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O-21-05�j VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) Image# 061623340015 Type: ORD Recorded: 12/08/2021 at 11:10:04 AM Receipt#: 2021-00102453 Pape 1 of 15 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7852259 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 0-21-05 Granting a Variation From Section 2.03-D.3 of the "Deerfield Zoning Ordinance 1978," as Amended (1133 Terrace Court) Dated this October 26, 2021 ff 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. 2021- 0-21-05 AN ORDINANCE GRANTING A VARIATION FROM SECTION 2.03-D.3 OF THE "DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED (1133 Terrace Court) WHEREAS, Daniel Dorfman and Ariel Dorfman (collectively, the "Owners') are the record title owners of the property commonly known as 1133 Terrace Court, 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 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 2.03-D.3 of the Deerfield Zoning Ordinance 1978," as amended ("Zoning Code', detached accessory structures in the R3 District must be separated from the principal structure on the property by at least ten feet ("Accessory Structure Separation'; and WHEREAS, the Owners desire to construct a carport on the east side of the Existing Garage, creating a detached accessory structure separation of only three feet, in violation of Section 2.03-D.3 of the Zoning Code ("Proposed Carport'); and WHEREAS, in order to permit the installation of the Proposed Carport on the Property, the Owners have filed an application for a variation from Section 2.03-D.3 of the Zoning Code to allow them to construct the Proposed Carport approximately 3 feet from the principal structure on the Property ("Requested Variation'); and WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of Deerfield ("ZBA') to consider the approval of the Requested Variation was duly advertised in the Deerfield Review on November 5, 2020, and held on December 1, 2020 and January 5, 2021; and WHEREAS, on January 5, 2021, 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; {00119027.11 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 2.03-D.3 of the Zoning Code to permit the installation of the Proposed Carport. 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 Carport 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 Carport 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. Comnliance with Plans. The development, use, and maintenance of the Proposed Carport shall be in strict compliance with plans and drawings presented to the BZA and attached to and, by this reference, made a part of this Ordinance as Exhibit B ("Plans', except for minor changes and site work approved by the Village's Principal Planner in accordance with applicable Village codes, ordinances, and standards. C. No Enclosure. Notwithstanding anything contrary that may be in the Plans, the Proposed Carport shall not: (i) be enclosed with walls except for the structural wall that connects the Proposed Carport to the existing garage on the Property; and (ii) have windows or doors. D. Reimbursement of Village e 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. 100119027.11 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 (00119027.11 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. [SIGNATURE PAGE FOLLOWS] 100119027.11 4 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: February 16, 2021 APPROVED: February 17, 2021 ORDINANCE NO. 0-21-05 Harriet Rosenthal, Mayor ATTEST: Kent S. Streek, Village Clerk Y (00119027.11 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 70 IN THE THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3, BEING A RESUBDIVISION OF LOTS " B" AND "C" IN THE THIRD ADDITION TO DEERFIELD PARK UNIT NO. 1, BEING A SUBDIVISION IN THE WEST Y2 OF THE SOUTHEAST 1/ OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3, RECORDED MAY 22, 1959, AS DOCUMENT 1031301, IN BOOK 34 OF PLATS, PAGE 115, IN LAKE COUNTY, ILLINOIS. P.I.N. 16-32-405-015 Commonly known as: 1133 Terrace Court {00119027.11 1 OWN IsI15.100M PLANS {00119027.1} 14QUS5 0"&". ttays� �2pr4 �XtsT vJ/ y SEYp � l Aril 10p' ffl bus too New op"T, 4-0 � -.. I0 OUTLINE OF GENERAL CONSTRUCTION: f PROJECT TO CONSTRUCT A NEW CARPORT ATTACHED TO THE EXIST. FREE STANDING GARAGE - BOTH DEFINED AS ACCE55ORY STRUCTURES TO THE EXIST. SINGLE FAMILY RESIDENCE. THE CARPORT 15 APPROX. 20'x2O'x 15', 15 OPEN ON THREE (3) SIDES AND 15 APPROX. 350 5F UNDER ROOF. THE POSITION OF THE STRUCTURE 15 APPROX. 