O-13-47VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -4
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1057 PARK AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of October 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
7th day of October , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -47
AN ORDINANCE GRANTING A VARIATION
FOR CERTAIN PROPERTY COMMONLY KNOWN AS
1057 PARK AVENUE
WHEREAS, the owners of the property commonly known as 1057 Park Avenue 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 12.8 feet in lieu of the minimum 20.0 foot minimum combined side yard
requirement, and 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 south side yard setback of 4.93 feet from the
south property line of the Subject Property in lieu of the minimum 8.0 foot side yard setback
requirement, all to permit the construction of an approximately 3 feet by 15.75 feet (48 square foot)
one -story kitchen addition to the existing single- family residence on the Subject Property in the R -3
Single - Family Residence District; and,
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing
on August 20, 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 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 ofTrustees grant the requested
variations;
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 ft.) and a minimum side yard setback of eight feet (8.0 ft.) will pose
practical difficulty or unnecessary hardship as applied to the following described property (the
"Subject Property ") unless varied as provided herein:
LOTS 14 AND 15 IN BLOCK 5 IN DEERFIELD PARK LAND AND
IMPROVEMENT ASSOCIATION SUBDIVISION. BEING A SUBDIVISION OF
PART OF THE SOUTH EAST QUARTER OF SECTION 29, TOWNSHIP 43
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF. RECORDED MAY 5, 1898, AS
DOCUMENT 70892, IN BOOK "D" OF PLATS, PAGES 64 TO 67 IN LAKE
COUNTY, ILLINOIS.
SECTION 3: That a 7.2 foot variation from the requirement for a combined side yard of not
less than twenty feet (20.0 ft.), and a 3.07 foot variation from the requirement for a minimum side
yard of not less than eight feet (8.0 ft.), are hereby granted 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,
with respect to the Subject Property to permit the construction of an approximately 3 feet by 15.75
feet (48 square foot) one -story kitchen addition to the existing single- family residence on the Subject
Property extending the existing south line of said single - family residence a distance of three feet (3.0
ft.) southerly to a point approximately 5.03 feet north of the south property line of the Subject
Property, all 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 by
Samborski Mattis, Inc. dated January 13, 1984; (ii) Site Plan Sheet No. C -1 for the Paulsen
Residence by Seven Oaks Design Build LLC, dated 07/05/13; (iii) Demo & New First Floor Plan
Sheet No. ID for the Paulsen Residence by Seven Oaks Design Build LLC, dated 07/10/13; (iv)
Exterior Elevations Sheet Nos. A -I and A -2 for the Paulsen Residence by Seven Oaks Design Build
LLC, dated 07/05/13.
SECTION 4: That the variation hereby granted is subject to Petitioner's 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.
-3-
PASSED this 7th day of October , 2013.
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 7th day Of October 2013,
ATTEST:
l
Village Clerk
51
Village Pre 'dent