O-20-29VILLAGE OF DEERFIELD
ORDINANCE NO. 0-20-29
AN ORDINANCE GRANTING A MODIFICATION FROM SECTION 2.04-H.3.b OF
THE "DEERFIELD ZONING ORDINANCE 1978." AS AMENDED
(165 E. Saint Andrew Lane)
WHEREAS, David Gordon ("Owner's is the record title owner of the property
commonly known as 165 E. Saint Andrew Lane, Deerfield, Illinois, and legally described in
Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property');
and
WHEREAS, the Property is located in the R-3 Single -Family Residence District of the
Village ("R3 District'; and
WHEREAS, the Property is improved with a single-family residence and an existing
deck, which is deteriorating ("Existing Deck'; and
WHEREAS, pursuant to section 2.03-(D)(5) of the Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Code', raised decks in the R3 District may not be located less than
eight feet from any lot line; and
WHEREAS, the Existing Deck is a legal nonconformity in that it was built four feet
from the southern lot line of the Property; and
WHEREAS, the Owners desire to replace the Existing Deck with a new deck to be
constructed four feet from the southern lot line, in violation of Section 2.03-(D)(5) of the
Zoning Code ("Proposed Deck'; and
WHEREAS, pursuant to Section 10.01-A of the Zoning Code, no nonconforming
structure may be restored or reconstructed if damaged or destroyed if the cost of
reconstruction or restoration will exceed fifty percent of the replacement cost of the entire
structure; and
WHEREAS, in order to permit the installation of the Proposed Deck on the Property,
the Owners have filed an application for a modification from Section 2.03-(D)(5) of the Zoning
Code to allow them to construct the Proposed Deck approximately four feet from the southern
lot line ("Requested Modification'; and
WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of
Deerfield ("ZBA'� to consider the approval of the Requested Modification was duly advertised
in the Deerfield Review on September 24, 2020, and held on October 20, 2020; and
WHEREAS, on October 20, 2020, the ZBA voted to recommend approval of the
Requested Modification, in accordance with Section 13.07-E of the Zoning Code; and
WHEREAS, the Village Board has determined that the Requested Modification meets
the required standards for modifications set forth in Section 13.07 of the Zoning Code; and
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WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant the Requested Modification, subject to the conditions,
restrictions, and provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as the findings of the Village Board.
SECTION TWO: GRANT OF REQUESTED MODIFICATION. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this
Ordinance, and pursuant to Section 13.07-G of the Zoning Code and the home rule powers of
the Village, the Village Board hereby grants the Requested Modification from Section 2.03-
(D)(5) of the Zoning Code to permit the installation of the Proposed Deck.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Zoning Code or any
other rights the Owners may have, the approvals granted in Section Two of this Ordinance
are hereby expressly subject to and contingent upon the construction, use, operation, and
maintenance of the Proposed Deck in compliance with each and all of the following conditions:
A. Compliance with Regulations. Except to the extent specifically provided
otherwise in this Ordinance, the development, use, operation, and
maintenance of the Proposed Deck must comply at all times with all applicable
Village codes and ordinances, as the same have been or may be amended from
time to time.
B. Compliance with Plans. The development, use, and maintenance of the
Proposed Deck shall be in strict compliance with plans prepared by
Fenceworks, consisting of 2 sheets, a copy of which is attached to and, by this
reference, made a part of this Ordinance as Exhibit B, except for minor
changes and site work approved by the Village's Principal Planner in
accordance with applicable Village codes, ordinances, and standards.
C. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Owners must pay to
the Village, promptly upon presentation of a written demand or demands
therefor, all legal fees, costs, and expenses incurred or accrued in connection
with the review, negotiation, preparation, consideration, and review of this
Ordinance. Payment of all such fees, costs, and expenses for which demand
has been made must be made by a certified or cashier's check. Further, the
Owners will be liable for, and must pay upon demand, all costs incurred by the
Village for publications and recordings required in connection with the
aforesaid matters.
