O-13-25VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -25
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN
AS 260 DEERFIELD ROAD (Harig)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
1st day of Jules , 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
1st day of JUIY , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -25
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN
AS 260 DEERFIELD ROAD (Harig)
WHEREAS, the owners of the property commonly known as 260 Deerfield Road and
legally described herein (the "Subject Property ") have petitioned for a variation from the
minimum rear yard requirements of Article 4.01 -F, Paragraph 3, Subparagraph e, of the Zoning
Ordinance of the Village of Deerfield, as amended, to permit the construction of a two -story
addition to the existing non - conforming single - family structure on the Subject Property, and to
grant a variation to permit the existing structure to maintain 7.00 foot encroachment into the
required 50 -foot rear yard; 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 requirements 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 of the Village of Deerfield containing its written findings that the requested
variation conforms to the standards for variations as set forth 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 enforcement of the requirements of Article 4.01 -F,
Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield for a
minimum 50 -foot rear yard will pose practical difficulty or unnecessary hardship as applied to
the following described Subject Property unless varied as provided herein:
Lot 2 in Gursoy's Subdivision as part of the Southwest Quarter of the Southeast
Quarter Section 28, Township 43 North, Range 12, East of the Third Principal
Meridian, according to the Plat thereof, recorded February 13, 1968, as
Document 1368157, in Book 45 of Plats, Page 40, in Lake County, Illinois.
PIN 16 -28 -414 -013
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e
of Article 4.01 -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 two -story addition to
the existing non - conforming single - family structure on the Subject Property, and to grant a
variation to permit the existing structure to maintain 7.00 foot encroachment into the 50 -foot
minimum 50 -foot rear yard required under the Zoning Ordinance, provided that such addition
shall be constructed and maintained in accordance with and to the extent provided by the
following plans and supporting materials submitted by Petitioner and describing the proposed
addition, which are hereby incorporated and made a part of this Ordinance by this reference: (i)
Plat of Survey dated June 13, 2012 by O'Brien Land Surveying, Inc.; (ii) Grading Plan of 260
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Deerfield Road, Deerfield, Illinois; (iii) the floor plans and elevations for the existing structure
and proposed addition submitted by Petitioner.
SECTION 4: That this variation is granted subject to Petitioner's compliance with the
requirements of this Ordinance, with all applicable provisions of the Village of Deerfield Zoning
Ordinance, 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 1st day of July , 2013.
AYES: Benton, Jester, Seiden, Rosenthal
NAYS: Struthers
ABSENT: Farkas, Nadler
ABSTAIN: None
APPROVED this 1st day of July , 2013.
t^'
Village Pr sident
ATTEST:
Village Clerk
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