O-13-41VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -41
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
430 BRIERHILL ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of September 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
_- 104py Of SpAember , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -41
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
430 BRIERHILL ROAD
WHEREAS, the owners of the property commonly known as 430 Brierhill 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 140 -foot front yard setback in lieu of the 175 -foot established front yard setback
required by said Article 2.02 -D, Paragraph 1; and,
WHEREAS, the Board of Zoning Appeals of Village of Deerfield held a public 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 140 -foot front yard
setback in lieu of the 175 -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 18 in Brierhill, a Subdivision of the West Half ( -) of the East Half (.) of the
Northeast Quarter (1 /4) (except the North 8.10 chains thereof) and the North 594.60
feet of the East 60 feet of the East Half (.)of the West Half ( -) of the Northeast
Quarter (1 /4) of Section 33, Township 43 North, Range 12 East of the Third Principal
Meridian, 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 so as to permit the
construction of a new single- family residence on the Subject Property with a 140 -foot front yard
setback in lieu of a 175 -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 175 -foot front yard setback:
(i) Boundary and Topographic Survey of the Subject Property by United Survey Service, LLC, dated
May 13, 2013; (ii) Landscape Development Study of The Ballis Residence by Rocco Fiore & Sons,
Inc., dated May 12, 2013; and, (iii) the supporting documents, materials and testimony submitted by
Petitioners which are hereby incorporated by this reference and made a part of this Ordinance.
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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 G: 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 16th day of SPntamher 72013.
AYES: parkas, Jester, Nadler, Seiden
NAYS: None
ABSENT: Benton, Struthers
ABSTAIN: None
APPROVED this dL' day of '` _'2013.
Village Presi
ATTEST:
i
illage Cle k
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