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O-21-29Image# 061426840009 Type: ORD Recorded: 10/20/2021 at 12:55:30 PM Receipt#: 2021-00089399 Pape 1 of 9 Fees: $50.00 VILLAGE OF DEERFIELD Lake County IL Recorder Mary Ellen Vanderventer Recorder File7836265 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: legal description of the property and the unconditional agreement and consent concerning Ordinance No. 0-21-29 (330 Pine Street) Dated this August 31st. 2021 r S -E A -L -AAA-) ANDREW S. LICHTERMAN 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. 0-21-29 AN ORDINANCE GRANTING A VARIATION FROM SECTION 4.03-F.3.b OF THE "DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED (330 Pine Street) WHEREAS, Jon and Susan Gutstein (collectively, "Owners") are the record title owners of the property commonly known as 330 Pine Street, 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 (`B-3 District'; and WHEREAS, the Property is improved with a single-family residence with an existing single -car, attached garage; and WHEREAS, the Owners desire to construct an addition to the existing garage on the Property to add an additional vehicle bay, providing for a two -car garage ("Proposed Addition"); and WHEREAS, pursuant to Section 4.03-F.3.b of the of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', properties in the R-3 District are required to have a minimum side yard setback of eight feet ("Required Side Yard"); and WHEREAS, the Proposed Addition would encroach into the Required Side Yard setback, reducing the setback to 6.083 feet in violation of Section 4.03-F.3.b 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 4.03-F,3,b of the Zoning Code to allow them to construct the Proposed Addition approximately 6.083 feet from the southern 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 May 20, 2021, and held on June 15, 2021; and WHEREAS, on June 15, 2021, the BZA 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; 100121513.2) NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILhINOIS, 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.b 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 Airoom , consisting of 8 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. {00121513.2} 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-3 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] {00121513.2) 3 AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: August 16, 2021 APPROVED: August 17, 2021 ORDINANCE NO. 0-21-29 AT tE- K"t�Street, age Cl-rk s` 1jf S�s�er •i y� ' Daniel C. Shapiro, Mayor (00121513.2) 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 64 IN THIRD ADDITION TO DEERFIELD PARK, UNIT NO. 1, BEING A SUBDIVISION IN THE WEST % OF THE S.E.1/ OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED DECEMBER 22, 1958 AS DOCUMENT 1015141, IN BOOK 34 OF PLATS, PAGE 96, IN LAKE COUNTY, ILLINOIS. PIN: 16-32-401-019 Commonly known as: 330 Pine Street, Deerfield, Illinois {00121513.2} EXHIBIT B PLANS {00121513.2} ARCHITECTS • BUILDERS • REMODELERS SINCE 1958 These Raps, a par[ of the Plans, and the seledon and arrangement thereof are the property ofAi—Amhitecls and drawings, concepts and ideas, fannicontent, Buiders. LLC. Copyright 2021 by Alroom Archilects and Bustlers, LLC of Lincolnwood, IL OUTSTEINRF.510ENCE RESERVED. E . An ALL PoGHTS RESERVED. Any use orthese Rams, or their content, without the pdor written v � sent of Airaem Ar hileGs and Builders, LLC is strictly pmhibted. anwm ArchieCd and guilders, LLC are providing these Plans as prelinvnery diusuanor should u h la conceptual co designsonly and kIn Rana