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O-14-29VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -29 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 1111 SPRINGFIELD AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 1st day of December 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 lstdayof December 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. Q-14-29 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS I I I I SPRINGFIELD AVENUE WHEREAS, the owners of the property commonly known as 1 I 1 I Springfield Avenue 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 40 -foot front yard setback in lieu of the 45 -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 public hearing on October 21, 2014 to consider said petition, said hearing being held pursuant to public notice 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 containing its written findings that the requested variation conforms to the standards for variations set forth in Article 13.07 -8 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 40 -foot front yard setback in lieu of the 45 -foot. front yard setback otherwise required as an established front yard setback under Article 2.02 -D, Paragraph 1, of the Zoning Ordinance; and 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 I, 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: Parcel 1: Lots 69, 70 and 71 in Block 4 in Deerfield Park Land and Improvement Association Subdivision, being a subdivision in the Southeast 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 Number 70892, in Book "D" of Plats, Page 64 and 67 in Lake County Illinois. Parcel 2: The westerly half of vacated alley lying easterly and adjoining Parcel 1, as vacated by ordinance passed and approved by the Village of Deerfield March 12, 1914 and recorded February 12, 1915 as Document Number 157539. SECTION 3: That a variation from the strict provisions of Article 2.02 -D, Paragraph I, of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a new single - family residence on the Subject Property with 40 -foot front yard setback in lieu of the 45 -foot established front yard setback that would otherwise be required by Article 2.02 -D, Paragraph 1. -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 terns 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 1st day of December 2014. AYES: Benton, Jester, Seiden, Struthers NAYS: None ABSENT: Farkas, Nadler ABSTAIN: None APPROVED this 1st day of December , 2014. ATTEST: -3- Village P esident ME November 21, 2014 Re: 1111 Springfield Ave Variance -2 "d Reading Waiver Mayor Rosenthal and Board of Trustees: We are writing to request a waiver of the 2 1d reading of report 14 -85 for the Request of Michael and Kelly Jakymiw, 1111 Springfield Avenue, for Relief from Article 2.02 -D, Paragraph 1, of the Zoning Ordinance for Their Property to Permit the Construction of a New Home with a 40 Foot Front Yard in Lieu of the 45 Foot Front Yard Requirement. We are eager to secure financing at current market rates and will benefit from a waiver of the 2nd reading. Please let us know if you have any questions or need any additional information. Sincerely, " A Michael & el y Jakymiw 1111 Springfield Ave 847 -525 -3695 MI