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O-21-14VILLAGE OF DEERFIELD ORDINANCE NO. 0-21-14 AN ORDINANCE GRANTING A VARIATION FROM SECTION 12.03-C OF THE "DEERFIELD ZONING ORDINANCE 1978." AS AMENDED (1256 Rosewood Avenue) WHEREAS, Jonathan and Dina Strouse (together, the "Owners' are the record title owners of the property commonly known as 1256 Rosewood Avenue, 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-1 Single -Family Residence Planned Residential Development District of the Village ("RI PRD District'; and WHEREAS, the Property is improved with a single-family residence; and WHEREAS, when the Owners acquired the Property, it was improved with a detached accessory structure containing approximately 120 square feet of area ("Razed Shed'); and WHEREAS, the Razed Shed was non -conforming in that it was located 3.5 feet from the western lot line of the Property; and WHEREAS, pursuant to Sections 12.03-C and 4.01-F,3,f,(2) of the Deerfield Zoning Ordinance 1978," as amended ("Zoning Code', accessory structures in the R1 RPD District may not be located less than ten feet from any lot line; and WHEREAS, the Owners previously demolished and removed the Razed Shed from the Property due to its age and deteriorated condition; and WHEREAS, the Owners desire to replace the Razed Shed with a new detached accessory structure containing approximately 88 square feet of area and to be constructed upon an existing concrete pad located in the same general location as the Razed Shed ("Proposed Shed'; and WHEREAS, the Proposed Shed would be constructed within 3.5 feet from the western lot line of the Property, in violation of Sections 12.03-C and 4.01-F,3,f,(2) of the Zoning Code; and WHEREAS, pursuant to Section 10.01-A of the Zoning Code, no nonconforming structure may be restored or reconstructed if damaged or destroyed if the cost of reconstruction or restoration will exceed fifty percent of the replacement cost of the entire structure; and WHEREAS, in order to permit the installation of the Proposed Shed on the Property, the Owners have filed an application for a variation from 12.03-C of the Zoning Code to allow 100119900.21 them to construct the Proposed Shed approximately 3.5 feet from the western 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 February 4, 2021, and held on March 2, 2021; and WHEREAS, on March 2, 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; 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 12.03-C of the Zoning Code to permit the installation of the Proposed Shed. 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 Shed shall be in strict compliance with plans prepared by Owners, consisting of 12 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. 100119900.21 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. 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 R1 PRD 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; Publication in pamphlet form in the manner required by law; 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 100119900.21 3 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. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: April 19, 2021 APPROVED: April 20, 2021 ORDINANCE NO. 0-21-14 Harriet Rosenthal, Mayor ATTEST: Kent S. S reet, Village C erk {00119900.2} 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 5 IN CHESTERFIELD'S LAUREL HILL UNIT 9 PHASE ONE. BEING A RESUBDIVISION OF LOT 5 [EXCEPT THE EAST 150 FEET AND EXCEPT THE NORTH 30 FEET THEREOF. LOT 6 [EXCEPT THE EAST 135 FEET AND EXCEPT THE SOUTH 40 FEET THEREOF]. LOT 36 [EXCEPT THE NORTH 30 FEET OF THE EAST 30 FEET THEREOF] AND ALL OF LOT 35 IN J.S.HOVELAND'S 1ST ADDITION TO DEERFIELD BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 7, 1924 AS DOCUMENT NUMBER 248380 IN BOOK `N' OF PLATS PAGE 56, IN LAKE COUNTY ILLINOIS. PIN: INSERT PIN Commonly known as: 1256 Rosewood Avenue, Deerfield, Illinois {00119900.21 ID1:4:II:]w0:? PLANS {00119900.2} 10 1 I r I .00.0--aWn '0 AWN.p -I --toenv r '0 vd, 10, ma, Isla, 62* eq j, Jonathan & Dina Strouse 1256 Rosewood Ave. Deerfield, IL 60015 Phone: (312) 953-3560 (847) 284-9609 Email: FENCE REPLACEMENT: ($6X8:98} ($5,330.00) ➢ Replace 63 ft. of 6 ft. high Milled (white cedar) Stockade Fence along west property line... $1, 660.00 ➢ Replace 90 ft. of 6 ft. high Milled (white cedar) Stockade Fence along north (back) property line...