O-13-27VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -27
AN ORDINANCE APPROVING VARIATIONS
FOR A RESTAURANT AT 780 SAUNDERS ROAD
(Health O Wealth)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
1st 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
Is Way of July , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -27
AN ORDINANCE APPROVING VARIATIONS
FOR A RESTAURANT AT 780 SAUNDERS ROAD
(Health O Wealth)
WHEREAS, Petitioner Health O Wealth, Inc. (the "Petitioner "), the owner of an
approximately 0.75 acre parcel of property commonly known as 780 Saunders Road and legally
described herein (the "Subject Property "), in connection with a simultaneous petition submitted by
Petitioner for the rezoning of the Subject Property and for a Special Use to allow a restaurant to be
established and operated on the Subject Property has further petitioned the Village of Deerfield for
variations from the following requirements of the Zoning Ordinance of the Village of Deerfield for
such restaurant: (1) a variation from the requirements of Article 5.02- F(3)(a) to reduce the minimum
50 foot front yard setback to 25 feet; (2) a variation from the requirements of Article 5.02- F(3)(b) to
reduce the minimum 12 foot south side yard setback to 7 feet; and (3) a variation from the
requirements of Article 8.02- E(2)(i) to permit the number of parking spaces required for the
restaurant to be reduced from 35 spaces to 33 spaces (collectively, the "Variations "); and
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on May 7, 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 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 Variations conform 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 Variations to allow: (1)
the minimum front yard setback for the Subject Property to be reduced from 50 feet to 25 feet; (2)
the minimum south side yard setback for the Subject Property to be reduced from 12 feet to 7 feet;
and (3) to permit the number of parking spaces required for Petitioner's proposed special use
restaurant to be reduced from 35 spaces to 33 spaces; 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 hereby incorporated
and made a part of this Ordinance as if fully set forth herein.
SECTION 2: 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.
SECTION 3: That the Petitioners have proven to the satisfaction of the Board of Zoning
Appeals and the Board of Trustees that strict enforcement of the following requirements 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: (1) the requirements of Article 5.02- F(3)(a) for a minimum 50 foot front yard setback (2) the
requirements of Article 5.02- F(3)(b) for a minimum 12 foot south side yard setback; and (3) the
requirements of Article 8.02- E(2)(i) for a minimum of 35 parking spaces, including accessible
parking spaces, to serve the special use restaurant proposed for the Subject Property:
A part of the North West' /4 of Section 31, Township 43 North, Range
12, East of the Third Principal Meridian, described as follows:
Commencing at the intersection of the center line of Sanders Road
(A /K /A Saunders Road) and the North line of said Section 31, said
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point being 1191.6 feet East from the North West corner of said
Section; thence South along the center line of Sanders Road (A /K /A
Saunders Road) 232.15 feet to the true point of beginning; thence
East parallel to the North line of said Section, 327.58 feet; thence
South parallel to the center line of Sanders Road (A/K /A Saunders
Road), 100.00 feet; thence 327.58 feet to said center line; thence
North along said center line, 100.00 feet to the true point of
beginning, in Lake County, Illinois.
P.I.N. 16 -31 -100 -004
SECTION 4: That a variation from the strict provisions of Article 5.02- F(3)(a) of the
Zoning Ordinance of the Village of Deerfield is hereby granted with respect to the Subject Property
to reduce the minimum front yard setback required for the special use restaurant proposed for the
Subject Property from 50 feet to 25 feet.
SECTION 5: That a variation from the strict provisions of Article 5.02- F(3)(b) of the
Zoning Ordinance of the Village of Deerfield is hereby granted with respect to the Subject Property
to reduce the minimum south side yard setback required for the special use restaurant proposed for
the Subject Property from 12 feet to 7 feet.
SECTION 6: That a variation from the strict provisions of Article 8.02- E(2)(i) of the
Zoning Ordinance of the Village of Deerfield is hereby granted with respect to the Subject Property
to permit the total number of parking spaces provided for the special use restaurant proposed for the
Subject Property to be reduced from thirty -five (35)park ing spaces to thirty -three (33) parking
spaces, including accessible parking spaces.
SECTION 7: That the variations granted in Sections 4, 5 and 6 of this Ordinance with
respect to the Subject Property are granted to permit the establishment, operation and use of an
approximately 3,000 square foot restaurant on the Subject Property, with an approximately 2,000
square foot outdoor dining area, which shall be established, operated and maintained in accordance
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with and to the extent provided by the following documents depicting the nature and extent of the
proposed restaurant:
(i) Vehicle Turning Diagram by Shive Hattery Architecture & Engineering, dated
03.26.2013.
(ii) Truck Turning Diagram by Shive Hattery Architecture & Engineering, dated
03.26.2013.
(iii) Landscape Plan for proposed restaurant by Shive Hattery Architecture &
Engineering, dated 03.27.2013.
(iv) Summer Floor Plan by Shive Hattery Architecture & Engineering, dated 03.28.2013.
(v) Health -O- Wealth Restaurant Site Plan by Shive Flattery Architecture & Engineering,
dated 03.27.2013.
SECTION 8: That the variations hereby granted are subject to compliance by the Petitioner
with the requirements of this Ordinance, with all applicable provisions of the Zoning Ordinance of
the Village of Deerfield, with the requirements of the special use granted with respect to the Subject
Property to permit the operation and use of a restaurant thereon, and with all other applicable codes
and ordinances of the Village of Deerfield.
SECTION 9: 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 10: 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.
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PASSED this 1 ,t_ day of ju , 2013.
AYES:Benton, Jester, Seiden, Struthers
NAYS: None
ABSENT: Farkas, Nadler
ABSTAIN: None
APPROVED this 1st day of ,1 „1�V , 2013.
ATTEST:
Mril age Clerk
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Village President