O-15-12VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -15 -12
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1152 CHESTNUT AVENUE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
4th day of May , 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
4th day of May , 2015.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO.
AN ORDINANCE GRANTING A VARIATION FOR
CERTAIN PROPERTY COMMONLY KNOWN AS
1152 CHESTNUT AVENUE
WHEREAS, the owners of the property commonly known as 1152 Chestnut Avenue have
petitioned for variations from (i) the requirements of Article 2.03 -D, Paragraph 2, and Article
4.03 -F, Paragraph 3, Subparagraph f,2 of the Zoning Ordinance of the Village of Deerfield to
permit the replacement of the existing non - conforming detached garage located on the Subject
Property with a new approximately 413 square foot detached garage which would occupy more
than 30% of the required rear yard in lieu of the maximum 30% specified in Article 2.03 -D,
Paragraph 2, and (ii) the requirements of Article 4.03 -F, Paragraph 3, Subparagraph f,2 of the
Zoning Ordinance of the Village of Deerfield to permit said garage to be located 3.18 feet from the
north side yard property line in lieu of the 5 -foot minimum side yard property line specified in
Article 4.03 -F, Paragraph 3, Subparagraph f,2; and
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on March 3, 2015 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 statutes of the State of Illinois and 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 variations
conform 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 variation; 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 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 performance of the requirements of Article 2.03 -D,
Paragraph 2 and of Article 4.03 -F, Paragraph 3, Subparagraph f,2 of the Zoning Ordinance of the
Village of Deerfield requiring that detached accessory structures not occupy in excess of 30% of
the required rear yard of the Subject Property, and requiring that detached accessory structures
have a minimum side yard of 5.0 feet, will pose practical difficulty or unnecessary hardship as
applied to the following described property (the "Subject Property ") unless varied as provided
herein:
Lot 6 in Foxworthy's Resubdivision of Lots 21 to 34 included in Block 1 of
Deerfield Park Land and Improvement Association's 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 December 8, 1926 as Document
291159 in Book "Q" of Plats Page 90, in Lake County, Illinois.
SECTION 3: That a variation from the strict provisions of Paragraph 2 of Article 2.03 -D
of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to
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the Subject Property to permit the construction of an approximately 413 square foot 2 -car detached
garage covering more than 30% of the required rear yard of the Subject Property.
SECTION 4: That a variation from the strict provisions of Paragraph 3, Subparagraph f,2
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 said 2 -car detached
garage with a north side yard setback of 3.8 feet in lieu of the minimum 5 feet specified in the
Zoning Ordinance.
SECTION 5: That said variations are hereby granted to permit the construction of a 413
square foot 2 -car detached garage on the Subject Property in strict conformance with and to the
extent provided by the following documents depicting the nature and extent of said variations: (i)
Plat of Survey by R.E. Allen and Associates, Ltd., dated August 9, 2007; (ii) Floor Plan and
Building Section Sheet No. 1 of 2 by Hanley's Garage World for "Detached Garage — Hip Roof'
for 1152 Chestnut Avenue, Deerfield, Carol Smith, showing 3 -inch soffit and 4 -inch gutters on the
north side of the proposed garage; (iii) Elevations Sheet 2 of 2 by Hanley's Garage World for
"Detached Garage — Hip Roof' for 1152 Chestnut Avenue, Deerfield, Carol Smith, showing a
3 -inch overhang for the west elevation of the proposed garage; and, (iv) letter dated January 26,
2015 from Mach 1, Inc. directed to Robert Speckmann, Chairman of Board of Zoning Appeals,
describing the revisions to the Petitioner's proposed building plans and requested variations.
SECTION 6: That the variation hereby granted is subject to Petitioner's compliance with
the requirements of this Ordinance, with all provisions of the Zoning Ordinance of the Village of
Deerfield and with all other applicable codes and ordinances of the Village of Deerfield.
SECTION 7: 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
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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 8: 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 4th day of May 2015.
AYES:Jester, Nadler, Seiden, Struthers
NAYS:None
ABSENT: Farkas
ABSTAIN: Shapiro
APPROVED this 4th day of May 2015.
ATTEST:
Village Clerk
✓Z" L-t-�
Village President
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