O-21-05�j
VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
Image# 061623340015 Type: ORD
Recorded: 12/08/2021 at 11:10:04 AM
Receipt#: 2021-00102453
Pape 1 of 15
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7852259
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of
Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0-21-05 Granting a Variation From Section 2.03-D.3 of the
"Deerfield Zoning Ordinance 1978," as Amended
(1133 Terrace Court)
Dated this October 26, 2021
ff
DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2021- 0-21-05
AN ORDINANCE GRANTING A VARIATION FROM SECTION 2.03-D.3 OF THE
"DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED
(1133 Terrace Court)
WHEREAS, Daniel Dorfman and Ariel Dorfman (collectively, the "Owners') are the
record title owners of the property commonly known as 1133 Terrace Court, 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 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 2.03-D.3 of the Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Code', detached accessory structures in the R3 District must be
separated from the principal structure on the property by at least ten feet ("Accessory
Structure Separation'; and
WHEREAS, the Owners desire to construct a carport on the east side of the Existing
Garage, creating a detached accessory structure separation of only three feet, in violation of
Section 2.03-D.3 of the Zoning Code ("Proposed Carport'); and
WHEREAS, in order to permit the installation of the Proposed Carport on the
Property, the Owners have filed an application for a variation from Section 2.03-D.3 of the
Zoning Code to allow them to construct the Proposed Carport approximately 3 feet from the
principal structure on the Property ("Requested Variation'); and
WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of
Deerfield ("ZBA') to consider the approval of the Requested Variation was duly advertised
in the Deerfield Review on November 5, 2020, and held on December 1, 2020 and January 5,
2021; and
WHEREAS, on January 5, 2021, 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;
{00119027.11
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 2.03-D.3
of the Zoning Code to permit the installation of the Proposed Carport.
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 Carport 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 Carport 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. Comnliance with Plans. The development, use, and maintenance of the
Proposed Carport shall be in strict compliance with plans and drawings
presented to the BZA and attached to and, by this reference, made a part of
this Ordinance as Exhibit B ("Plans', except for minor changes and site
work approved by the Village's Principal Planner in accordance with applicable
Village codes, ordinances, and standards.
C. No Enclosure. Notwithstanding anything contrary that may be in the Plans,
the Proposed Carport shall not: (i) be enclosed with walls except for the
structural wall that connects the Proposed Carport to the existing garage on
the Property; and (ii) have windows or doors.
D. Reimbursement of Village e 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.
100119027.11
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
(00119027.11 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.
[SIGNATURE PAGE FOLLOWS]
100119027.11 4
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: February 16, 2021
APPROVED: February 17, 2021
ORDINANCE NO. 0-21-05
Harriet Rosenthal, Mayor
ATTEST:
Kent S. Streek, Village Clerk
Y
(00119027.11 5
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 70 IN THE THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3, BEING A
RESUBDIVISION OF LOTS " B" AND "C" IN THE THIRD ADDITION TO DEERFIELD
PARK UNIT NO. 1, BEING A SUBDIVISION IN THE WEST Y2 OF THE SOUTHEAST 1/
OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT OF THIRD ADDITION TO DEERFIELD PARK
UNIT NO. 3, RECORDED MAY 22, 1959, AS DOCUMENT 1031301, IN BOOK 34 OF
PLATS, PAGE 115, IN LAKE COUNTY, ILLINOIS.
P.I.N. 16-32-405-015
Commonly known as: 1133 Terrace Court
{00119027.11
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OUTLINE OF GENERAL CONSTRUCTION:
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PROJECT TO CONSTRUCT A NEW CARPORT ATTACHED TO THE EXIST. FREE STANDING
GARAGE - BOTH DEFINED AS ACCE55ORY STRUCTURES TO THE EXIST. SINGLE FAMILY
RESIDENCE.
THE CARPORT 15 APPROX. 20'x2O'x 15', 15 OPEN ON THREE (3) SIDES AND 15 APPROX.
350 5F UNDER ROOF.
THE POSITION OF THE STRUCTURE 15 APPROX. 3' FROM THE SOUTHWEST CORNER OF
THE HOUSE AND 15 5' AWAY AND PARALLEL TO THE SIDE YARD (SOUTH) PROPERTY LINE.
ALL STRUCTURAL WOOD FRAMING WILL BE CLAD WITH FIBER CEMENT (NON-
COM13U51I5LE) TRIM BOARDS AND)OR PANELS.
