O-21-33I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Image# 061426820011 Type: ORD
Recorded: 10/20,2021 at 12:55:30 PM
Receipt#: 2021-00089399
Of
VILLAGE OF DEERFIELPage i 50 11
D
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7836263
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
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:
legal description of the property and the unconditional agreement and consent concerning
Ordinance No. 0-21-33 (1405 Hazel Ave)
Dated this September W, 2021
P
ANDREW S. LICHTERTI AN
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. _0-21-33_
AN ORDINANCE GRANTING A FENCE HEIGHT MODIFICATION
FROM SECTION 2.04-H.3.a OF "THE DEERFIELD
ZONING ORDINANCE 1978." AS AMENDED
(1405 Hazel Avenue)
WHEREAS, Elsa and Carlos Sanchez (collectively, "Owners") are the record title
owners of the property commonly known as 1405 Hazel Avenue, 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
WHEREAS, the Owners desire to construct a 246-foot long, six-foot high fence around
the Property, including within the front yard of the Property (`Proposed Fence'; and
WHEREAS, Section 2.04-H.3.a of "The Deerfield Zoning Ordinance 1978," as
amended ("Zoning Code'), generally prohibits fences to be erected or maintained in a front
yard in any district with a height greater than three feet ("Height Regulation'; and
WHEREAS, 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 ('DZA') to consider the approval of the Requested Modification was duly advertised
in the Deerfield Review on June 24, 2021, and held on July 20, 2021; and
WHEREAS, on July 20, 2021, the BZA voted four to zero 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.
(00121994.11
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 development, use, and maintenance of the
Proposed Fence shall be in strict compliance with plans 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
100121994.11 2
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]
{00121994.1}
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: September 8, 2021
APPROVED: September 8, 2021
ORDINANCE NO. 0-21-33
Daniel C. Shapiro, Mayor
ATTEST:
Ttee; Village Clerk
�wD�v�f 5 l��ct+T�mr�
(00121994.1) 4
Fa. i:3-0-W7
LEGAL DESCRIPTION OF THE PROPERTY
LOT 1 IN RESUBDIVISION OF PART OF WEST DEERFIELD MANOR, VACATED PARK
LANE AND VACATED PUBLIC PARK IN EAST 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED 07/14/55 IN BOOK 1362 OF RECORDS, PAGE 537, AS DOCUMENT
873680 IN LAKE COUNTY, ILLINOIS.
P.I.N.: 16-29-313-005
Commonly known as: 1405 Hazel Avenue, Deerfield, Illinois
(00121994.1)
EXHIBIT B
Ix
1841 W. Rookery Circle PROPOSAL & CONTRACT S�Ic Aguilar, Sr.
ESPERSON
INC.ri
Round Lake,. IL 60073 GOLDENFENCE, N224-629-1213
J.U.L.I.E. Residential • Commercial • Industrial ❑ Eric Aguilar, Jr.
Ticket# Free Estimates • Fully Insured 847-668-4887
Mark By: Bus: 847.740.9744 • Bus: 815.385.5664 • Bus: 224.251.9560 ❑ Octavio Aguilar
Foreman: Email: admin@goldenfenceinc.com • www.goldenfenceinc.com 224 Giovanni
g g ❑Giovnni Aguilar
Date - '.q g -,2 ( Nam-e C� x Y 1O f/10' :, t,/0— , Email _ l �l._ I L -t'. r 0 Li i( � CL'H- . I' J e+- 224-567-9192
Address /� ��r_ ZJ _�"'re- City l� ('�>rl tF. f�� -7-L• - Zip
CUSTOMER MUST RE PRESENT FIRST DAY OF
INSTALLATION:
YES NO
PLAT OF SURVEY: /
NEEDED NOT NEEDED
PERMIT:
GOLDEN FENCE OBTAINS FOR $100 FEE +PERMIT FEE
CUSTOMER TO OBTAIN
NOT NEEDED
HOMEOWNERS ASSOCIATION APPROVAL'
CUSTOMER TO OBTAIN
NOT NEEDED
FT. HGT.
V y& d
END POST LINE P(
s) J -ry;
BOARD SIZE
TENSION WIRE GUAGE
- YES NO
SINGLE GATE(S)
i ?A' r "
/COLOR
�! .
LEVEL ON TOP
Phone 7 :7 7 Vic; % 3/1 ❑ Chain -Link ❑ Cedar Wood ❑ Steel 0 Split Rail
aWC / Vinyl ❑ Aluminum ❑ Treated Wood ❑ Other
FENCE LAYOUT and SPECIFICATIONS
r
Lk I a.ri i r.'1 -7 Y) P P is I!� �vJ•��Jr : r : !
