O-13-30VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -30
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 942 FOREST AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of July , 2013.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
15thday of Jul y , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -30
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 942 FOREST AVENUE
WHEREAS, the owners of the property commonly known as 942 Forest Avenue have
petitioned for a variation from the requirements of Article 2.03 -D, Paragraph 2, which limits
detached accessory structures to not more than 30% of the required rear yard, to permit the
construction of a new 440 square foot two -car detached garage occupying 52.38% of the required
rear yard to replace an existing accessory structure; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on May 21, 2013, 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 statutes of the State of Illinois and 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 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 performance of the requirements of Article 2.03 -D,
Paragraph 2, of the Zoning Ordinance of the Village of Deerfield requiring that detached accessory
structures not occupy in excess of 30% of the required rear yard of the Subject Property will pose
practical difficulty or unnecessary hardship as applied to the following described property (the
"Subject Property ") unless varied as provided herein:
Parcel 1) The South '/z of Lot 13 and the North 20 feet of Lot 14 in block 15 in the
Deerfield Park Land and Improvement Association Subdivision, being a subdivision
of part of the Southeast '/ of Section 29, Township 43 North, Range 12, East of the
Third Principal Meridian, according to the Plat of said subdivision recorded May 5,
1898 in book "D" of plats, pages 64 to 67 as document number 70892, in Lake
County, Illinois, Parcel 2) the east '' /z of the vacated alley lying West adjoining Parcel
1, vacated by ordinance dated March 14, 1955 and recorded August 26, 1956 as
document number 920293, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 2 of Article 2.03 -D 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 440 square foot two -car detached garage occupying
52.38% of the required rear yard of the Subject Property.
SECTION 4: That said variation is hereby granted to permit the construction of a 440
square foot two -car detached garage on the Subject Property in strict conformance with and to the
extent provided by the following documents depicting the nature and extent of said variation: (i) Plat
of Survey of the Subject Property by Central Survey, LLC dated March 13, 2013 and marked as
"Existing Site Plan "; (ii) Plat of Survey of the Subject Property by Central Survey, LLC dated March
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13, 2013 and marked as "Proposed Site Plan" and depicting the footprint of a new 20.0 ft. by 22.0 ft.
garage; (iii) Elevations sheet by Danley's Garage World for "Detached Garage — Gable Roof'.
SECTION 5: 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 6: 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 7: 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 15th day of July , 2013.
AYES:Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 15th
ATTEST:
day of July
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Village President
2013.
k��-
Vi age Clerk
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