O-15-08VILLAGE OF
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -15 -8
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1109 CENTRAL AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of March 2015.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
16th day of March ,2015.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -15 -8
AN ORDINANCE GRANTING A VARIATION FOR CERTAIN
PROPERTY COMMONLY KNOWN AS 1109 CENTRAL AVENUE
WHEREAS, the owners of the property commonly known as 1109 Central Avenue and
legally described herein (the "Subject Property ") have petitioned for relief from the requirements
of Article 10.01 -A, Paragraph 4, of the Zoning Ordinance of the Village of Deerfield including a
variation from the requirements of Article 4.03 -F of the Zoning Ordinance of the Village of
Deerfield, as amended, to permit the reconstruction of a non - conforming structure which was
demolished to a point beyond 50% of replacement value with a two -story addition and a
second -floor addition conforming to the pre - existing east side yard setback of 5.02 feet in lieu of
the minimum 8 -foot requirement for the east side yard setback; and
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on January 20, 2015 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 relief from Article
10.01 -A, Paragraph 4, of the Zoning Ordinance of the Village of Deerfield, including an east side
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yard setback of 5.02 feet in lieu of the minimum east side yard setback of 8 feet, to permit the
reconstruction of a non - conforming structure which was demolished to a point beyond 50% of
replacement value with a two -story addition and a second -floor addition conforming to the
pre - existing east side yard setback of 5.02 feet in lieu of the minimum 8 -foot requirement for the
east side yard setback;
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 10.01 -A,
Paragraph 4, and Article 4.03 -F, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield
for a minimum east side yard setback of not less than 8 feet will pose practical difficulty or
unnecessary hardship as applied to the following described Subject Property unless varied as
provided herein:
Lot 22 in William F. Plagge's Second Subdivision, in the Northeast '' /o of Section
32.43 North, Range 12, East of the Third Principal Meridian, according to the plat
thereof, recorded July 31, 1924, in Book "N" of Plats, Page 24, as Document
Number 243746, in Lake County Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 3 of Article 4.03 -F
and Paragraph 4 of Article 10.01 -A of the Zoning Ordinance of the Village of Deerfield, as
amended, is hereby granted with respect to the Subject Property to permit the reconstruction of the
existing non - conforming structure which was demolished to a point beyond 50% of replacement
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value with a two -story addition and a second floor addition having an east side yard of 5.02 feet
conforming to the setback of the pre - existing home in lieu of the minimum 8 -foot east side yard
setback otherwise required by Article 4.03 -F, Paragraph 3 of the Zoning Ordinance of the Village
of Deerfield, all in accordance with and to the extent provided by the following plans and
supporting materials submitted by Petitioner and describing the proposed reconstructed structure
with additions:
(i) Site Plan of Subject Property depicting location of pre - existing structure with
second floor addition and two -story addition;
(ii) Plat of Survey of Subject Property dated December 17, 2013, by Andrzej
Murzanski;
(iii) Supporting documents, materials and testimony submitted by Petitioners which are
hereby incorporated by this reference and made a part of this Ordinance.
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 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.
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PASSED this 16th day of March 2015.
AYES:Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS:None
ABSENT: None
ABSTAIN: None
APPROVED this 16th day of March 2015.
ATTEST:
Village Clerk
m
Village President
LAW OFFICES
ASH, ANOS .FREEDMAN & LOGAN, L.L.C.
77 WEST WASHINGTON STREET - SURE 1211
CHICAGO, ILLINOIS 60602
LAWRENCE M. FREEDMAN TELEPHONE: 312 - 346 -1390
BRUCE T. LOGAN FAX: 312. 346.7847
LMFREEDMAN@AFLA W.COM
BARRY ASH
GEORGE J. ANDS, 1951 -2005
JOSEPH ASH, 1951 -2012
VIA EMAIL
Mayor Harriet Rosenthal and
Members of the Board of Trustees
Village of Deerfield, Village Hall
850 Waukegan Road
Deerfield, IL 60015
February 19, 2015
Re: 1109 Central, Deerfield, Illinois
Our File No. 14 -111
Dear Mayor Rosenthal and Members of the Board of Trustees:
I am writing this letter on behalf of Marek Mojsa to request a waiver of the first reading of the
proposed ordinance with respect to Report 15 -15 in order that the ordinance approving the requested variation
be finally enacted at your meeting on March 2, 2015.
As a result of administrative delays, the request for variation was not heard by the Board of Zoning
Appeals until its January meeting, thereby resulting in postponing construction for a number of months. All of
the contractors have been on hold during the process, and it will be most helpful if construction could be
commenced as soon as possible. Thank you for your consideration.
Very truly yours,
ASH, ANO�IAN & LOGAN, L.L.C.
Lawrence M.
LMF:eas
Enclosures
cc: Mr. Marek Mojsa