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O-15-06VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -15 -6 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 501 LONGFELLOW AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd 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 2nri day of March , 2015. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -15 -6 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 501 LONGFELLOW AVENUE WHEREAS, the owners of the property commonly known as 501 Longfellow Avenue and legally described herein (the "Subject Property ") have petitioned the Board of Zoning Appeals for approval of an exception and variation pursuant to Article 10.01 -D, Paragraph 5, and Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield to authorize a planned improvement to the existing non - conforming one -story single - family residential structure on the Subject Property consisting of the renovation and two -story addition to the existing structure with a combined total side yard of 13.66 feet in lieu of the 20 -foot minimum combined side yard setback and with a minimum side yard setback of 4.916 feet in lieu of the 8 -foot minimum side yard setback as otherwise required by Paragraph 3 of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield in the R -3 Single - Family Residence District, both conforming to the current side yard setbacks of the existing non - conforming structure on the Subject Property; 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 planned improvement consisting of the renovation and two -story addition to the existing single - family residential structure located on the A- Subject Property will not increase the existing 13.66 foot combined side yard non-conformity or the existing 4.916 foot minimum side yard setback non - conformity of the existing structure on the Subject Property and should be permitted as an authorized exception for non - conforming structures located in a residential district pursuant to Article 10.01 -D, Paragraph 5, and as a variation to the 20 -foot minimum combined side yard setback and the 8 -foot minimum side yard setback otherwise required by Paragraph 3 of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield; 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 the planned improvement to the existing non - conforming single - family structure located on the Subject Property, as more fully described in Section 3 of this Ordinance, will not increase the existing 13.66 foot combined side yard non - conformity or the existing 4.916 foot minimum side yard setback non - conformity of the existing structure on the Subject Property and fully complies with the requirements provided in Article 10.01 -A, Paragraph 5 of the Zoning Ordinance of the Village of Deerfield for the enlargement of an existing non - conforming structure, and that strict enforcement of the combined side yard and minimum side yard setback requirements of Article 4.03 -F, Paragraph 3, of the Zoning Ordinance of the -2- Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the following described property unless varied as provided herein: The West %z of Lot 36 and 35 (except the west 65 feet thereof) in Goldman's North Shore Golf Links Subdivision in the North %: of the Northwest '/ of Section 33, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded June 7, 1924 in Book "N" of Plats, Page 7, as Document 241049, in Lake County Illinois. SECTION 3: That (A) an exception is hereby approved pursuant to Article 10.01 -A, Paragraph 5 of the Zoning Ordinance of the Village of Deerfield authorizing the planned improvement to and enlargement of the existing non - conforming single - family residential structure on the Subject Property, and (B) a variation from the strict provisions of Paragraph 3 of Article 4.03 -F of the Zoning Ordinance of the Village of Deerfield is hereby granted with respect to the Subject Property to permit Petitioner's planned improvement to the existing non - conforming single- family residential structure located on the Subject Property, said planned improvement consisting of a two -story addition to the existing one -story single - family residential structure with a combined total side yard of 13.66 feet and a minimum side yard setback of 4.916 feet, all in accordance with and to the extent provided by the following plans and supporting materials submitted by Petition and describing the planned improvement to the pre - existing structure on the Subject Property: (i) Plat of Survey of the Subject Property dated March 11, 2014 by Chamberlan/Masse Engineering; (ii) Existing Site Plan and New Site Plan for new two -story addition to an existing one -story single - family residence by Info Group, Inc., dated June 16, 2014; (iii) Sheets A -2, A -3, A -4, A -5 and A -6 depicting the new two -story addition to the existing one -story single - family residence on the Subject Property at 501 Longfellow Avenue, by Info Group, Inc., dated 06/16/14; and (iv) Supporting documents, materials and testimony submitted by Petitioners which are incorporated by this reference and made a part of this Ordinance. -3- SECTION 4: That the exception hereby approved and 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. PASSED this 2nd day of Marrh 2015. AYES:Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 2nd day of March '2015. ATTEST: Village Clerk -4- Village President WAIVER REQUEST LETTER 24 February, 2015 From: Mr. Daniel D. Rangelov 501 Longfellow Ave., Deerfield, IL 60015 CC: Mr. Clinton E. Case Dear Mr. Case, Mayor and Board of Trustees, Thank you for your approval at the meeting held on February 17, 2015. We are so excited to be able to continue with our project. This letter is to request a waiver of rules and passage at 1st reading to allow the Ordinance to be drawn up sooner minimizing the overall process as every day is a valuable time for us. We bought the property a year ago and weren't able to start construction due to the uniqueness of our lot. The caring cost of an empty property for such a long period becomes significant and we really would like to move forward as quickly as possible. It is our understanding that upon approval of this request, we will be able obtain permit and start construction sooner. Once submitted to the Community Development Department, the plans can move through the system simultaneously with the recording of the Ordinance making the process a lot shorter. Our goal is to be able to move in by fall of 2015 and have our kids enjoy the great schools Deerfield has to offer. We hope that you can give us your support in that matter and Thank you in advance for taking the time to review it. Sincerely, I Mr. Daniel D. Rangelov I