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O-21-42c I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image# 061623370016 Type: ORD Recorded: 12/08/2021 at 11:10:04 AM Receipt#: 2021-00102453 Pape 1 of 16 Fees: $50.00 Lake County IL Recorder VILLAGE OF DEERFIELD Mary Ellen vanderventer Recorder File7852262 STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) SS 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 0-2142 Dated this November 4, 2021 Granting a Variation from Section 4.02-F.3.e of the "Deerfield Zoning Ordinance 1978," as Amended L J-;L L 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. 0-21-42 AN ORDINANCE GRANTING A VARIATION FROM SECTION 4.02-F.3.e OF "THE DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED (205 River Road) WHEREAS, Christopher and Michelle Condon (collectively, "Owners") are the record title owners of the property commonly known as 205 River Road, 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-2 Single -Family Residence District of the Village ("R-2 District's; and WHEREAS, the Property is improved with a single-family residence ("Residence'); and WHEREAS, the Owners desire to construct an addition to the Residence on the Property to add a one-story screened porch ("Proposed Addition"); and WHEREAS, pursuant to Section 4.02-F.3.e of the of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'j, properties in the R-2 District are required to have a minimum rear yard setback of 40 feet ("Required Rear Yard"); and WHEREAS, the Proposed Addition would encroach into the Required Rear Yard, reducing the setback to approximately 31 feet in violation of Section 4.02-F.3.e of the Zoning Ordinance; and WHEREAS, in order to permit the construction of the Proposed Addition on the Property, the Owners have filed an application for a variation from Article 4.02-F.3.e of the Zoning Code to allow them to construct the Proposed Addition approximately 31 feet from the rear 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 August 26, 2021, and held on September 21, 2021; and WHEREAS, on September 21, 2021, the BZA recommend approval of the Requested Variation by a vote of 4-0, 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; {00123065.1} 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 4.02-F.3.e of the Zoning Code to permit the construction of the Proposed Addition. 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 Addition shall be in strict compliance with plans prepared by the Owner , consisting of 7 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. {00123065.1} 2 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 R-2 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; 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] {00123065.1) 3 AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: November 1, 2021 APPROVED: November 2, 2021 ORDINANCE NO. 0-21-42 Dani-ef C. Shapiro, Mayor ATTEST: Kent S. Streit, Village Clerk {00123065.1} 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 3 IN BRIARWOOD VISTA FOURTH ADDITION, BEING A RESUBDIVISION OF LOT "A" IN BRIAR.WOOD VISTA THIRD ADDITION BEING A SUBDIVISION IN SECTION 34, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE 3RD P.M., ACCORDING TO THE PLAT OF BRIARWOOD VISTA FOURTH ADDITION, RECORDED MAY 10, 1968, AS DOCUMENT 1377767, BOOK 44 OF PLATS, PAGE 62, IN LAKE COUNTY ILLINOIS. PIN: 16-34-306-003 Commonly known as: 205 River Road, Deerfield, Illinois {00123065.1} EXHIBIT B PLANS {00123065.1} rr olrth JE 1 s I�I l la. _ Ae Fr, VERIFY SCALE AGAINST THIS OPAPh9C BASIS ar BEARINGS lS ASSUMES III I PLAT O�rSURVEY Stilrvcys, Trams. s-"g0d awe Rasp x.�aiatiy ps,.r1i"J Aw LtlI a Lv r �' � 4 + mww tile, LCT A' N e>AaaPwt�av MTA »� > �w1d ,av T ,ar » g �a �sr � ■v cwF cbora►m: �uawat� M�\ �' N OAt�Eiffi9Y \ O .i6.0(!