O-19-31VILLAGE OF DEERFIELD
ORDINANCE NO. 0-11-31
AN ORDINANCE GRANTING A VARIATION FROM SECTION 4.03-F(3)(d) OF THE
"DEERFIELD ZONING ORDINANCE 1978," AS AMENDED_
(800 Cedar Terrace)
WHEREAS, Derrick Procell and Meredith Colby (collectively, the "Owners') are the
record title owners of the property commonly known as 800 Cedar Terrace, Deerfield, Illinois,
and legally described in Exhibit A attached to and, by this reference, made a part of this
Ordinance ("Property'D; 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 a detached
garage ("Existing Garage'; and
WHEREAS, pursuant to section 4.03-F(3)(d) of the Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Code', a property in the R3 District must have a setback for a
reversed corner side yard along the street side of no less than 15 feet, however, an accessory
structure may not encroach into an area equal in depth to the required front yard of the
adjacent lot to the rear ("Side Yard Setback'; and
WHEREAS, pursuant to Section 4.03-F(3)(a) of the Zoning Code, properties in the R3
District are required to have a front yard of no less than 25 feet; and
WHEREAS, the Owners desire to replace the Existing Garage with a new garage in
the Side Yard Setback and 14 feet from the street side property line, in violation of Section
4.03-F(3)(d) of the Zoning Code ('Proposed Garage'; and
WHEREAS, in order to permit the installation of the Proposed Garage on the
Property, the Owners have filed an application for a variation from Section 4.03-F(3)(d) of
the Zoning Code to allow them to construct the Proposed Garage approximately 14 feet from
the street side property line ("Requested Variation'; and
WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of
Deerfield ("ZBA'D to consider the approval of the Requested Variation was duly advertised
in the Deerfield Review on July 25 , 2019, and held on August 20, 2019; and
WHEREAS, on August 20, 2019, the ZBA voted to recommend approval of the
Requested Variation, in accordance with Section 13.07-E of the Zoning Code; and
WHEREAS, the Village Board has determined that the Requested Variation meets
the required standards for variations set forth in Section 13.07 of the Zoning Code; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant the Requested Variation, 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 VARIATION. 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 Variation from Section 4.03-
F(3)(a) of the Zoning Code to permit the installation of the Proposed Garage.
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 Garage 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 Garage 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 Garage shall be in strict compliance with Floor Plan & Building
Section prepared by Regency Home Remodeling, consisting of two 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.
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 variations.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. 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
3
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.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: October 7, 2019
APPROVED: October 8, 2019
ORDINANCE NO. 0-19-31
Harriet Rosenthal, Mayor
ATTEST:
Kent S. Street, Village Clerk
4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 11 IN ELMVIEW SUBDIVISION OF THE SOUTH HALF OF LOT 2 IN THEODORE
SCHEURMANN'S ADDITION TO THE DEERFIELD, IN THE SOUTH WEST 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.
P.I.N. 16-29-323-012
Commonly known as: 800 Cedar Terrace
EXHIBIT B
FLOOR PLAN & BUILDING SECTION
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September 18, 2019
Hon. Harriet Rosenthal, Mayor
and the Board of Trustees
The Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Re: Zoning appeal and passage on first reading
Dear Mayor and Trustees,
I am writing in regard to your recent consideration of the Board of Zoning Appeals
recommendation regarding our property at 800 Cedar Terrace in Deerfield, at the Board of
Trustees meeting of September 16, and to request a waiver of the rules and passage of the
ordinance on first reading.
Our request is for a two -car detached garage, and we hope to have it completed before winter
is upon us. Passage of the ordinance on first reading would allow us to begin construction two
weeks earlier; a crucial two weeks at this time of year in our area.
Thank you for considering this request.
Yours truly,
r
r
Derrick Procell
800 Cedar Terrace
Deerfield, IL 60015
cc: Clinton Case, Village of Deerfield Community Development