$2,155.00 ➢ Replace 65 ft. of 6 ft. high Milled (white cedar) Stockade Fence along east property line ... $1,690.00 • lx3x6 pickets, 2x3x8 rails, round pencil top posts ➢ Take down and haul away 63 ft. of existing wood fencing along west side ... $190.00 ➢ Take down and haul away 90 ft. of existing wood fencing along north side...$270.00 ➢ Take down and haul away 65 ft. of existing wood fencing along east side ... $195.00 * Highlighted Total Reflects Discount #'Both farts Done At Same Time -age i of 2 TUFFSHER Web Quote Number #: 2035054 Created: Dec 14, 2020 9:25:34 AM �:1 - Customer Information Shipping Information JONATHAN STROUSE JONATHAN STROUSE 1256 ROSEWOOD AVE 1256 ROSEWOOD AVE DEERFIELD , IL 60015 DEERFIELD , IL 60015 jstrouse@harrisonheld.com Description Qty List Price Discount Ext Net Price TR-700 8 x 11 1/Ea $2559.00 $200.00 $2359.00 Upgrade - 3' x 62" Double Shed Door (6) 1/Ea $355.00 $0.00 $355.00 Credit for Removal of Default Door 1/Ea $-200.00 $0.00 $-200.00 Transom Window (16"x8") 4/Ea $60.00 $0.00 $240.00 Paint - Hat Box Brown 265/Ea $0.00 $0.00 $0.00 Paint - Delicate White 1/Ea $0.00 $O.OD $0.00 PAINT TR-700, TR-800 8' WIDE i/Ea S235.00 $0.00 $235.00 Paint discount, customer to apply 2nd coat. Tuff Shed 1/Ea $-94.00 $0.00 $-94.00 supplies paint, roller & brush Charcoal Lifetime 105/Sq $0.00 $0.00 $0.00 Ft Lifetime Shingle Upgrade 105/Sq $1.00 $0.00 $i 05.00 Ft Ice and Water Shield 105/1-in $1.25 $0.00 $131.25 Ft Radiant Barrier Roof Decking 105/Sq $1.00 $0.00 $105.00 Ft 3/4" Treated Floor Decking Upgrade 88/Sq $1.00 $0.00 $88.00 Ft Shed Anchor to Concrete - A24 & Wegde Anchor 4/Ea $25.00 $0.00 $100.00 16"x8" Wall Vent - White 2/Ea $21.00 $0.00 $42.00 Leveling 0"-4" 1/Ea $0.00 $0.00 $0.00 Delivery Fee 1/Ea $0.00 $0.00 $0.00 List Price $3666,25 USt7 Tuff Shed Inc. 1777 S Harrison St Denver, CO 80210 1 1-888 TUFF SHED (883-3743) 1 Page 1 of 2 Description Qty List Price Discount Ext Net Price Discount $200.00 USD Subtotal $3486.25 USD Pricing for this quote is based on the delivery zip: 60015 Prices shown in the online Design and Price process are subject to change without notice, do not reflect custom quote selections or any local taxes, and will be verified at time of order. Online customers selecting the Buy iVow option will have appropriate local taxes added to their order. in the case of a pricing discrepancy, the market-specifrc prices shown in the Home Depot point -of -sale system take precedent. While Tuff Shed makes every effort to ensure correct information is Included in the online Design and Price process, Tuff Shed is not responsible for technical malfunction of any telephone network, telephone or data lines, computer online systems, servers, Internet providers, computer equipment, or software that may result in a pricing error or other discrepancy with the online Design and Price process. Delivery of Tuff Shed buildings purchased at The Home Depot is free within 30 miles of Aj the Home Depot store where product is purchased or B the nearest Home Depot store that offers Tuff Shed buildings in the case of an online purchase. For installation sites beyond the 30 mile radius a delivery charge of $2 permile for anyone -way miles will apply. Additional delivery charges and/or sales taxes may apply for out of state customers. Building price is based on level lot and does not include any engineering fees or building permits unless otherwise indicated on order. Customer is responsible for site preparation. Engineered plans may be required for permit application, and are not included in above prices. Engineering charges are relative to style and size of building, Cancelled orders are subject to a restocking fee. This saved quote includes any applicable promotional discounts, which have limitations and expiration dates. The price quoted is valid through the expiration date of the promotion. Once an order has been placed, pricing is guaranteed for up to 12 months. if the installation is not completed within 12 months for any reason, Tuff Shed has the right to modify the order pricing. You will be noted regarding any price adjustment prior to installation or incurring any additional charges. Tuff Shed Inc. 1777 S Harrison St Denver, CO 80210 1 1-888 TUFF SHED (883-3743) 1 Page 2 of 2 12/21 /2020 Property Tax Assessment Information by PIN Lake County, Illinois Property Tax Assessment Information by PIN Pin: Street Address: W. Zlp Code: Land Amount: Building Amount: Total Amount Township: Assessment Date: Property Address 16-32-305-025 1256 ROSEWOOD AVE DEERFIELD 60015 $61,409 $122,493 $183,9D2 West Deerfield 2018 Property Characteristics Neighborhood Number: Neighborhood Name: