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HomeMy WebLinkAboutO-01-37VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 01- 3 7 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 911 WESTCLIFF AVENUE, DEERFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of November 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2 0th day of November 2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 01- 3 7 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 911 WESTCLIFF AVENUE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 911 Westcliff Avenue an d legally described herein (the "Subject Property") have petitioned for a variation from the requirements of Article 2.03 -D, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield to permit the construction of a bay window addition encroaching three feet, four inches (3ft. 4in.) into the required 10 -foot separation between detached accessory structures and the principal structure on the Subject Property; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on September 25, 2001 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 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 variation; 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 recommendation of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees. 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 requirement of Article 2.03 -D, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield for a 10 -foot separation between detached accessory structures and the principal structure will pose practical difficulty or unnecessary hardship as applied to the Subject Property legally described in Section 3 hereof, unless varied as provided herein. SECTION 3: That a variation from the strict provisions of Paragraph 3 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 hereinafter described so as to permit the construction of a bay window addition encroaching 3 feet, 4 inches into the minimum 10 -foot separation between detached accessory structures and the principal structure on the Subject Property in accordance with and to the extent provided by the Site Plan, First Floor Plan and Elevations dated May 9, 2001, by JMH Architects, Inc., which plans are incorporated and made a part of this Ordinance by this reference, to wit: Lots 17 and 18 and the south half of Lot 19 in Block 25 in H.M. Cornell Company's Briarwoods, a Subdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots I through 24, both inclusive in Blocks 20, 21, 22, 23, 25, 26, 27, 28 and 29 in H.O. Stone and Company's addition to Deerfield in Sections 28 and 29 Township 43 North, Range 12, east of the Third Principal Meridian; according to the Plat of said Briarwoods recorded November 27, 1928, in Book "T" of Plats, pages 40 and 41 therein, as Document No. 328430, in Lake County, Illinois. -2- 0 SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this Ordinance, 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 'natter 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 as provided by law. PASSED this 19th day of November , 2001. AYES: Ragona, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None '(0) ABSENT: Kayne (1) ABSTAIN: Nor APPROVED this ATTEST: Village lerk r� -3- a V ' 1 t1 � t � ;l STATE OF ILLINOIS E COUNTY RECORDER COUNTIES OF LAKE AND COOK ) SS lAK JAN 2 8 2002 VILLAGE OF DEERFIELD ) The undersigned hereby certifies that lie is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -0 1 -37 entitled "An Ordinance Granting a Variation from the Provisions of the Zoning Ordinance for Certain Property Commonly Known as 911 Westcliff Avenue, Deerfield, Illinois" as appears in the records and files of the office of the Village Clerk. Dated this November 21, 2001 SEAL 1 .O.- Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. O— 01— 3 7 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 911 WESTGLIFF AVENUE, DEERFIELD, ILLINOIS Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of November 2001. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of November 2001. Y VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 01- 3 7 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE FOR CERTAIN PROPERTY COMMONLY KNOWN AS 911 WESTCLIFF AVENUE, DEERFIELD, ILLINOIS WHEREAS, the owners of the property commonly known as 911 Westcliff Avenue an d legally described herein (the "Subject Property") have petitioned for a variation from the requirements of Article 2.03 -D, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield to permit the construction of a bay window addition encroaching three feet, four inches (aft. 4in.) into the required 10 -foot separation between detached accessory structures and the principal structure on the Subject Property; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on September 25, 2001 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 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 variation; NOW, THEREFORE, BE I•T 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 recommendation of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees. 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 requirement of Article 2.03 -D, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield for a 10 -foot separation between detached accessory structures and the principal structure will pose practical difficulty or unnecessary hardship as applied to the Subject Property legally described in Section 3 hereof, unless varied as provided herein. SECTION 3: That a variation from the strict provisions of Paragraph 3 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 hereinafter described so as to permit the construction of a bay window addition encroaching 3 feet, 4 inches into the minimum 10 -foot separation between detached accessory structures and the principal structure on the Subject Property in accordance with and to the extent provided by the Site Plan. First Floor'Plan and Elevations dated May 9, 2001, by .IMH Architects, Inc., which plans are incorporated and made a part of this Ordinance by this reference, to wit: Lots 17 and 18 and the south half of Lot 19 in Block 25 in H.M. Cornell Company's Briarwoods, a Subdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 through 24, both inclusive in Blocks 20, 21, 22, 23, 25, 26, 27, 28 and 29 in H.O. Stone and Company's addition to Deerfield in Sections 28 and 29 Township 43 North, Ran ge 12, east of the Third Principal Meridian; according to the Plat of said Briarwoods recorded November 27, 1928. in Book "T" of Plats, pages 40 and 41 therein, as Document No. 328430, in Lake County, Illinois. -2- SECTION 4: That the variation hereby granted is subject to compliance by the Petitioners with the requirements of this Ordinance, 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 as provided by law. PASSED this 19th day of November , 2001. AYES: Ragona, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None '(0) ABSENT: Kay.ne (1) ABSTAIN: Nor. APPROVED this ATTEST: Village Clerk _.