R-18-15VILLAGE OF DEERFIELD
RESOLUTION NO. R-18-15
A RESOLUTION GRANTING A VARIATION FROM SECTION 6-47(e) OF "THE
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD FOR A SWIMMING POOL
(1463 Northwoods Drive)
WHEREAS, Shivani Desai and Marvin Mendez (collectively, the "Owner's own the
property commonly known as 1463 Northwoods Drive, Deerfield, Illinois, and legally
described in Exhibit A attached hereto and incorporated herein ("Property'); and
WHEREAS, Section 6-47(e) of "The Municipal Code of the Village of Deerfield,
Illinois, 1975," as amended ("Village Code') provides, among other things, that swimming
pools must be located at least 10 feet from a principal structure ("Distance Requirement';
and
WHEREAS, the Owner desires to install a swimming pool on the Property
("Proposed Swimming Pool's within 10 feet of the principal structure on the Property; and
WHEREAS, Section 6-47(e) provides that the Village Board may vary the Distance
Requirement in cases of unusual hardship occasioned by the peculiar size, shape, or
topographical condition of a lot; and
WHEREAS, the Owner has submitted a request to the Village Board to grant a
variation from the Distance Requirement to permit the Owner to install the Proposed
Swimming Pool within 10 feet of the principal structure on the Property; and
WHEREAS, pursuant to Section 6-47(e) of the Village Code, the Village Board has
determined that the size, shape, and topographical condition of the Property creates an
unusual hardship, thereby warranting a variation from the Distance Requirement to allow
for the installation of the Proposed Swimming Pool; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant a variation from the Distance Requirement for the Property,
subject to the conditions, restrictions, and provisions of this Resolution;
NOW, THEREFORE, BE IT RESOLVED 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 Resolution as the findings of the Village Board.
SECTION TWO: GRANT OF VARIATION. Subject to, and contingent upon, the
conditions, restrictions, and provisions set forth in Section Three of this Resolution, and
pursuant to Section 6-47(e) of the Village Code and the home rule powers of the Village, the
Village Board hereby grants a variation from the Distance Requirement to permit the Owner
to install the Proposed Swimming Pool on the Property.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Village Code, the Zoning
Code or any other rights the Owner may have, the approval granted in Section Two of this
Resolution is hereby expressly subject to and contingent upon the construction, use,
operation, and maintenance of the Property in compliance with each and all of the following
conditions:
A. Compliance with Regulations. Except to the extent specifically provided
otherwise in this Resolution, the installation, use, operation, and maintenance
of the Property and the Proposed Swimming Pool 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 Swimming Pool shall be in strict compliance with the Site Plans,
consisting of two sheet, a copy of which are attached to and, by this reference,
made a part of this Resolution as Exhibit B.
SECTION FOUR: RECORDATION: BINDING EFFECT. A copy of this
Resolution will be recorded against the Property with the Lake County Recorder of Deeds.
This Resolution and the privileges, obligations, and provisions contained herein inure solely
to the benefit of, and be binding upon, the Owner and each of its heirs, representatives,
successors, and assigns.
SECTION FIVE: EFFECTIVE DATE.
A. This Resolution 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. The filing by the Owner 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 Resolution, to
accept and abide by each and all of the terms, conditions, and
limitations set forth in this Resolution and to indemnify the Village for
any claims that may arise in connection with the approval of this
Resolution and the Proposed Swimming Pool; and
3. Recordation of this Resolution, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Lake County Recorder of Deeds.
B. In the event that the Owner does not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 5.A.3 of this
Resolution, within 30 days after the date of final passage of this Resolution by
the Village Board, the Village Board will have the right, in its sole discretion,
to declare this Resolution null and void and of no force or effect.
2
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
PASSED: August 20, 2018
APPROVED: August 21, 2018
RESOLUTION NO. R-18-15
Harriet Rosent al, Mayor
ATTEST:
Bent S. Stre t, Village C krk
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE NORTH ONE-THIRD OF LOT 5 IN MCGUIRE AND ORR'S NORTHWOODS, BEING
A SUBDIVISION OF THE NORTH EAST QUARTER OF SECTION 29, TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF, RECORDED AUGUST 31, 1923, AS DOCUMENT 228978, IN BOOK
"M" OF PLATS, PAGE 5, IN LAKE COUNTY, ILLINOIS.
P.I.N. 16-29-203-066
Commonly known as: 1463 Northwoods Drive, Deerfield, Illinois
EXHIBIT B
SITE PLANS
S 10�
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village's:
WHEREAS, Shivani Desai and Marvin Mendez (collectively, the "Owner's own the
property commonly known as 1463 Northwoods Drive, Deerfield, Illinois, and legally
described in Exhibit A attached hereto and incorporated herein ('Property'); and
WHEREAS, Resolution No." -_S. adopted by the Village Board on
2018 ("Resolution's, grants a variation to the Owner from the distance requiremen s set
forth in Section 6-47(e) of "The Municipal Code of the Village of Deerfield, Illinois, 1975," as
amended, to permit the installation of a swimming pool on the Property within 10 feet of the
principal structure ("Distance Requirement'); and
WHEREAS, Section 5.A.3 of the Resolution provides, among other things, that the
Resolution will be of no force or effect unless and until the Owner has filed, within 30 days
following the passage of the Resolution, its unconditional agreement and consent to accept
and abide by each and all of the terms, conditions, and limitations set forth in the Resolution;
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to, accepts, consents to, and will
abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Resolution.
2. The Owner acknowledges that all required procedures have been properly
given and held with respect to the adoption of the Resolution.
3. The Owner acknowledges and agrees 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 Resolution, and that the Village's issuance of a
variation will not, in any way, be deemed to insure the Owner against damage or injury of
any kind and at any time.
4. The Owner hereby agrees 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
Resolution granting the variation and the installation, operation, and use of the swimming
pool.
[SIGNATURE PAGE FOLLOWS]
Dated: ` ( 2018.
ATTEST:
ATTEST:
SHIVANI DESAI
By:
MARVIN MENDEZ
By: By:
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE NORTH ONE-THIRD OF LOT 5 IN MCGUIRE AND ORR'S NORTHWOODS, BEING
A SUBDIVISION OF THE NORTH EAST QUARTER OF SECTION 29, TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF, RECORDED AUGUST 31, 1923, AS DOCUMENT 228978, IN BOOK
"M" OF PLATS, PAGE 5, IN LAKE COUNTY, ILLINOIS.
P.I.N. 16-29-203-066
Commonly known as: 1463 Northwoods Drive, Deerfield, Illinois
$59604768_vl