of Article
4.03 -F, Section 3, Subsection b of the Zoning Ordinance of the Village of Deerfield for a combined side
yard of twenty feet (20 ft.) to permit the construction of a one -story addition to the existing single- family
residence on the Subject Property within 9.06 feet of the south property line, for a combined total side yard
of 16.54 feet; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on May
3, 2011 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 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 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;
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 enforcement of the requirements of Article 4.03 -F, Section 3,
Subsection b of the Zoning Ordinance of the Village of Deerfield for a combined side yard of not less than
twenty feet (20 ft.) will pose practical difficulty or unnecessary hardship as applied to the following
described property (the "Subject Property ") unless varied as provided herein:
Lot 5 in Block 23 in H.M. Cornell Company's Briarwoods, a Subdivision of
Parts of H.O. Stone and Company's Addition to Deerfield in Sections 28
and 29, Township 43 North, Range 12, East of the Third Principal
Meridian, according to the Plat of said Resubdivision recorded November
27, 1928 as Document 328430 in Book "T" of Plats, Pages 40 and 41, in
Lake County, Illinois.
SECTION 3: That a 3.46 -foot variation from the strict provisions of Section 3, Subsection b, of
Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with
respect to the Subject Property to permit the construction of a one -story addition to the existing single -
family structure on the Subject Property extending the existing south line of said single - family residence a
distance of 17 feet, 6 inches (17' 6 ") easterly, at a distance of 9.06 feet from the south property line of the
Subject Property, for a 3.46 feet encroachment into the minimum required twenty foot (20 -ft.) combined
side yard, all in strict accordance with and to the extent provided by the following documents depicting the
nature and extent of said encroachment: (i) a plat of survey of the Subject Property dated October 22, 2010
by Thomas R. Krohn; (ii) Proposed Site Plan and Floor Plan for Kanter Addition, Sheet A -1, by Warren
Johnson Architects, Inc., dated 02/25/11.
SECTION 4: That the variation 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 5th day of July , 2011.
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Farkas (1)
ABSTAIN: None (0)
APPROVED this 5th day of July , 2011.
Village Pr ident
ATTES .
Vill ge Clerk