THE ROOF LINE WILL BE FLAT IN FRONT OF THE EXIST. GABLE END GARAGE ROOF.
o THERE 15 AN EXISTING CONCRETE PAD ON WHICH THE CARPORT WILL BE CONSTRUCTED.
o G" XG" TREATED WOOD POSTS WILL SUPPORT THE ROOF STRUCTURE. P05TS WILL HAVE A 1 O' DIA. BY 3'-G" DEEP CONCRETE
FOUNDATION PIERS.
o PERIMETER 2X12 FRAMING WILL BE STRUCT. GRADE LUMBER INSTALLED LEVEL WITH INTERIOR 2X8'5 SLOPED TO THE SOUTH GUTTER
AND DOWN51POUT.
o FRAMING AND P05T5 WILL UTILIZE 51MP5ON, GALVANIZED CONNECTORS AND ACCE55ORIE5 PER CODE REQUIRED MFR'5
INSTRUCTIONS.
o ROOF SHEATHING WILL BE 515' CDX ON JOISTS AT I G"O.C. PROVIDING A HORIZONTAL DIAPHRAGM ATTACHED TO THE FRONT
FRAMING OF THE EXIST. GARAGE.
o ROOFING WILL BE 51NGLE-PLY TORCHDOWN WITH WHITE GRANULAR SURFACE IN5TALLE PER MFW5 INSTRUCTIONS.
o THERE WILL BE NO HVAC, PLUMBING OR ELECTRICAL WORK.
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PROFESSIONALS ASSOCIATED SURVEY, INC.
7100 N. TRIPP AVENUE PROFESSIONAL DESION FIRM NO. 194-003023
LINCOLNWOOD, ILLINOIS 60712
www.pmfe99ionalms9aciated.com PLAT OF SURVEY
OF
LOT 70 IN THE THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3, BEING A RESUBDIVISION OF LOTS "B" AND "C" IN THE THIRD ADDITION
NORTH TO DEERFIELD PARK UNIT NO. 1, BEING A SUBDIVISION IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3,
RECORDED MAY 22. 1959, AS DOCUMENT 1031301. IN BOOK 34 OF PLATS, PAGE. 115, IN LAKE COUNTY, ILLINOIS.
LAND TOTAL AREA: 14.227.35 SQ.FT. a 0.326 ACRE.
COMMONLY KNOWN AS: 1133 TERRACE COURT, DEERFIELD, ILLINOIS.
LOT Y
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TEL: (947) 675-3000
FAX: (S47) b75-2167
o-mail: pa(aJpmfesaia0aleaaaociated.com
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THE LEGALDESCRIPIION SHOWN ON THE PLAT HEREON
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DRAWN I9 A COPY OP TIE ORDER, AND FOR ACCURACY
SHOU[D BE COMPARED WITH THB T1TLB OR DBED.
DIMENSIONS ARE NOT TO BE ASSUMED FROM SCALING. I
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BUILDING LINES AND EASEMENTS ARE SHOWN ONLY WHERE
THEY ARE SO RECORDED IN THE MAPS, OTHERWISE REFER TO
YOURDBED OR ABSTRACT.
Order No 13-85784 I
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DeMofField Wml. March 13 2013.
ONmedby. RICHARD L. SCHENCKER
Attorney at Law
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SURVEYOR
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THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT
ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY.
THIS SURVEY HAS BEEN ORDERED FOR SURFACE
DIMENSIONS ONLY NOT FOR ELEVATIONS.
THIS IS NOT AN AL'I'A SURVEY.
COMPARE ALL POINTS BEFORE BURRING BY SAME AND
AT ONCE REPORT ANY DIFFERENCE.
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Couetyo£Cook S.S.
We, PROFESSIONALS ASSOCIATED SURVEY IVC., do hereby
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village's:
WHEREAS, Daniel Dorfman and Ariel Dorfman (collectively, the "Owners' are the
record title owners of the property commonly known as 1133 Terrace Court, Deerfield, Illinois
('Property'); and
WHEREAS, Ordinance No. 0-21-05 , adopted by the Village Board on Feb. 16,
2021 ("Ordinance's, grants a variation from the "Village of Deerfield Zoning Ordinance
1978," as amended, to permit the construction of a carport 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 variation or adoption of the Ordinance, and that the Village's approval of the
variation 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 variation.
[SIGNATURES ON FOLLOWING PAGE]
100119027.11
Dated: February 16 2021. / l
ATTEST
By: --
ATTEST
By:
#70463112_v2
(00119027.11
DANIEL DOAAN4 11
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