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O-13-63VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -13 -63 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 136 EAST ST. ANDREWS LANE (WEIN) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of December 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 16thday of December 2013. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -13 -63 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 136 EAST ST. ANDREWS LANE (WEIN) WHEREAS, the owners of the property commonly known as 136 East St. Andrews Lane and legally described herein (the "Subject Property") have petitioned for a variation from the minimum rear yard requirements of Article 4.03 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the construction of a one -story screened porch addition at the northeast corner of the existing single- family structure on the Subject Property encroaching 6.08 feet at the east northeast corner and 0.83 feet at the north northeast comer into the minimum 25 -foot required rear yard; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on August 20, 2013 and October 15, 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 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; -I- 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 4.03 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield for a minimum 25 -foot rear yard will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: Lot 73A in a Resubdivision of Lot 73 and 75 of Deer Run Phase 2, being a Partial Subdivision of Deer Run Phase 2, being a Subdivision of (Part of the Southeast Quarter of) Section 33 & (the Southwest Quarter of Section) 34, Township 43 North, Range 12, East of the Third Principal Meridian, in the Village of Deerfield, Lake County, Illinois. PIN 16 -34- 304 -076 SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e 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 a one -story screened porch addition on the northeast corner of the existing single - family structure on the Subject Property to permit a one -story screened porch addition encroaching 6.08 feet at the east northeast corner and 0.83 feet at the north northeast corner into the minimum 25 -foot rear yard required under the Zoning Ordinance, provided that such addition shall be constructed and maintained in -2- 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 by B. H. Suhr & Company dated March 3, 2000; (ii) architectural drawing by MKA Architectural Design Group, LLC for the Wein residence consisting of Sheet A -I and Sheet S -1. SECTION 4: That this variation is granted subject to Petitioners' 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 terns of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. [This Space Left Blank Intentionally] -3- 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 16th day of December 2013. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 16th day of December 2013. ATTEST: Village Clerk -4- Village President