are not Intended it be or should such Plans be CBnStNetl as, final working drawings. Alrcom Architects and Buiders, cts D E R I L D I L LLC rrelras no representation Thal the first plans wi contain al mrrponenls cenYained in These i prHiminary Plans. DESIGNED Aawm MARTY MEAD OW DAVID SHALKOW ARCHITECTS • BUILDERS • REMODELERS FE13RUARY 1-7, 2021 SINCE 1958 idd Plat T Survey Central Survey Company, LLC, 6415 N. Caldwell Ave., Chicago, Illinois 60646-2713 ® Phone (773) 631-5285 www.Centralsurvey.com Fax (773) 775-2071 Legal Description Lot 64 in Third Addition 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 thereof recorded December 22, 1958 as Document 1015141, in Lake County, Illinois Commonly Known as: 330 Pine Street, Deerfield, Illinois Area of Land Described: 9,450 Sq. Ft. Found Iron Pipe @ Corner N. Face Wood Fence Post 0.14' W. & 0.05' N N.W. Face Wood Fence Post 3.29' E. & 0.57' S.E. Face Wood Fence Post 3.37E. & 0.38' S. N. W. Face Wood Fence Post 4.60' S. South line of Hackberry Road N. Face Wood Fence Post 0.21 ' S. Found Iron Pipe @ Con Rec & Meas = 1 N c� T �t V cc M� 1 7 Ft. Utility Easement 3 Ft. Utility Easement Ln N - aa) m r r aEi aEi 4:197 28.57 w w - D Z if Ir Concrete M Un 5to Concrete qq .6 r a e C nIt o ^ Brick Patio f a U 26.24, N (1 2 `° a> Ir U Cleanout � Asphalt 25.43 Drive 26.28' - Shed 90° 16' 50" Rec & Meas = 105.0 / ^1 N. Face Wood Fence Post 0.53' S. S. Face Wood Fence Post 0.21' S.W. Face Wood Fence Post 5.17N. & On Line f ' S. W. Face Wood Fence Post 4.40' E. & 0.79 S. Found Iron Pipe @ Corner S.E. Face Wood Fence Post 0.39' N. & On Legend N. = North S. = South E. = East Decimal/Inch Conversions W. = West 0.01' = 1/8�„ 0.02' = 1 /4" 0.08' = 1" 0.58' = 7" (TYP) Typical 0.03' = 3/8" 0.17' = 2" 0.67' = 8" Rec = Record 0.04' = 1 /2" 0.25' = 3" 0.75' = 9" Meas = Measure 0.05' = 5/8" 0.33' = 4" 0.83' = 10" St. = Street 0.06' = 3/4" 0.42' = 5" 0.92' = 11" Ave. = Avenue 0.07' = 7/8" 0.50' = 6" 1.00' = 12" NOTES: `Property corners were NOT staked per customer. *AutoCad file will not be provided under this contract. 'For building restrictions refer to your abstract, deed, contract, title policy and local ordinances. *Assume no dimension from scaling upon this plat. *Compare all points before building and report any difference at once. Scale: 1 Inch equals 20 Feet. Ordered BY: Airoom Order Number: 330L N. Face Wood Fence Post 0.5J' S. State of Illinois ) ) S.S. County of Cook ) 51 Q 2190 Surveyor State of Illinois., This professional service conforms to current Illinois minimum standards for a boundary survey. Central Survey LLC does hereby certify that an on the ground survey per record description of the land shown hereon was performed on Mar. 1, 2021 and that the map or plat hereon drawn is a correct representation of said survey. When bearings are shown the bearing base is assumed. Dimensions are shown in feet and hundredths and are correct at a temperature of 680 Fahrenheit. Dated this 1 st day of March 2021 William R. Webb P.L.S. #2190 (exp.11/30/2022) Professional Design Firm Land Surveying LLC (#184.005417) These Gans, including all test, drawirf concepts and ideas, a part of Me Gans, and the selection and arrangement thereof are the properly ofA—mArchitects and Buitlers, LLC. Copyrlgh12021 by Alroom Architects and Builders, LLC of Llncdmvood, IL a id.IL G U T T IRE510ENOE heir mers, L without the prior ALL RIGHTS RESERVED. Any usero these Raps, content these consent of Almom Architects and Builders, LLC is sbicly prohibited. Airoom Architects and Buitlers, LLC are providing these Plans as prep minary noa�is.ha'n�pwrdas�nae�yan