3' FROM THE SOUTHWEST CORNER OF THE HOUSE AND 15 5' AWAY AND PARALLEL TO THE SIDE YARD (SOUTH) PROPERTY LINE. ALL STRUCTURAL WOOD FRAMING WILL BE CLAD WITH FIBER CEMENT (NON- COM13U51I5LE) TRIM BOARDS AND)OR PANELS. THE ROOF LINE WILL BE FLAT IN FRONT OF THE EXIST. GABLE END GARAGE ROOF. o THERE 15 AN EXISTING CONCRETE PAD ON WHICH THE CARPORT WILL BE CONSTRUCTED. o G" XG" TREATED WOOD POSTS WILL SUPPORT THE ROOF STRUCTURE. P05TS WILL HAVE A 1 O' DIA. BY 3'-G" DEEP CONCRETE FOUNDATION PIERS. o PERIMETER 2X12 FRAMING WILL BE STRUCT. GRADE LUMBER INSTALLED LEVEL WITH INTERIOR 2X8'5 SLOPED TO THE SOUTH GUTTER AND DOWN51POUT. o FRAMING AND P05T5 WILL UTILIZE 51MP5ON, GALVANIZED CONNECTORS AND ACCE55ORIE5 PER CODE REQUIRED MFR'5 INSTRUCTIONS. o ROOF SHEATHING WILL BE 515' CDX ON JOISTS AT I G"O.C. PROVIDING A HORIZONTAL DIAPHRAGM ATTACHED TO THE FRONT FRAMING OF THE EXIST. GARAGE. o ROOFING WILL BE 51NGLE-PLY TORCHDOWN WITH WHITE GRANULAR SURFACE IN5TALLE PER MFW5 INSTRUCTIONS. o THERE WILL BE NO HVAC, PLUMBING OR ELECTRICAL WORK. 1 133 TERRACE CT. DEERMELD LOT E �� hkhihl!I�n?1AA'$RIh 01 f, If Vt w w Fence Post 1- '' tly ve!` 1! & iL)}LsfZo Y E?tSi. SUIZYFY i7O;A1L 1 S 3 IrUgki5CZ VE60W PROFESSIONALS ASSOCIATED SURVEY, INC. 7100 N. TRIPP AVENUE PROFESSIONAL DESION FIRM NO. 194-003023 LINCOLNWOOD, ILLINOIS 60712 www.pmfe99ionalms9aciated.com PLAT OF SURVEY OF LOT 70 IN THE THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3, BEING A RESUBDIVISION OF LOTS "B" AND "C" IN THE THIRD ADDITION NORTH TO DEERFIELD PARK UNIT NO. 1, BEING A SUBDIVISION IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THIRD ADDITION TO DEERFIELD PARK UNIT NO. 3, RECORDED MAY 22. 1959, AS DOCUMENT 1031301. IN BOOK 34 OF PLATS, PAGE. 115, IN LAKE COUNTY, ILLINOIS. LAND TOTAL AREA: 14.227.35 SQ.FT. a 0.326 ACRE. COMMONLY KNOWN AS: 1133 TERRACE COURT, DEERFIELD, ILLINOIS. LOT Y LOT 69 n� Found Iron Pip a. 0.1 1'N'ly&O.17' c l4 0 5 �r w LOT 80 v 4O TEL: (947) 675-3000 FAX: (S47) b75-2167 o-mail: pa(aJpmfesaia0aleaaaociated.com m.___......_._.-.___._-60.87-....._.............._................._.. 9.'105.Radi°I i T.o 0 0 20' 110-32'21' Fence Paet 0.28'W. ../ Dane. 5t°°p -,^.p a; w TERRACE COURT uu �tAP a (PUBLIC STREET) o 3If �I r� LOT 79 I't 4A .1 Conopy L� hai LOT 70 `o Fence Post 4.... I - _.39".npi'. LOT 78 THE LEGALDESCRIPIION SHOWN ON THE PLAT HEREON LIAC— .._. DRAWN I9 A COPY OP TIE ORDER, AND FOR ACCURACY SHOU[D BE COMPARED WITH THB T1TLB OR DBED. DIMENSIONS ARE NOT TO BE ASSUMED FROM SCALING. I I BUILDING LINES AND EASEMENTS ARE SHOWN ONLY WHERE THEY ARE SO RECORDED IN THE MAPS, OTHERWISE REFER TO YOURDBED OR ABSTRACT. Order No 13-85784 I �FovO1 I 0.18'E'.& Une Sty 1 itch - 25 ftet DeMofField Wml. March 13 2013. ONmedby. RICHARD L. SCHENCKER Attorney at Law i< i' `� A,.. BIT b5' .0 P4P1,e Rad-50.i onc. Step ion. - 4 c ] N pY`p1 et`pe a M a° .irr+' a36 `i FROFE IOfMAL `- .e Post 1.07'SE'ly * LAND I SURVEYOR STATE OF ILLIN018 LOT 71 0.41'SE'ly NOTE: SURFACE DETAILS OBSCURED BY SNOW. Arc-39.27'Ree. Rad.-25.00' m a 6 c J THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. THIS SURVEY HAS BEEN ORDERED FOR SURFACE DIMENSIONS ONLY NOT FOR ELEVATIONS. THIS IS NOT AN AL'I'A SURVEY. COMPARE ALL POINTS BEFORE BURRING BY SAME AND AT ONCE REPORT ANY DIFFERENCE. SteAdIllimie Couetyo£Cook S.S. We, PROFESSIONALS ASSOCIATED SURVEY IVC., do hereby oeltifyihalwe Lave the above deer "y'-pedyeodthst, Loth but ofomlmo die plathmem dlasv ism mmumie c itm- of esid survey. arch 20JN. B..P .I.AN09Ull OR '9BM.DATRNOY.3kWL4-. Drawn by: JR �p"an^`.�'r1 �.-r.i.-r••�... .....�...._e.r..,.+R.�__a +s. «,r,.t........ww..... .+e.+ .--. .�. l f `: E ZP W:KITE y4, (OX6 TRTi> 1 17. PQ `1 w S jut ,3 C5,AL1l. %-rwo�rs c p+ eft►iN- AWPOR , 10" V-U OR cows. PIER - CA. Fo5r ---i-::7 1 LJ r✓RONT (EASTI) F-Lrj/ eARTbgF 1133 TEEZRAcecr, PEEvPEL:p EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village's: WHEREAS, Daniel Dorfman and Ariel Dorfman (collectively, the "Owners' are the record title owners of the property commonly known as 1133 Terrace Court, Deerfield, Illinois ('Property'); and WHEREAS, Ordinance No. 0-21-05 , adopted by the Village Board on Feb. 16, 2021 ("Ordinance's, grants a variation from the "Village of Deerfield Zoning Ordinance 1978," as amended, to permit the construction of a carport 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] 100119027.11 Dated: February 16 2021. / l ATTEST By: -- ATTEST By: #70463112_v2 (00119027.11 DANIEL DOAAN4 11 farcy�t uvRrmt+n � f, -ti r