Property Class: Class Description: Total Land Square Footage: House Type Code: Structure Type / Stories: Exterior Cover: Multiple Buildings (Y/N): Year Built / Effective Age: Condition: Quality Grade: Above Ground Living Area (Square Feet): Lower Level Area (Square Feet): Finished Lower Level (Square Feet): Basement Area (Square Feet): Finished Basement Area (Square Feet): Number of Full Bathrooms: Number of Half Bathrooms: Fireplaces: Garage Attached 1 Detached I Carport_ Garage Attached / Detached 1 Carport Area: Deck / Patios: Deck / Patios Area: Porches Open / Enclosed: Porches open / Enclosed Area: Pool: Click here fc>r a Glossary cf these kerms_ Click on the image or sketch to the left to view and print them at full size. The sketch will have a legend. Property Sales History 1732250 LAUREL HILL SOUTH-1 104 Residential Improved 0 62 2.0 Brick N 1975/1975 Average Good 2470 949 0 2 1 1 1/0/0 484/0/0 DID DID 0/0 010 0 Date of Sale Sale Amount Sales Validation Compulsory Sale 11 /3/2003 $582,500 Qualified 1/2 12/21/2020 Property Tax Assessment Information by PIN Changes made to the sketch drawings are uploaded to the website every two weeks. The property characteristics appearing on this page show any changes made by an assessor the following day. Please note that the characteristic information shown above is only a summary of information extracted from the Township Assessor's property records. For more detailed and complete characteristic information please contact your local township assessor. Likewise, any errorslomissionsidiscrepancies should be discussed with the appropriate township office. https://apps03.lakecountyil.gov/comparables/PTAIPIN.aspx 2/2 12/21/2020 Lake County, IL Property Tax Information Searched for: Parcel ID 1632305025 Owner STROUSE AsmtYear 2002-2021 Include inactive accounts No Results 7 - 2 of 2 LParcel ID ' Owner Address 1632305025 STROUSE, DINA S 1256 ROSEWOOD AVE 1632305025 STROUSE, JONATHAN E 1256 ROSEWOOD AVE https://tax.lakecountyil.gov/Search/PrintSearch.aspx?type=REALPROP&slndex=4 1/1 �o =c n m PWrView Ave m 'a' ?� m N C fA z zm p zo a U1 a z a �li 20 n® O ZI N� Z55 BC wi v P M d n m C) N c �e 1632305026 0 3 w E CDf; & PRIMARY SURVEY .LTD. 4313 N. NEW ENGLA.ND HARWOOD HTS. ILLINDIS. 60706 s Land Surve_yirm [7081 867-1770 LOT S IN CHESTERFIELD'S LAUREL HILL LNIT 9 PHASE ONE, BEING A RESUBDIVISION OF LOT 5 [EXCEPT THE EAST 150 FEET AND EXCEPT THE NORTH 30 FEET THEREOF[, LOT 6 [EXCEPT THE EAST 135 FEET AND EXCEPT THE SOUTH 40 FEET THEREOF]. LOT 36 [EXCEPT THE NORTH 30 FEET OF THE EAST 30 FEET THEREOF] AND ALL OF LOT 35 IN J. S. HOVELAN 1ST ADDITION TO DEERFIELD TO DEERFIELD, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 SECTION 32. TOWNSHIP 43 NORTH, RANGE t2 EAST. OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY. ILLINOIS W-d Fence 90.19' ` 10' EISE+ENT Fmo.:-r 1 J I pod T //�� _ oero L0� \' i n I, I ed `/ �-.� N ''•�/$Tr .fit/ 114441y�T.�YY1�1 / _ ELDG. r�bo mnt/ eleva . if s [ I ,l e- Or �.•.vey � � i f e.Ft,vitl ®� rn 90,10' NOTE; FENCES SHOWN HEREON MEANDER ALONG LOT LINES Aue. Scellno From Reproductlon not r®commened ❑lctoncee ore marked to Fe at end doctmol ports thoreof LINE COMPARE ALL PO I Nl'S BEFORE BUILDING , o.' """."""' BY SAME AND AT ONCE REPORT ANY .yyilJ<DQ�"tate of I111nots] ss DIFFERENCE. FOR BUILDING LINE AND>'.-4.................'7 ty of Caon } OTHER RESTRICTIONS NOT SHOWN HERN ' ; Y'•. REFER TO YOUR ABSTRACT, DEED, CONTRACT AND ZONING ORDINANCE. t �: 8 PRIMARY SURVEY LTD. hersbL Order No. 991-5342 V�pOur�t ¢rtSFlee that a aurvat� hoa beer y1APt�Np\S pq et and under our dtrectlon • E a properLyy dasorlbed obove Ordered by; LL6 ixa ". ?�pi thet the plo! herson drown t'FnLmLion OFSurveyad bW' Kevin P, Duffu Arm"&cold curveyL. D.D.F. &28f2 IL. P.L.S. a3228 CHICAGO OcLo6er 29. A.D. 2003 EXPIRES 11/30/04 Qo'�Ytlgk­ ORIGINAL SURVEY WITH RAISED SEAL by;AND RED COLOUR SEAL ONLYIL, PROF ESSlOt UL LAND 1322I EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Jonathan and Dina Strouse (collectively, the "Owners') are the record title owners of the property commonly known as 1256 Rosewood Avenue, 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. 0-21-14 , adopted by the Village Board on April 19 2021 ("Ordinance'), grants a variation from the "Village of Deerfield Zoning Ordinance 1978," as amended, to permit the construction of a detached accessory structure 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] (00119900.2) Dated: A11 (P2021. ATTEST: JONA I NATROUSE By: ATTEST: DI By: {00119900.2}