kinganaam ngs.Atlntanded Arcrobe. DE�RFIELD IL w shcud su h Gans be constmetl as, flrW working tlrawings. Aimom Architects and BUW ers, LLC makes no mpresenialon that the final plans will contain al components contained in these / preliminary Gans. J DESIGNED BY: AIRWM MARTY MEADOYV �l DAVID SF+ALKOIN ARCHITECTS • BUILDERS • REMODELERS FEBRUARY 1-1, 2021 - SINCE 1958 These Plans indupirg all text. drawings. concepts and ideas. forming a part of me Flans, and the selection and arrangement thereof are the properly ofAiroom Amhiteds and Sulders, se Plans, or LLC. Copyright 2021 by Alrpprrl ArchRecis antl Binders, LLC of Linodr wood• IL ALL RIGHTS RESERVED. Any use ar thetheir content• without the prior written sent of Airoem Architects and Builders, LLC is amcny prohibit.. Airoom Achitects and Rulders• LLC are prodding these Plans as preliminary dusirotions of the conceptual designs orgy and audit Plans are not intended to be, or should such Plans be construed as• final —Ming drawings. Aimom Architects and Builders. LLC makes no representation that the final plans "—ten all components contained in these preliminary Plans. -; -7 - I I J J I m I 59/mL 5B/L L 56/L — 513/L e,�r.�",-- go do --u�I p w 5B/L f � na�area GUTSTEIN - FRE51DENCE veeRFieLD, a PROPOSED SITE PLAN DESIGNED BY: W MARTY MEADOW M 1.1 !-1. DAVID SHALKOW ARCHITECTS • BUILDERS • REMODELERS FEBRUARY1-1,2021 SINCE 1958 I w f-, `�` •- ` '4 Fo NEYV WINDOYV_ �� �� WINDOYV ` I OFFFCes Q v dL UNDRY 6 EPLACE WIN _AND DOOR ' I I OO OQ TRY PLLUU_ TROU6,H - -- - H O _ SLAB GUT FOR MBING l[1 FAMILY Fv KITCHEN NO WORK REMOVE HARDWOOD — SAW GUT SLAB FOR NEW PLUMBING PATCH BACK SLAB _ I NEW HARDWOOD — r I 22'-11" GARAG t:�:Yq DOOR Y41TH OPENER ra >u11'_9„Vu I a uu;9t9"you -ubu2-$ - ru �j ° u�w� �LUU-u"U m; u �':: uuuu ��� ' U- DRIVEWAY WORK / u uu NOT INCLUDED v�uu uuu1 u�u- Y ` — uu uN ° m, uuuuuuuuiuuuuuuuu" 'ILLu' -uu'Lu •— I 1 uuuu uuuuuuuuuuuuu u"u °u tf a u" P,uu.;;"u �u�' u a '� lExlsMng lamir,ete I- I L— .— H--NO WORK NO WORK DINING NO WORK NEW 51DEWALK These Rene, indutling at text,ge, concepts and Ideas, Forming a part of GUT5TEIRE51DENCE the Plans, and the sel¢re'on and arrangement thereof are the property ofAiroom Arehimots and Bidders, I. Copyright 021 try Pl' M Alroom Architects and Guiders, LLC of Lincdnwood, IL ALL RIGHTS RESERVED. Any use of these Plane, or heir content, without the prior wrdlen consent of Airoom Ami Reefs and gialtlers, LLC u sell, pmInflo letl. Airoom Architects and guiders, LLC are providing these Plans as prellrrinary nor should of Me conceptual designsa, only and such Hans ere not intended to cls D I I or snake such Planprey nt construed on that the final working drawlrgA Airoom Architects and Bottlers, LLC nekes no representation that he final pans will contain a1 cenponenis cenlalnetl in these preliminary Plana, t LIVING NO WORK m 0 m N H m 0 L ENTRY NO WORK ` m t I NEYV 5TOOP m o � i- n DESIGNED BY: MARTY MEADOW fi DAYID SHALKOW ARCHITECTS - BUILDERS - REMODELERS FEBRUARY 11, 2021 SINCE 1958 10" � ;J W&NYVINDOYV .r' ' d . — -- I OFFIGE� 1 � o m — --1 V-1" n L�IIJNORY w p 1z z - EPLACE WIN 5 AND DOOR Y � Il SLAB CUT FOR PLUMBING TROUGH FAMILY REMOVE HARDWOOD SAW CUT SLAB FOR NEW PLUMBING - T - PATCH BACK SLAB NEW HARDWOOD a a a Usti, Ls,vm � These flans, RESER all . An drawings, concepts and ideas, forming a part of OUTSTEIN 5 I C the P2'. and the selection end arrangement thereof are the property ofAimom Architects enp Buldom, LLC- Copyriglk 2021 by Aimom Amhheeh and Buldere, LLC of Lk dnwood, IL I StFloor _ ALL RIGHTS RESERVED. Any use of these Rare, or tlreir