SECTION FOUR: RECORDATION; BINDING EFFECT. A copy of this
Ordinance will be recorded against the Property with the Lake County Recorder of Deeds.
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This Ordinance and the privileges, obligations, and provisions contained herein inure solely
to the benefit of, and be binding upon, the Owners and each of their heirs, representatives,
successors, and assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owners to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted in Section Two of this Ordinance will, at the sole discretion of the Village
Board, by ordinance duly adopted, be revoked and become null and void; provided, however,
that the Village Board may not so revoke the approvals granted in Section Two of this
Ordinance unless it first provides the Owners with two months advance written notice of the
reasons for revocation and an opportunity to be heard at a regular meeting of Village Board.
In the event of such revocation, the development and use of the Property be governed solely
by the regulations of the R3 District and the applicable provisions of the Zoning Code, as the
same may, from time to time, be amended. Further, in the event of such revocation, the
Village Manager and Village Attorney are hereby authorized and directed to bring such
zoning enforcement action as may be appropriate under the circumstances.
SECTION SIX: AMENDMENTS. Any amendment to this Ordinance may be
granted only pursuant to the procedures, and subject to the standards and limitations,
provided in the Zoning Code for the amending or granting of modifications.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
Passage by the Village Board in the manner required by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Owners with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit C
attached to and, by this reference, made a part of this Ordinance, to
accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance and to indemnify the Village for
any claims that may arise in connection with the approval of this
Ordinance; and
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Recorder of Lake County.
B. In the event that the Owners do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 7.A.3 of this
Ordinance, within 30 days after the date of final passage of this Ordinance by
the Village Board, the Village Board will have the right, in its sole discretion,
to declare this Ordinance null and void and of no force or effect.
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AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: December 21, 2020
APPROVED: December 22, 2020
ORDINANCE NO. 0-20-29, j �1- eX4,4 y
txa
Harriet Rosenthal, Mayor
ATTEST/'
Kent S. Itreet, Village Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 75-A, A RESUBDIVISION OF LOTS 73 AND PART OF 74 AND 75 OF DEER RUN
PHASE 2, BEING A PARTIAL SUBDIVISION OF DEER RUN PHASE 2, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 33, AND THE
SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF,
RECORDED OCTOBER 29, 1986, AS DOCUMENT 2498675, IN LAKE COUNTY
ILLINOIS.
PIN: 16-34-304-078
COMMONLY KNOWN AS: 165 E. SAINT ANDREWS
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EXHIBIT B
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village's:
WHEREAS, Ross and Linsey Friedman (collectively, the "Owners' are the record
title owners of the property commonly known as 1195 Somerset Avenue, Deerfield, Illinois,
and legally described in Exhibit A attached to and, by this reference, made a part of this
Ordinance ("Property's; and
WHEREAS, Ordinance No. adopted by the Village Board on
2019 ("Ordinance's, grants a modification from the "Village of Deerfield Zoning Ordinance
1978," as amended, to permit the construction of a deck on the Property; and
WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Owners have filed, within 30 days
following the passage of the Ordinance, their unconditional agreement and consent to accept
and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;
NOW, THEREFORE, the Owners do hereby agree and covenant as follows:
1. The Owners hereby unconditionally agree to, accept, consent to, and will abide
by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2. The Owners acknowledge that public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance, have considered the possibility
of the revocation provided for in the Ordinance, and agree not to challenge any such
revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Owners acknowledge and agree that the Village is not and will not be, in
any way, liable for any damages or injuries that may be sustained as a result of the Village's
granting of the modification or adoption of the Ordinance, and that the Village's approval of
the modification does not, and will not, in any way, be deemed to insure the Owners against
damage or injury of any kind and at any time.
4. The Owners hereby agree to hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may, at any
time, be asserted against any of such parties in connection with the Village's adoption of the
Ordinance granting the modification.
[SIGNATURES ON FOLLOWING PAGE]
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Dated: , 2020.
ATTEST:
By:
ATTEST:
By:
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David Gordon