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O-14-02VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -2 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 170 SEQUOIA LANE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of February 2014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 3rd day of February ,2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -2 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 170 SEQUOIA LANE WHEREAS, the owners of the property commonly known as 170 Sequoia Lane and legally described herein (the "Subject Property ") petitioned the Board of Zoning Appeals of the Village of Deerfield for a variation from the minimum rear yard requirements of Article 4.02 -F, Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield to permit the construction of one -story sunroom addition at the northwest corner of the existing single - family structure on the Subject Property encroaching 5.5 feet into the 40 -foot required rear yard; and, WHEREAS, the Board of Zoning Appeals held a public hearing on December 3, 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 set forth in Article 13.07 -E of the Zoning Ordinance ofthe 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 concurred in and adopted as the findings offact ofthe 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 4.02 -F, Paragraph 3, Subparagraph e of the Zoning Ordinance of the Village of Deerfield for a minimum 40 -foot rear yard will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein: LOT 43 IN COLONY POINT UNIT 4 BEING A SUBDIVISION IN SECTION 33 AND 34, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17, 1965 AS DOCUMENT NUMBER 1254495, IN LAKE COUNTY, ILLINOIS. PIN 16- 33- 401 -001 SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e of Article 4.02 -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 sunroom addition at the northwest corner of the existing single - family structure on the Subject Property encroaching 5.50 feet into the minimum 40 -foot rear yard required under the Zoning Ordinance, provided that such addition shall be constructed and maintained in 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 Joseph R. Sadoski, dated October 9, 2013; (ii) Proposed Site Plan for Addition to Residence for Steve and Gail Lewis by Stuart D. Shayman Associates, dated 10.14.13; (iii) Tree /Topo Plan for Addition to Residence for Steve and Gail Lewis by Stuart D. Shayman Associates, dated 10.14.13; (iv) Proposed North -East View rendering of Addition to Residence for Steve and Gail Lewis by Stuart D. Shayman Associates, dated 10.14.13. -2- SECTION 4: That this variation is granted subject to Petitioner's 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 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 3rd day of February 2014. AYES:Benton, Farkas, Jester, Nadler, Seiden NAYS: None ABSENT: Struthers ABSTAIN: None APPROVED this 3rd day of February 2014. ATTES ': Village Clerk -3- Village President