content, without the prior written nsenl of Airoom Architects and Bultlers. LLC is stricMy Prohibited. Airoom Amhkests and Ruiders, LLC are providing these Plans as prell minary nmtrabonsorshoLidsucof hemnooptual becoastmedans o�yand e�hRaneam ngs.AnomArtlto e. DEERFIELD IL nor 5hOL1tl such gems be CanstNetl es, final working drewings Aimam Architects and BWtlers, LLC makes no representation that the final plans will contain all components mnfaired in these preliminary Plans- MQIlAN1' At as- PROP05ED FIRST FLOOR PLAN DESIGNED BY: W 4 RW�. MARTY MEADO 0M.. DAYID SHALKOW ARCHITECTS • BUILDERS • REMODELERS FEBRUARY11,2021 SINCE 1958 EXTERIOR FRONT ELEVATION EXTERIOR BACK ELEVATION These Rana, including all text. drawings, concepts and heir c forming it part of GUT!5TEINR 5 I V N C dre Ram, and the selection and arrangement thereof are the property ofAiroom Architects and Buldem, LLC. Copyright 2021 by Almom Architects and Buiders, LLC of Lincolnwood, IL. ALL RIGHTS RESERVED. Any use of these Nam, or their content, without the prior written � consent of Aimom Architects and Builders, LLC is shiclly prohibited. A'voom Architects and Buiders, LLC are prodding these Plans as prsliminaryliuF nor ah.bm u the conceptual designs s, only and such Nam are not intended to Architects DEER 1 I E L D I L or should such Nens be construed as, final working drawings Airoom Architects and Builders, LLC makes no representation that the final pans will contain al components contained in these 1 prefimimry Plans. PROP05ED EXTERIOR ELEVATION5 1 DESIGNED MARTY MEADD OW DAYID SHALKOW ARCHITECTS • BUILDERS • REMODELERS FEBRUARY 11, 2021 + -SINCE 1958 EXTERIOR LEFT ELEVATION These Rains, including all mid, drawings, concepa, and ideas, baring a part of Me Plans. and the selection and arrangement thereof are the property a ironm Architects and Builders, LLC. Copyright 2021 by Atmom Amhdeots end Builders, LLC of Lincolnwood, IL ALL RIGHTS RESERVED. Any use of these Plans, or their content, vdthoul the prior written sent of Aimcm Anchitecs and Builders, LLC is strictly prohibited. Airoom Architects and guldens. LLC ere providing these Plans as pmlirrinery ivatratrona of the wrimplual designs only and such Plana are not intended to be, nor should such Plans be construed as, Mal working drawings. Almom Amhl[ects and Bulders, LLC makes no representation that the final plans will contain ad conponenls contained In these pne iminary Plans. ■■■■ mum _ 1018 Enos ■ i FRONT PERSPECTIVE VIE BACK PERSPECTIVE VIEW PROP05ED EXTERIOR ELE\/AaTION5 AND PER5PEGTIVE 1/IEYg5 OUT!BTEI RE51DENCE DESIGNED BY: W j4tKwM MARTY MEADO __M_> DAYID SHALKOW DEERFIELD, IL ARCHITECTS •BUILDERS • REMODELERS FEBRUARY1-1,2021 SINCE 195E EXHIBIT C UNCONDITIONAL AGREEMENT ANIZ CONSENT TO: The Village of Deerfield, Illinois ("Village'j: WHEREAS, Jon and Susan Gutstein (together, the "Owners") are the record title owners of the property commonly known as 330 Pine Street, 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. 0-2 i-29 adopted by the Village Board on August 16 2021 ("Ordinance" j, grants a variation from the "Village of Deerfield Zoning Ordinance 1978," as amended, to reduce the required setback from eight feet to 6.083 feet to permit the construction of an addition to an existing single -car, attached garage on the Property ("Variation'; and WHEREAS, Section 7A.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 witb the Village's adoption of the Ordinance granting the Variation. [SIGNATURES ON FOLLOWING PAGE] (00121513.21 Dated: --A-u.-U-Rt —17.--,—. 2021. ATTEST: JON GUTSTEIN By: ATTEST: SUSAN GUTSTEIN By: f00121513.21