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O-19-31VILLAGE OF DEERFIELD ORDINANCE NO. 0-11-31 AN ORDINANCE GRANTING A VARIATION FROM SECTION 4.03-F(3)(d) OF THE "DEERFIELD ZONING ORDINANCE 1978," AS AMENDED_ (800 Cedar Terrace) WHEREAS, Derrick Procell and Meredith Colby (collectively, the "Owners') are the record title owners of the property commonly known as 800 Cedar Terrace, Deerfield, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property'D; and WHEREAS, the Property is located in the R-3 Single -Family Residence District of the Village ("R3 District'; and WHEREAS, the Property is improved with a single-family residence and a detached garage ("Existing Garage'; and WHEREAS, pursuant to section 4.03-F(3)(d) of the Deerfield Zoning Ordinance 1978," as amended ("Zoning Code', a property in the R3 District must have a setback for a reversed corner side yard along the street side of no less than 15 feet, however, an accessory structure may not encroach into an area equal in depth to the required front yard of the adjacent lot to the rear ("Side Yard Setback'; and WHEREAS, pursuant to Section 4.03-F(3)(a) of the Zoning Code, properties in the R3 District are required to have a front yard of no less than 25 feet; and WHEREAS, the Owners desire to replace the Existing Garage with a new garage in the Side Yard Setback and 14 feet from the street side property line, in violation of Section 4.03-F(3)(d) of the Zoning Code ('Proposed Garage'; and WHEREAS, in order to permit the installation of the Proposed Garage on the Property, the Owners have filed an application for a variation from Section 4.03-F(3)(d) of the Zoning Code to allow them to construct the Proposed Garage approximately 14 feet from the street side property line ("Requested Variation'; and WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of Deerfield ("ZBA'D to consider the approval of the Requested Variation was duly advertised in the Deerfield Review on July 25 , 2019, and held on August 20, 2019; and WHEREAS, on August 20, 2019, the ZBA 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 4.03- F(3)(a) of the Zoning Code to permit the installation of the Proposed Garage. 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 Garage 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 Garage 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 Garage shall be in strict compliance with Floor Plan & Building Section prepared by Regency Home Remodeling, consisting of two 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. 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 R3 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: 1. 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 3 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: October 7, 2019 APPROVED: October 8, 2019 ORDINANCE NO. 0-19-31 Harriet Rosenthal, Mayor ATTEST: Kent S. Street, Village Clerk 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 11 IN ELMVIEW SUBDIVISION OF THE SOUTH HALF OF LOT 2 IN THEODORE SCHEURMANN'S ADDITION TO THE DEERFIELD, IN THE SOUTH WEST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 5,1928, AS DOCUMENT 311069, IN BOOK S OF PLATS, PAGE 40, IN LAKE COUNTY, ILLINOIS. P.I.N. 16-29-323-012 Commonly known as: 800 Cedar Terrace EXHIBIT B FLOOR PLAN & BUILDING SECTION I I ��ffi I — e, as$ f Pr °ae w � ss. 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Harriet Rosenthal, Mayor and the Board of Trustees The Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Re: Zoning appeal and passage on first reading Dear Mayor and Trustees, I am writing in regard to your recent consideration of the Board of Zoning Appeals recommendation regarding our property at 800 Cedar Terrace in Deerfield, at the Board of Trustees meeting of September 16, and to request a waiver of the rules and passage of the ordinance on first reading. Our request is for a two -car detached garage, and we hope to have it completed before winter is upon us. Passage of the ordinance on first reading would allow us to begin construction two weeks earlier; a crucial two weeks at this time of year in our area. Thank you for considering this request. Yours truly, r r Derrick Procell 800 Cedar Terrace Deerfield, IL 60015 cc: Clinton Case, Village of Deerfield Community Development