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O-11-11VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -11 AN ORDINANCE GRANTING A DRIVEWAY WIDTH VARIATION FOR 1085 MEADOWBROOK LANE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of March , 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 21st day of March , 2011. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11— i l AN ORDINANCE GRANTING A DRIVEWAY WIDTH VARIATION FOR 1085 MEADOWBROOK LANE WHEREAS, the owners of the property commonly known as 1085 Meadowbrook Lane and legally described herein (the "Subject Property") have petitioned for a variation from the maximum driveway width requirements of Section 6 -81(a) and (b) of the Municipal Code of the Village of Deerfield, as amended, to permit the installation and maintenance of driveway and parking pad with a maximum width of 63 feet (including the drive lane as part of the parking pad in front of a side loading garage), in lieu of the maximum 32 foot width otherwise allowed, in accordance with the site plan and supporting materials submitted by Petitioner and describing the proposed driveway and parking pad; and, WHEREAS, the Building and Code Enforcement Supervisor and the Village Engineer have recommended that the requested variation be authorized as provided herein; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of Village staff and have determined that a variation from the driveway width requirements of Section 6 -81 ofthe Municipal Code of the Village of Deerfield should be authorized to the extent provided herein; 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: The Petitioners have proven to the satisfaction of the President and Board of Trustees that: (i) strict application of the requirements of Section 6 -81 of the Municipal Code of the Village of Deerfield would produce unnecessary hardship for the development, maintenance and use of the Subject Property for its permitted purposes in accordance with the Zoning Ordinance of the Village of Deerfield; (ii) the proposed driveway and parking pad would otherwise be consistent with the lot development and site planning regulations of the Municipal Code of the Village of Deerfield; and (iii) that the public interest will be served by authorizing a driveway width variation to the extent provided in Section 2 hereof for the following described property (the "Subject Property"): Lot 4 in the Final Plat of the Harold Subdivision, being a subdivision of part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded April 14, 2000 as Document 4514364 in Lake County, Illinois. SECTION 2: That a variation from the strict provisions of Section 6-81 of the Municipal Code of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property to permit the installation and maintenance of a driveway and parking pad with a width not greater than 63 feet in lieu of the maximum permitted width of 32 feet at any point for the house with side - loading garage as proposed by Petitioner for the Subject Property, provided that such driveway and parking pad 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 driveway and parking pad, to wit: (i) Existing Conditions engineering site plan for Lot 4 of the Harold Subdivision by Greengard, Inc., Drawing No. 55002, dated 8- 27 -09; (ii) Tree Preservation Plan for Lot 4 of the Harold Subdivision by Greengard, Inc., Drawing No. 55002, dated 8- 27 -09; (iii) Grading Plan for Lot 4 of the Harold Subdivision by Greengard, Inc., Drawing No. 55002, dated 8- 27 -09; (iv) General Notes and Details for Lot 4 of the Harold Subdivision by Greengard, Inc., Drawing No. 55002, dated 8- 27 -09; and, (v) Master Landscape Plan for the Chernawsky residence, dated 1 -15 -2011 and revised 1- 24 -11 and 2 -6 -11 by The Perennial Professionals, Inc. SECTION 3: That the variation hereby granted is subject to Petitioner's compliance with the requirements of this Ordinance and with all other applicable codes and ordinances of the Village of Deerfield, and is applicable only to the house with side loading garages as depicted on. SECTION 4: 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. [This Space Left Blank Intentionally] SECTION 5: 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 21st day of March , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) ABSENT: Struthers (1) ABSTAIN: None (0) APPROVED this 23rd day of March , 2011. i Village Presi nt ATTEST: <'� Villagb Clerk