O-19-39VILLAGE OF DEERFIELD
ORDINANCE NO. 0-19-39
AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION
FROM SECTION 2.04-H.3(a) OF THE "DEERFIELD
ZONING ORDINANCE 1978," AS AMENDED
(770 Castlewood Lane)
WHEREAS, Kenneth M. Bloom and Alisa C. K. Bloom (collectively, "Owners') are
the record title owners of the property commonly known as 770 Castlewood Lane, Deerfield,
Illinois, and legally described in Exhibit A attached to and, by this reference, made a part
of this Ordinance ("Property's; and
WHEREAS, the Property is located in the R-3 Single -Family Residence District; and
WHEREAS, the Property is currently improved with a single family home and a
fence four feet in height ("Existing Fence'); and
WHEREAS, the Owners desire to replace the Existing Fence with a new fence five
foot, six inches in height in the front yard ("Proposed Fence'); and
WHEREAS, Section 2.04-H.3(a) of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Code'), generally prohibits fences in a front yard of any lot adjoining a
public street in any zoning district to be greater than three feet in height ("Height
Regulation'); and
WHEREAS, in order to permit the installation of the Proposed Fence on the Property,
the Owners have filed an application for a modification from Section 2.04-H.3(a) of the Zoning
Code ("Requested Modification'); and
WHEREAS, a public hearing of the Board of Zoning Appeals of the Village of
Deerfield ("BZA'� to consider the approval of the Requested Modification was duly advertised
in the Deerfield Review on Se )tember 19 , 2019, and held on October 15, 2019; and
WHEREAS, on October 15, 2019, the BZA voted four to one to recommend approval
of the Requested Modification, in accordance with Section 13.08-F of the Zoning Code; and
WHEREAS, the Village Board has determined that the Requested Modification meets
the required standards for modification set forth in Section 13.08 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 Modification for the Proposed Fence, 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 13.08 of the Zoning Code and the home rule powers of
the Village, the Village Board hereby grants the Requested Modification from Section 2.04-
H.3(a) of the Zoning Code to permit the installation of the Proposed Fence.
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 Sections Two of this Ordinance
are hereby expressly subject to and contingent upon the construction, use, operation, and
maintenance of the Property and Proposed Fence 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 Property and Proposed Fence 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 construction, use, and maintenance of the
Proposed Fence shall not exceed five foot, six inches in height and must be in
strict compliance with the proposal prepared by Firs Class Fence Co.,
consisting of two sheets, with a latest revision date of June 10, 2019, a copy of
which is attached to, and by this reference, made part of this Ordinance as
Exhibit B, except for minor changes and site work approved by the Village's
Code Enforcement Supervisor 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 its 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
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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 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:
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
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.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: December 2, 2019
APPROVED: December 3, 2019
ORDINANCE NO. 0-19-39
�l w
Harriet Ros nthal, Mayor
ATTEST
V
Kent S. treet, Villa e Clerk
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 41 (EXCEPT THE NORTH 10 FEET (AS MEASURED ALONG THE EAST LINE OF
SAID LOT) OF THE EAST 25 FEET (AS MEASURED ALONG THE NORTH LINE OF SAID
LOT) IN VALENIS CLAVINIA SUBDIVISION UNIT 4, BEING A SUBDIVISION OF PART
OF THE EAST %z OF THE NORTHEAST 1/ OF SECTION 31, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED SEPTEMBER 25, 1967 AS DOCUMENT NUMBER 13527733, IN
BOOK 44 OF PLATS, PAGE 34, IN LAKE COUNTY, ILLINOIS.
P.I.N.: 16-31-202-006
Commonly known as: 770 Castlewood Lane, Deerfield, Illinois
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Kenneth M. Bloom and Alisa C. K. Bloom (collectively, "Owners') are
the record title owners of the property commonly known as 770 Castlewood 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;, and
WHEREAS, Ordinance No. 0-19-39, adopted by the Village Board on December 2,
2019 ("Ordinance's, grants to the Owners a modification from Section of 2.04-H.3(a) of the
"Village of Deerfield Zoning Ordinance 1978," as amended, to permit the installation of a
fence on the Property five foot, six inches in height ("Proposed Fence'); 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, has considered the possibility
of the revocation provided for in the Ordinance, and agrees 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 a 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]
Dated: 2019.
ATTEST:
By:
ATTEST:
By:
#71694958_vl
KENNETH M. BLOOM
ALISA C. K. BLOOM