O-13-17VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -17
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN 301 PINE STREET
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of April, 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
15th day of April, 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -17
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN 301 PINE STREET
WHEREAS, the owners ( "Petitioners ") of the property commonly known as 301 Pine Street
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 (20.0 ft.) to permit the construction of an addition
to the existing one -car garage on the Subject Property to provide for a two -car garage extending to
within 9.18 ft. of the south property line, for a combined total side yard of approximately eighteen
feet (18.0 ft.), and an encroachment of 2.0 ft. into the minimum required combined side yard of
twenty feet (20 ft.); and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on February 19, 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 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 (20.0 ft.) will pose practical difficulty or unnecessary hardship as applied
to the following described property (the "Subject Property ") unless varied as provided herein:
Lot 9 in Third Addition to Deerfield Park, Unit No. 1 being a Subdivision in the
West. of the S.E. 1/4 of Section 32, Township 43 North, Range 12 East of the Third
Principal Meridian, according to the plat thereof recorded December 22, 1958 as
Document 1015140, in Book 34 of Plats, Page 96, in Lake County, Illinois.
SECTION 3: That a 2.00 ft. 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 an addition to the existing one -car
garage to provide for a two -car garage on the Subject Property extending the south line of said garage
southerly to a point approximately 9.18 feet north of the south property line of the Subject Property,
for a combined total side yard of eighteen feet (18.0 ft.) with 2.00 foot encroachment into the
minimum required twenty foot (20 ft.) combined side yard, provided such construction shall be 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 March 6, 2013 by
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Mid Lakes Survey Company; (ii) Site Plan by Foster Dale Architects for the addition to the
Jacobs /Getter residence showing Existing Conditions revised 3/7/13, and Scheme 2 revised 3/7/13.
SECTION 4: That the variation hereby granted is subject to Petitioners' 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 15th day of April , 2013.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 15th day of April , 2013.
ATTEST:
Villiage Clerk
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Village Presillent