• REW ldO 4sJ4 LOT 3 \`Eli \ Q 5n se i w A � r,41 0.57' L4 LINE" TABLE A.C. - NR �NER Line WM.-1f69h7P Beor frrg Zj °i� r '#VMWACr !'I/.00'07 6 V.89 54 43 - c.. fl-rC s L3 Ea` 5 00 07;g S. 89'49 25 Survey ordered by. Soots Niermen, Attorney at Law � 4 state of I111nols) County of Du Page) moped the above Michael I. Emmert Surveys, Inc, does hereby certify that we haves ID shown hereon is described property and prepared the plat hereon drawn The Iegal dssurl provided by others. Refer to dad or title policy for building setbacks+ casements restdcdiaas which may exist. Dimensions not noted hereon shill not bo n by Bother or other or This professional oth*Mft Compare all points before building and report any dis c Su service conforms to the current Illinois Minimum standards for ■ sO�' Date of bald survey: October 18, 2013 of It. `........ Dated this Mth. day of r� r rr, 2 MICHAEL Professional Illinois sad 3u �sident rveyor Ns. 2499' O; J. EMMERT �. No, 2499 License expires on November 30, 2014 Frofealonl Design Firm Lind Sorvleyo, Corpotation Na 184.W4810 `.�•'•,y......,••°'� .v►qL Lot D1:FtOnt~.P Measure 99. 17 99.37 129.00' 129.00' 99.17' 99.17' 129.00' 129.00' *AM AM • AND � a2 x a rat at A . i U1CH 1 AND r A .la A a x .f/.1 UI® 7 AND .11 : x .71 .71 a x In J OCRO SA" x ar A a1 a1 . n J. nNae1 4 AND N b A M S M AI A1. J 3lIC8� l AND Ir A r r A Al Af :::D M 'AND A A M Ii M X N 9.1 nI® 41 ND �" a i T M ar r A.1 r'=M 1ND AY I! 13 .7t !! .UI � .7f . f MOM l AND at n A a a i .a r.N NAM Ili r r J"JI N et . L rNCmt NAM r M at r r si r 11. i ices.• original plat is in colors y Michael 7 Emmett Surveys, Inc 185 East V911" Street Elmhurst, Illinois 60126 ; ifOffice 630•516-0383 ray Q3t]-5i6•U38% 90NCRE7E CURB AN!? GUTTER -off' y G E7F- WALK WOOD NOE (i8' v L1 -- 25OJ 0 ti V OPEV PORCH 4.76 /BRICK AND VINYL S/DED:= RESIDENCE WITH GARAGEND. 205/ y 5 67 fJ6-75'-1555' R KNED WOOD 04'CK pOD DECK 7 1 WOOD R �J FENCE A •V fJ i CON CRETE ll PA770 f� W 10 FT. EASEMENT— L3 `•_ _--,I��nl LINK FENCE — POOR COND17101V YVNDERINO — FALLEN ? IA7 OF sv P VGY - C LOSeF UP V l&kJ PLAT OF S UR VFY by ictiae] J_ Em pert Surveys, T nc. primp lao�.t{ mot: 205 RIKW R040 LO7.3 IN BRXRl1t7o W'1A R7l/R7N ADL,7XW, &W9 A RESUBD/Y7WN OF LOT W IN 8Rl4RI1O" VSU 7N/RO A!)) flm,, 8DW A SYIgDMS/W /N SEC7lON -Tf� M#WSN/P 4.3 A 1. /Qr(W I? i'AS7 OF 1NE MAV AR/IIAE M MERMN, /N LAKE CWh7Y, !LL/NW NAIL S£T IN IRON PIPE is. 87 , 9LACKTOP ORI"AY ..T5. oo CONCRETE` WALK '"irrFnse A[tOrney of Law �`y c0Nc w, L2 �4 A. C. LOT 3 1-2 'i`M-r t \ l LINE TABLE Line L 1 Bear1ng N. 00 07r55' h�1 L2 N. 99 54 43, LJ S.00"07}56 : L 4 S 89 *49 25 W. P- �E•-r Distancf Meosuo 99 17 99. 37 129.00' 129 00 ' 99. 17' 99, 17' 129. DO' 729. 00' rm co �pQQ5��= 8 Rbi u 4 p % t iig 0 _...ie•ufi.i CAP )l"com-i ^ f M r 'V ld 0007.q a), OO �N U � 0001.E 9799 3A0 W XS9I I � �`r o • � J D NP41 �I w W cn OaN /s• 0 Q U) X �2s99 a F- o a 0 Ln S9. yl Q Q v l ENN tiQ .r >O cn A Z qjN ELJL.- mCD - p U) 1 ci I I, :I- i Lo - 111 V-j o J " o 0 0 OOo7, CVA Oo Cn p x a r i ol 0 Z. ti U CL z 0 am Vr co IS y Jr 6z T7 O-W W rh v Li J�7 4 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Christopher and Michelle Condon (collectively, "Owners") are the record title owners of the property commonly known as 205 River Road, 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. 0-21-42 , adopted by the Village Board on Nov. 1 2021 ("Ordinance'), grants a variation from the "Village of Deerfield Zoning Ordinance 1978," as amended, to reduce the required rear setback from 40 feet to approximately 31 feet to permit the construction of one-story screened porch on residence on the Property ("Variation'); 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] {00123065.1) Dated:J�,LU� , 2021. ATTEST: 11a BY: —_ .. ATTEST: CH , OPHYR CONDON MICHELLE CONDON {00123065.11