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O-19-39VILLAGE OF DEERFIELD ORDINANCE NO. 0-19-39 AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION FROM SECTION 2.04-H.3(a) OF THE "DEERFIELD ZONING ORDINANCE 1978," AS AMENDED (770 Castlewood Lane) WHEREAS, Kenneth M. Bloom and Alisa C. K. Bloom (collectively, "Owners') are the record title owners of the property commonly known as 770 Castlewood Lane, Deerfield, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property's; and WHEREAS, the Property is located in the R-3 Single -Family Residence District; and WHEREAS, the Property is currently improved with a single family home and a fence four feet in height ("Existing Fence'); and WHEREAS, the Owners desire to replace the Existing Fence with a new fence five foot, six inches in height in the front yard ("Proposed Fence'); and WHEREAS, Section 2.04-H.3(a) of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Code'), generally prohibits fences in a front yard of any lot adjoining a public street in any zoning district to be greater than three feet in height ("Height Regulation'); and WHEREAS, in order to permit the installation of the Proposed Fence on the Property, the Owners have filed an application for a modification from Section 2.04-H.3(a) of the Zoning Code ("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 Se )tember 19 , 2019, and held on October 15, 2019; and WHEREAS, on October 15, 2019, the BZA voted four to one to recommend approval of the Requested Modification, in accordance with Section 13.08-F of the Zoning Code; and WHEREAS, the Village Board has determined that the Requested Modification meets the required standards for modification set forth in Section 13.08 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 Modification for the Proposed Fence, 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 MODIFICATION. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, and pursuant to Section 13.08 of the Zoning Code and the home rule powers of the Village, the Village Board hereby grants the Requested Modification from Section 2.04- H.3(a) of the Zoning Code 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 Code or any other rights the Owners may have, the approvals granted in Sections Two of this Ordinance are hereby expressly subject to and contingent upon the construction, use, operation, and maintenance of the Property and 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 development, use, operation, and maintenance of the Property and 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 construction, use, and maintenance of the Proposed Fence shall not exceed five foot, six inches in height and must be in strict compliance with the proposal prepared by Firs Class Fence Co., consisting of two sheets, with a latest revision date of June 10, 2019, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit B, except for minor changes and site work approved by the Village's Code Enforcement Supervisor 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 its 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 Pa 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 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 modifications. 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 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] 3 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: December 2, 2019 APPROVED: December 3, 2019 ORDINANCE NO. 0-19-39 �l w Harriet Ros nthal, Mayor ATTEST V Kent S. treet, Villa e Clerk EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 41 (EXCEPT THE NORTH 10 FEET (AS MEASURED ALONG THE EAST LINE OF SAID LOT) OF THE EAST 25 FEET (AS MEASURED ALONG THE NORTH LINE OF SAID LOT) IN VALENIS CLAVINIA SUBDIVISION UNIT 4, BEING A SUBDIVISION OF PART OF THE EAST %z OF THE NORTHEAST 1/ OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 25, 1967 AS DOCUMENT NUMBER 13527733, IN BOOK 44 OF PLATS, PAGE 34, IN LAKE COUNTY, ILLINOIS. P.I.N.: 16-31-202-006 Commonly known as: 770 Castlewood Lane, Deerfield, Illinois 1 **4 FENCE PROPOSAL 0 W, , FIRSTCLASS FENCE Proposal tee," ­0 casvfvm:�%: Lmertield DJviu Abse 312.!Ww io 6 �13,1 '-"0 SkoloomIk"amed 6. IVOI-n'.14A, -x-e- 047 U. 7 tR,4 Nee iw� Doq Eat Pnvary 7 ft tqt) gate 6 x 6 po!gs...6 Pt togh qqLte 4 x 6 costs Swvl* to hi vt A x 6 pcas Q;r- colt ? er4 wo V.11. 14�44ra IRM FOq 30 (11 Ke tit —4 drO i6lIbIl Rod C&OW T. I ...... To ft*DW SVI grin tww paptr% Kxw B,ku twv I Lowtr io- Svwz I jrn pp 14omm I tAn stirip bv to V4Jip Itu I L- 15 WVk.jo 4Ay6 00 40L I ;.t4p I J t C r orKe w4 bufW JL-,, 4^*-- , )IIMMt W- W01 I-1x- ti�w' 41 r A ane 4S h'pa,t fAAft 6 1 4' Nap r - m-'36 to tit Or*v to av [[a Non a P 01 W." 0440PLIM94P v . .- 1., -1. — Ow ; "r ft" 140 4 FIRSTCLAf-c! FENCE Propos A It EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Kenneth M. Bloom and Alisa C. K. Bloom (collectively, "Owners') are the record title owners of the property commonly known as 770 Castlewood 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;, and WHEREAS, Ordinance No. 0-19-39, adopted by the Village Board on December 2, 2019 ("Ordinance's, grants to the Owners a modification from Section of 2.04-H.3(a) of the "Village of Deerfield Zoning Ordinance 1978," as amended, to permit the installation of a fence on the Property five foot, six inches in height ("Proposed Fence'); 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, has considered the possibility of the revocation provided for in the Ordinance, and agrees 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 a 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. [SIGNATURES ON FOLLOWING PAGE] Dated: 2019. ATTEST: By: ATTEST: By: #71694958_vl KENNETH M. BLOOM ALISA C. K. BLOOM