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500
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1. � 'Z x 2'.12. v•
CONCRETE SET
ST I CORNER POST POST MASTERS POST CAPS
Sb'S YES NO YES NO
TOE NAIL NAI, - — --- -- - - ---- --
GATE SWING
FACE L - � -
INSIDE: ❑ l- I .i-
TOP RAIL MID RAIL
YES NO OUTSIDE: ❑ - ...
DOUBLE GATE(S)
/d YS
GATE POST(S)
1K y
FOLLOW GRADE
SOIL �
TAKEDOWN FT. HADLAWAY
I
HAUL AWAY _ FT. SOIL
LEAVE ON SITE
TRIM RUSHES l BRANCHES 1
CUSTOMER GOLDEN FENCE tE%TRA owlcEl
PROJECT REQUIRES:
GENERATOR ASPHALT BREAK
ROCK DRILL WELDER
CORE DRILL CHAINSAY67RIMMING
DEPOSIT $ BALANCE $
HOW DID YOU HEAR ABOUT US?
fifty Percent (50%) of this contract price is due upon signing this contract, the remaining balance is due upon completion. Failure to comply with this paragraph will be deemed a breach
of contract voiding all warranties and guarantees. A 1.5% inrerest will be added to the monthly balance until balance is paid in full. No materials will be ordered or job scheduled until
a deposit is obtained. Work Delay Time is not of the essence in completion: Time is not of the essence in completing installation of the new fence or in completing any work agreed to
in this contract. Golden Fence Inc., will work diligently to ensure that the job contracted for is completed on time but makes no guarantees. No guarantees are made for completion/instal-
lation time because situations can occur from including but not limited to weather, nature, supply and material shortage, work strikes, and acts of God which result in work being stopped.
CANCELLATION POLICY: You have three (3) days to cancel this contract after signing in which you can cancel for any reason and receive 100% of your deposit back and terminate
this contract. After the three (3) day period has passed if you cancel this contract before work has started Golden Pence Inc., will charge twenty-five (25%) percent of the contract price.
You may not cancel this contract once work has started, if you do, it Will be considered a breach of contract. Golden Fence, Inc. is not responsible nor will be held responsible for
private utilities or NON J.U.L.I.E. related items such as, but not limited to, sprinkler systems, invisible fences. underground piping of any sort. etc.
THIS PROPOSAL IS VOID IF NOT ACCEPTED WITHIN DAYS.
ACCEPTANCE OF PROPOSAL
You are hereby authorized to Punish all materials and labor required to complete the work mentioned in the above proposal for which I agree to pay the amount mentioned in said
proposal and in accordance with the terms thereof. I agree to pay all costs of collection including attorney fees and interest for sums which may beco rr+ due under this contract.
Signature: _ _ Respecfully submitted by:
Date: 20 — — — — — - ---
Your signature confirms you have read both sides of this Contract and agree to the information presented.
VVHTTF.-OFFICE COPY YELLOW -CUSTOMERS COPY
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EXHIBTT C
UNCONDITIONAL AGREEMENT AND_CONSENT
TO: The Village of Deerfield, Illinois (`tillage"):
WHEREAS, Elsa and Carlos Sanchez (collectively, "Owners") are the record title
owners of the property commonly known as 1405 Hazel 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 Owners desire to construct a 246-foot long, six-foot high fence around
the Property, including within the front yard of the Property ("Proposed Fence"); and
WHEREAS, Section 2.04-H.3.a of "The Deerfield Zoning Ordinance 1978," as
amended ("Zoning Code"), generally prohibits fences to be erected or maintained in a front
yard in any district with a height greater than three feet ("Height Regulation"); and
WHEREAS, to permit the installation of the Proposed Fence on the Property, the
Owner filed an application for a modification from Section 2.04-H.3.a of the Zoning Code
("Requested Modification'); and
WHEREAS, Ordinance No- _0-21-33 adopted by the Village Board on Sept. 8,
2021 ("Ordinance*), grants to the Owners the Requested Modification to permit the
installation of the Proposed Fence in the front yard with a height of six feet; 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 r�f 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
{00121994.1)
time, be asserted against any of such parties in connection with the Village's adoption of the
Ordinance granting the modification.
Dated_ �GJ[!' fl . 2021.
ATTEST: ELSA SANCHEZ
j %sue'
ATTEST: CARLO�SSANCHEZ
{00121994.1}