O-21-42c
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Image# 061623370016 Type: ORD
Recorded: 12/08/2021 at 11:10:04 AM
Receipt#: 2021-00102453
Pape 1 of 16
Fees: $50.00
Lake County IL Recorder
VILLAGE OF DEERFIELD Mary Ellen vanderventer Recorder
File7852262
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
) SS
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 0-2142
Dated this November 4, 2021
Granting a Variation from Section 4.02-F.3.e of the
"Deerfield Zoning Ordinance 1978," as Amended
L J-;L L
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. 0-21-42
AN ORDINANCE GRANTING A VARIATION FROM SECTION 4.02-F.3.e OF
"THE DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED
(205 River Road)
WHEREAS, Christopher and Michelle Condon (collectively, "Owners") are the record
title owners of the property commonly known as 205 River Road, 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-2 Single -Family Residence District of the
Village ("R-2 District's; and
WHEREAS, the Property is improved with a single-family residence ("Residence');
and
WHEREAS, the Owners desire to construct an addition to the Residence on the
Property to add a one-story screened porch ("Proposed Addition"); and
WHEREAS, pursuant to Section 4.02-F.3.e of the of the "Deerfield Zoning Ordinance
1978," as amended ("Zoning Ordinance'j, properties in the R-2 District are required to
have a minimum rear yard setback of 40 feet ("Required Rear Yard"); and
WHEREAS, the Proposed Addition would encroach into the Required Rear Yard,
reducing the setback to approximately 31 feet in violation of Section 4.02-F.3.e of the Zoning
Ordinance; and
WHEREAS, in order to permit the construction of the Proposed Addition on the
Property, the Owners have filed an application for a variation from Article 4.02-F.3.e of the
Zoning Code to allow them to construct the Proposed Addition approximately 31 feet from
the rear lot line of the Property ("Requested Variation"); and
WHEREAS, a public hearing of the Board of Zoning Appeals of the Village of
Deerfield (`BZA') to consider the approval of the Requested Variation was duly advertised
in the Deerfield Review on August 26, 2021, and held on September 21, 2021; and
WHEREAS, on September 21, 2021, the BZA recommend approval of the Requested
Variation by a vote of 4-0, 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;
{00123065.1}
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 4.02-F.3.e
of the Zoning Code to permit the construction of the Proposed Addition.
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 Shed 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 Shed 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 Addition shall be in strict compliance with plans prepared by
the Owner , consisting of 7 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.
{00123065.1} 2
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 R-2 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:
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]
{00123065.1) 3
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: November 1, 2021
APPROVED: November 2, 2021
ORDINANCE NO. 0-21-42
Dani-ef C. Shapiro, Mayor
ATTEST:
Kent S. Streit, Village Clerk
{00123065.1} 4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 3 IN BRIARWOOD VISTA FOURTH ADDITION, BEING A RESUBDIVISION OF LOT
"A" IN BRIAR.WOOD VISTA THIRD ADDITION BEING A SUBDIVISION IN SECTION 34,
TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE 3RD P.M., ACCORDING TO THE PLAT
OF BRIARWOOD VISTA FOURTH ADDITION, RECORDED MAY 10, 1968, AS
DOCUMENT 1377767, BOOK 44 OF PLATS, PAGE 62, IN LAKE COUNTY ILLINOIS.
PIN: 16-34-306-003
Commonly known as: 205 River Road, Deerfield, Illinois
{00123065.1}
EXHIBIT B
PLANS
{00123065.1}
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VERIFY SCALE
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Survey ordered by. Soots Niermen, Attorney at Law � 4
state of I111nols)
County of Du Page) moped the above
Michael I. Emmert Surveys, Inc, does hereby certify that we haves ID shown hereon is
described property and prepared the plat hereon drawn The Iegal dssurl
provided by others. Refer to dad or title policy for building setbacks+ casements
restdcdiaas which may exist. Dimensions not noted hereon shill not bo n by Bother or other or
This professional
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service conforms to the current Illinois Minimum standards for ■ sO�'
Date of bald survey: October 18, 2013
of It.
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Dated this Mth. day of r� r rr, 2
MICHAEL
Professional Illinois sad 3u �sident
rveyor Ns. 2499'
O; J. EMMERT
�. No, 2499
License expires on November 30, 2014
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Christopher and Michelle Condon (collectively, "Owners") are the record
title owners of the property commonly known as 205 River Road, Deerfield, Illinois, and
legally described in Exhibit A attached to and, by this reference, made a part of this
Ordinance ("Property"); and
WHEREAS, Ordinance No. 0-21-42 , adopted by the Village Board on Nov. 1
2021 ("Ordinance'), grants a variation from the "Village of Deerfield Zoning Ordinance
1978," as amended, to reduce the required rear setback from 40 feet to approximately 31 feet
to permit the construction of one-story screened porch on residence on the Property
("Variation'); 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]
{00123065.1)
Dated:J�,LU� , 2021.
ATTEST:
11a
BY: —_ ..
ATTEST:
CH , OPHYR CONDON
MICHELLE CONDON
{00123065.11