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O-15-13VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -15 -13 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 829 CEDAR TERRACE 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. 0_15 -13 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 829 CEDAR TERRACE WHEREAS, the owners of the property commonly known as 829 Cedar Terrace have petitioned for a variation from the requirements of Article 2.03 -D, Paragraph 2 of the Zoning Ordinance of the Village of Deerfield, which limits detached accessory structures to not more than 30% of the required rear yard to permit the construction of a 1- story, approximately 308 square foot storage shed addition to the existing garage on the Subject Property occupying approximately 58% of the required rear yard in lieu of the maximum permitted rear yard coverage of 30 %; 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 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 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 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 will pose practical difficulty or unnecessary hardship as applied to the following described property (the "Subject Property ") unless varied as provided herein: Lot 16 in Elmview Subdivision of the south half of Lot 2 in Theodore Scheurmann's Addition to Deerfield, in the Southwest Quarter of Section 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat thereof, recorded January 5, 1928, as Document 311069, in Book "S" of Plats, Page 40, 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 the Subject Property to permit the construction of an approximately 308 square foot I -story storage shed addition to the existing detached garage occupying, in the aggregate, approximately 58% of the required rear yard of the Subject Property. SECTION 4: That said variation is hereby granted to permit the construction and maintenance of an approximately 308 square foot 1 -story addition to the existing detached garage on the Subject Property in strict conformance with and to the extent provided by the following -2- documents depicting the nature and extent of said variation: (i) Plat of Survey by Samborski, Mattis, Inc., Land Surveyors; (ii) sketch of proposed garage addition, including floor plan and elevations, by Daniel E. Ziemba. SECTION 5: 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 6: 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 7: 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 Maur 2015. Village Pilesident ATTEST: Vilage Clerk -3-