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O-21-41�j VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) Image# 061623350014 Type: ORD Recorded: 12/08/2021 at 11:10:04 AM Receipt#: 2021-00102453 Page 1 of 14 Fees: $50.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File7852260 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 0-21-41 Granting a Variation from Section 4.02-F.3.e of "The Deerfield Zoning Ordinance 1978," as Amended Dated this November 30, 2021 --L-LL-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. 0-21-41 AN ORDINANCE GRANTING A VARIATION FROM SECTION 4.02-F.3.e OF "THE DEERFIELD ZONING ORDINANCE 1978"AS AMENDED (1700 Mountain Court) WHEREAS, Thomas Kenney, as Trustee of the Thomas Joseph Kenney Revocable Trust, and Anne Kenney, as Trustee of the Anne Samuels Kenney Revocable Trust (collectively, "Owners") are the record title owners of the property commonly known as 1700 Mountain Court, 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'); 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'), 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 25 feet and three-quarters inches 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 25 feet and three-quarters inches 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 failed to recommend approval of the Requested Variation by a vote of 3-1, 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 {00123063.1} 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 4.02-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 Michael Menn Ltd., consisting of four 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. {00123063.1) 2 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 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. {00123063.1} [SIGNATURE PAGE FOLLOWS] 100123063.11 AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: November 1, 2021 APPROVED: November 2, 2021 ORDINANCE NO. 0-21-41 Daniel C. Shapiro, Mayor ATTEST: Kent S. Str et, Village Clerk {00123063.1) 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 87 IN "NORTH TRAIL". BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 20. TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARYI5, 1966 AS DOCUMENT 1294902 IN BOOK 42 OF PLATS, ON PAGE 42, IN LAKE COUNTY ILLINOIS. PIN: 16-20-404-042 Commonly known as: 1700 Mountain Ct., Deerfield, Illinois {00123063.1} EXHIBIT B PLANS {00123063.1} §mo �0 co) zm 0 am. L r ae op aa3 $s $ �� N 2 O �.. oFis 17 O T� o M M T r r T r r m ��� T R� 9 83.0' a 9 _ �� pg r 14'-7tn• i b s mm -� m �- SIDEYARD Z btDE V SETBACK ® © LEiSACK m x w —I o c o m o Q� I a yyy O ' fA 83.0' 709 Cartyle Gout ADDITION TO RESIDENCE FOR: Northbrook, IL BDO62 ANDI & TOM KENNEY PROPOSED P: e47.770.6903 1700 MOUNTAIN CT SITE PLAN �,. F: 847.770.6302 DEERFIELD, IL I R IONS 0W IN I NT �14'-7 1J2° �' roFrrw�w exenerE '� x Z T a 0 I� z 9 O_ 1 Z a 4 O a 0 a m a 0 m 709 Carlyle Court Nortlrbraak, IL 60062 P: 847.770.6303 F: 847.770.6302 I 711 c- m r C, r t z c� 0 0 m Tl ' �i m ADDITION TO RESIDENCE FOR: ANDI & TOM KENNEY 1700 MOUNTAIN CT DEERFIELD, IL 0 O 3 PROPOSED FIRST FLOOR PLAN s �0±7,21 CJ3 711 Carlyle Court ANDI & TOM KENNEY 3D VIEW .'4 IL 60062 ADDMON TO RESIDENCE FOR. P: 847.770.6303 1700 MOUNTAIN CT FROM SOUTHWEST F: 847.7M.6W2 DEERFIELD, IL EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Villagel: WHEREAS, Thomas Kenney, as Trustee of the Thomas Joseph Kenney Revocable Trust, and Anne Kenney, as Trustee of the Anne Samuels Kenney Revocable Trust (collectively, "Owners') are the record title owners of the property commonly known as 1700 Mountain Court, 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. 0-2141 , 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 25 feet and three-quarters inches 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] (00123003.1r Dated: 1i.1?yerI , 2021. AWEST: By: 'dlw„ 1 �— ATTEST- By: THOMAS KENNEY, AS TRUSTEE: OF THE THO AS JOSEPH RE",Y TY REVOCABLE TRUST ANNE KEN EY. AS TRUSTEE OF THE ANTE SA-iUELS ICE\ -\—E REAFO CABLE TRUST JOO123Ou3.11