O-23-26VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
I IIIIII IIIIII III IIIII IIIII IIIII IIII IIII IIIII IIIII II IIIII IIII IIIII IIII III
Image# 063883230010 Type: ORD
Recorded: 05/03/2024 at 02:54:15 PM
Receipt#: 2024-00018478
Page 1 of 10
Fees: $50.00
Lake County IL
Anthony Vega Lake County Clerk
File8032634
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 0-23-26 An Ordinance Granting a Modification from Section
2.04-1-1.3 of "the Deerfield Zoning Ordinance 1978," as
Amended (1223 Crabtree Lane)
Dated this May 1, 2024.
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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. 0-23-26
AN ORDINANCE GRANTING A MODIFICATION FROM SECTION 2.04-H.3 OF
"THE DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED
(1223 Crabtree Lane)
WHEREAS, Lauren White and Eric White (collectively, "Owners") are the record
title owners of the property commonly known as 1223 Crabtree 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 of the
Village ("R-3 District's; and
WHEREAS, the Property is improved with a single-family residence; and
WHEREAS, the Owners desire to install a four -foot tall fence in the front yard of the
Property ("Proposed Fence"); and
WHEREAS, pursuant to Section 2.04-H.3 of the of the "Deerfield Zoning Ordinance
1978," as amended ("Zoning Ordinance"), no fence shall be erected or maintained in a front
yard of any lot adjoining a public street in any district to a height greater than three feet
("Fence Height Limit'); and
WHEREAS, the Proposed Fence would exceed the Fence Height Limit, in violation of
Section 2.04-H.3 of the Zoning Ordinance; and
WHEREAS, to permit the installation of the Proposed Fence on the Property, the
Owners have filed an application for a Modification from Section 2.04-11.3 of the Zoning
Ordinance to allow them to construct the Proposed Fence exceeding the Fence Height Limit
("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 June 6. 2023, and held on July 18, 2023; and
WHEREAS, on July 18, 2023, the BZA recommended approval of the Requested
Modification by a vote of 6-0, in accordance with Section 13.07-E of the Zoning Ordinance;
and
WHEREAS, the Village Board has determined that the Requested Modification meets
the required standards for modifications set forth in Section 13.07 of the Zoning Ordinance;
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, subject to the conditions,
restrictions, and provisions of this Ordinance;
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4891-7120-2941, v. 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 MODIFICATION. 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 Ordinance and the home rule
powers of the Village, the Village Board hereby grants the Requested Modification from
Section 2.04-H.3 of the Zoning Ordinance 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 Ordinance 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 installation, use, and
maintenance of the 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 installation, use, and maintenance of the
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 installation, use, and maintenance of the
Proposed Fence shall be in strict compliance with plans prepared by Owner ,
consisting of 1 sheet, 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.
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4891-7120-2941, v. 1
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 Ordinance,
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 Ordinance 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:
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.
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4891-7120-2941, v. 1
AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: September 5, 2023
APPROVED: September 5, 2023
ORDINANCE NO. 0-23-26
Daniel Shapiro, Mayor
ATTEST
I
Kent S.: treet, Village dlerk
4
4891-7120-2941, v. 1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 8 (EXCEPT THE SOUTH 148 FEET AS MEASURED ALONG THE EAST LINE
THEREOF) IN BLOCK 1 IN THORN HILL FARM ESTATES, BEING A SUBDIVISION IN
THE NORTHWEST'/4 OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 1, 1948 AS DOCUMENT 675980, IN BOOK 31 OF PLATS, PAGE 94, IN LAKE
COUNTY, ILLINOIS.
PIN: 16-29-110-050-0000
Commonly known as: 1223 Crabtree Lane, Deerfield, Illinois
1
4891-7120-2941, v. 1
EXHIBIT B
PLANS
4891-7120-2941, v. 1
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Lauren White and Eric White (collectively, "Owners") are the record
title owners of the property commonly known as 1223 Crabtree Lane, 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. 0-23-26 ; adopted by the Village Board on Sept. 5,
2023 ("Zoning Ordinance', grants a Modification from the "Village of Deerfield Zoning
Ordinance 1978," as amended, to increase the allowable height of a front vard fence from
three feet to four feet to permit the installation of a fence on the Property ("Modification');
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 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.
[SIGNATURE PAGE FOLLOWS)
d891-7120-2941. v. 1
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Dated:-(.�t,�2023.
A
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B
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I AUREN WHITE
ERIC WHITE
4891-7120-2941.v