O-18-23VILLAGE OF DEERFIELD
ORDINANCE NO.
0-18-23
AN ORDINANCE GRANTING A VARIATION FROM
SECTION 4.03-F.3.d OF THE
"DEERFIELD ZONING ORDINANCE 1978", AS AMENDED
(1055 Hazel Avenue)
WHEREAS, Mark C. Jacobson ("Owner's is the record title owner of the property
commonly known as 1055 Hazel, 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 of the
Village ("R-3 District's; and
WHEREAS, the Property is improved with a single-family residence with an attached
garage; and
WHEREAS, pursuant to Section 4.03-F.3.d of the "Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Code', a corner side yard of not less than 15 feet must be provided in
the R-3 District; and
WHEREAS, the Owner desires to construct a one-story addition to the existing
attached garage, which would be located 4.11 feet from the property line, in violation of
Section 4.03-F.3.d of the Zoning Code ("Proposed Addition'); and
WHEREAS, in order to permit the construction of the Proposed Addition on the
Property, the Owner has filed an application for a variation from Section 4.03-F.3.d of the
Zoning Code to decrease the minimum required corner side yard from 15 feet to 4.11 feet
("Requested Variation'; and
WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of
Deerfield ("ZBA'D to consider the approval of the Requested Variation was duly advertised
in the Deerfield Review on April 19, 2018, and held on May 15, 2018; and
WHEREAS, on May 15, 2018, 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;
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 4.03-F.3.d
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 Owner 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 Property 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 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 Subject
Property shall be in strict compliance with the Garage Addition Plans prepared
by Applicant, consisting of three 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 Director of the Department of
Community and Economic Development 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 Owner 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 Owner 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 Owner and each of its heirs, representatives,
successors, and assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owner 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
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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 Owner 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-3 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 Owner 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 Owner does 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.
[Voting Record and Signatures on Following Page]
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AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS:
ABSENT:
PASSED:
APPROVED:
ORDINANCE NO, 0-18-23
kL
Harriet Rosen al, Mayor
ATTEST -
Kent S. treet, Villa4 Clerk
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lots 1, 2 and 3 and the North 1/2 of the 16.0 foot vacated alley South and adjoining lots in
block 14 in Deerfield Park Land and Improvement Association Subdivision being a
subdivision of part of the Southeast 1/ of Section 29, Township 43 North, Range 12 East of
the Third Principal Meridian, in Lake County, Illinois.
P.I.N. 16-29-417-001
Commonly known as: 1055 Hazel Avenue, Deerfield, Illinois
EXHIBIT B
GARAGE ADDITION PLANS
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village's:
WHEREAS, Mark C. Jacobson ("Owner's is the record title owner of the property
commonly known as 1055 Hazel Avenue, Deerfield, Illinois ('Property'); and
WHEREAS, Ordinance No. , adopted by the Village Board on
2018 ("Ordinance's, grants variations from the "Village of Deerfield Zoning Ordinance
1978," as amended, to permit the construction of an addition to the attached garage with a
corner side yard of 4.11 feet 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 Owner has 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 Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to, accepts, consents to, and will
abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2, The Owner acknowledges 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 Owner acknowledges and agrees 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 variations or adoption of the Ordinance, and that the Village's approval of the
variations does not, and will not, in any way, be deemed to insure the Owner against damage
or injury of any kind and at any time.
4. The Owner hereby agrees 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 variations.
[SIGNATURES ON FOLLOWING PAGE]
Dated: , 2018.
ATTEST:
By:
Its:
#58624039 v]
MARK C. JACOBSON
Lo
Its: