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O-13-39VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -13 -39 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1517 WILMOT ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of September , 2013. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Labe and Cook Counties, Illinois, this 3rd day of September—, 2.013. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -13 -39 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1517 WILMOT ROAD WHEREAS, the owners of the property commonly known as 15 l7 Wilmot Road and legally described herein (the "Subject Property ") have petitioned for a variation from the established front yard setback requirements of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the construction of a new single - family residence on the Subject Property with a 80 -foot front yard setback in lieu of the 121 -foot established front yard setback required by said Article 2.02 -D, Paragraph 1; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a pub) is hearing on July 16, 2013 to consider said petition, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the provisions 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 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 to permit the construction of a new single - family residence on the Subject Property with a 80 -foot front yard setback in lieu of the 121 -foot established front yard setback required by said Article 2.02 -D, Paragraph 1, of the Zoning Ordinance; 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 recommendation of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees. 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 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: Lot 13 in Block 6 in Branigar Brother's Woodland Park, being a Subdivision of Parts of the North Half of Section 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat thereof recorded August 5, 1924, as Document 243980, in Book "M" of Plats, Pages 84 and 85, in Lake County, Illinois, SECTION 3: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the so as to permit the construction of a new single- family residence on the Subject Property with a 80- foot front yard setback in lieu of the 121 -foot established front yard setback, all in accordance with and to the extent provided by the following documents depicting the nature and extent of the proposed construction on the Subject Property and the resulting encroachment into the established 121 -foot front yard setback: (i) Plat of Survey by Mid Lakes Survey Company, dated March 23, 2013; (ii) Plat of Survey by Mid Lakes Survey Company, dated March 23, 2013, depicting First Floor Floor Plan at 80 -foot setback line; (i ii) elevation drawings of proposed single - family residence; and, (iv) the supporting documents, materials and testimony submitted by Petitioners which are hereby incorporated by this reference and made a part of this Ordinance. -2- SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this Ordinance, with all applicable 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 thi: 3rd day of September , 2013. AYES:Benton, Farkas, Jester, Nadler, Se-iden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 3ro ATTEST: ill ge Clerk day of September -3- Village President 2013.