O-23-14A MA
VILLAGE OF DEERFIELD
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
) SS
Image# 063317300012 Type: ORD
Recorded: 08/07/2023 at 08:58:36 AM
Receipt#: 2023-00033803
Page 1 of 12
Fees: $50.00
Lake County IL
Anthony Vega Lake County Clerk
File7988220
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
0-23-14 An Ordinance Granting Variations from Sections
2.03-D.3 and 2.03-D.5 of "The Deerfield Zoning
Ordinance 1978," as Amended
(855 Fair Oaks Avenue)
Dated this Julv 11.2023.
Cj
* • ow 0 ;
a' SEAL
SEAL
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
r [�
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 0-23-14
AN ORDINANCE GRANTING VARIATIONS FROM
SECTIONS 2.03-D.3 AND 2.03-D.5 OF
"THE DEERFIELD ZONING ORDINANCE 1978," AS AMENDED
(855 Fair Oaks Avenue)
WHEREAS, Tom Zelski and Kaitlyn Zelski (collectively, "Owners") are the record
title owners of the property commonly known as 855 Fair Oaks 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 Property is located in the R-3 Single -Family Residence District of the
Village ("R-3 District'); and
WHEREAS, the Property is improved with a single-family residence ("Residence')
and a detached garage ("Existing Garage'); and
WHEREAS, the Owners desire to demolish the Existing Garage and construct a new
detached two -car garage on the Property ("Proposed Garage"); and
WHEREAS, pursuant to Section 2.03-D.3 of the of the "Deerfield Zoning Ordinance
1978," as amended ("Zoning Ordinance'), a minimum distance of 10 feet is required
between a detached structure and principal structure on the lot ("Required Structure
Separation"); and
WHEREAS, pursuant to Section 2.03-D.5 of the of the Zoning Ordinance, a minimum
distance of five feet is required between a structure and side and rear property lines of the
lot ("Required Side and Rear Yard"); and
WHEREAS, the Proposed Garage would encroach into the Required Structure
Separation and Required Side and Rear Yard, reducing the separation to six feet and two
feet respectively, in violation of Sections 2.03-D.3 and 2.03-D.5 of the Zoning Ordinance; and
WHEREAS, to permit the construction of the Proposed Addition on the Property, the
Owners have filed an application for variations from Sections 2.03-D.3 and 2.03-D.5 of the
Zoning Ordinance to allow them to construct the Proposed Garage approximately six feet
from the principal structure and two feet from the side and rear lot line of the Property
(collectively, "Requested Variations"); and
WHEREAS, a public hearing of the Board of Zoning Appeals of the Village of
Deerfield (`BZA') to consider the approval of the Requested Variations was duly advertised
in the Deerfield Review on April 27, 2023, and held on May 16, 2023; and
WHEREAS, on May 16, 2023, the BZA recommended approval of the Requested
Variations by a vote of 6-0, in accordance with Section 13.07-E of the Zoning Ordinance; and
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WHEREAS, the Village Board has determined that the Requested Variations meet
the required standards for variations set forth in Section 13.07 of the Zoning Ordinance; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant the Requested Variations, 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 VARIATIONS. 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 Ordinance and the home rule
powers of the Village, the Village Board hereby grants the Requested Variations from
Sections 2.03-D.3 and 2.03-D.5 of the Zoning Ordinance to permit the construction of the
Proposed Garage.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Zoning Ordinance 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 Garage 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 Garage 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 Garage shall be in strict compliance with plans prepared by
Heartland Garage Builders, 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
{00132872.2) 2
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
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-3 District and the applicable provisions of the Zoning Ordinance,
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 Ordinance 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.
f 00132872.2} 3
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.
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: June 20, 2023
APPROVED: June 20, 2023
ORDINANCE NO. 0-23-14
•ry Berg, Mayor Pro Tem
ATTEST:
Kent �. Stre t, Village Cle k
{00132872.2} 4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
LOTS 72, 73, 74 AND 75 IN BLOCK 4 IN DEERFIELD PARK LAND AND IMPROVEMENT
ASSOCIATION SUBDIVISION IN THE SOUTHEAST '/4 OF SECTION 29, TOWNSHIP 43
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED MAY 5, 1898 AS DOCUMENT 70892, IN BOOK "D" OF
PLATS. PAGES 64 TO 67, INCLUSIVE, IN LAKE COUNTY, ILLINOIS.
PARCEL 2:
THE WEST %2 OF THE ALLEY LYING EAST OF AND ADJOINING PARCEL 1 AS
VACATED BY ORDINANCE BY THE VILLAGE OF DEERFIELD, A COPY OF SAID
ORDINANCE RECORDED FEBRUARY 12, 1915 AS DOCUMENT 157539, IN LAKE
COUNTY, ILLINOIS.
PIN: 16-29-408-001-0000
Commonly known as: 855 Fair Oaks Avenue, Deerfield, Illinois
{00132872.21
EXHIBIT B
PLANS
{00132872.2}
DAVID LARSEN PH (773) 529.3989
SURVEYING 00. P L A-r ❑ F SURVEY F CL (773) 430-6603
2900 N. LK SH DR..#2809
CHICA00, IL. 60657-6250 N
Parcel 1:
_ Lots 72, 73, 74, and 75 in Block 4 in Deerfield Pork Land w 6
and Improvement Association. Subdivision in the Southeast
1/4 of Section 29, Township 43 North, Range 12 cast of
the Third Principal Meridian, according to the plot thereof
recorded May 5, 1898 as document 70892, in Book 'D' of s
Plats, Pages 64 to 67, inclusive, in Lake County, Illinois.
o xx
Parcel 2:
The West 1/2 of the olley lying east of and adjoining Parcel
1 cs vacated by ordinance by the Village of Deerfield, a copy
of said ordinance recorded February 12, 1915 as document
157539, ir. Lake County, Illinois.
FAIR OAKS AVE.
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Date: September 24,2011
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Tom Zelski and Kaitlyn Zelski (collectively, "Owners") are the record
title owners of the property commonly known as 855 Fair Oaks Avenue, 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. 0-23-14 , adopted by the Village Board on June 20,
2023 ("Zoning Ordinance'), grants variations from the "Village of Deerfield Zoning
Ordinance 1978," as amended, to reduce the required separation between the detached
structure and principal structure from 10 feet to four feet and the side and rear setback from
five feet to two feet and to permit the construction of a detached two -car garage on the
Property ("Variations'); 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 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 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 Variations.
[SIGNATURE PAGE FOLLOWS]
{00132872.2)
Dated:- 7J:Z4*., 7 , 2023.
ATTEST:
By: Td m
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ATTEST:
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By: �CV�i+1%4n zQ3 sk
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100132872.21