O-16-03VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -3
AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION
FOR PROPERTY LOCATED AT 648 AMBLESIDE DRIVE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of January , 2016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
19thday of January , 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -3
AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION
FOR PROPERTY LOCATED AT 648 AMBLESIDE DRIVE
WHEREAS, the owners of the property commonly known as 648 Ambleside Drive and
legally described herein (the "Subject Property ") have petitioned for a modification from the
maximum height requirements for front yard fences of Article 2.04 -H, Paragraph 3, Subparagraph
a. of the Zoning Ordinance of the Village of Deerfield, as amended, to permit the installation and
maintenance of a 4 -foot high fence in the required front yard of the Subject Property along
Ambleside Drive in lieu of the maximum 3 -foot height permitted by the Zoning Ordinance; and
WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public
hearing on November 17, 2015 to consider said petition, said hearing being held pursuant to public
notice duly given and published as required by law and conforming in all respects, in both manner
and form, with the Zoning Ordinance of the Village 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 fence modification conforms to the
standards for modifications set forth in Article 13.08 -D of the Zoning Ordinance of the Village of
Deerfield and recommending that the Board of Trustees grant the requested fence modification;
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 hereby 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 application of the requirements of Article 2.04 -H,
Paragraph 3, Subparagraph a. of the Zoning Ordinance of the Village of Deerfield for a maximum
height of 3.0 feet for a fence erected in a front yard would produce unnecessary or undesirable
results as applied to the following described Subject Property unless modified as provided herein:
Lot 45 in Wyatt and Coon's Scatterwood Unit 2, being a Subdivision of part of the
West'' /2 of the Northwest'' /4 of Section 28, Township 43 North, Range 12, East of
the Third Principal Meridian, according to the plat thereof recorded January 23,
1959 as Document Number 1018531, in Lake County, Illinois.
Commonly known as 648 Ambleside Drive, Deerfield, IL.
SECTION 3: That a modification from the strict provisions of Paragraph 3, Subparagraph
a., of Article 2.04 -H of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby
granted with respect to the Subject Property to permit the installation and maintenance of a
split -rail fence within the required front yard of the Subject Property along Ambleside Drive with a
height of 4.0 feet in lieu of the maximum height of 3.0 feet otherwise permitted for front yard
fences, provided that such fence shall be constructed and maintained in strict accordance with and
to the extent provided by the following plans and supporting materials submitted by Petitioner and
describing the proposed fence: (i) plat of survey for 648 Ambleside Drive by Land Surveying
Services, Inc. dated March 25, 2014 with approximate fence location depicted by markup; (ii)
fence location detail sheet by Aronson Fence Company and fence proposal from Aronson Fence
Company dated 9- 24 -15.
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SECTION 4: That the modification 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 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 19th dayof January 2016.
AYES: Farkas, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: Jester, Nadler
ABSTAIN: None
APPROVED this 19th day of January 2016.
ATTEST:
illage Clerk
Village President
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