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O-80-09ORDINANCE NO. 0- 80 -09. AN ORDINANCE APPROVING A PLANNED DEVELOPMENT LOTS 104 AND 105 Published in pamphlet form this 18th 'day of February , 1980, by the President and Board of Trustees of Deerfield. e ORDINANCE NO. 0 -80 -09 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT LOTS 104 AND 105 WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of WHEELING TRUST AND SAVINGS BANK, as Trustee under Trust No. 77 -277, as owner, for the approval of a single - family residential planned development of certain real estate hereinafter described and classified in the R -1 District under the Zoning Ordinance of the Village of Deerfield; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence adduced, recommended that said planned development be denied, which recommendation was not concurred in by the Corporate Authorities of the Village of Deerfield. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the proposed single - family planned development of the real ONE: estate legally described as follows: Lots 104 and 105 in J. S. Hovland's First Addition to Deerfield, being a subdivision of the Southwest one - quarter (except the northwest one - quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian according to the plat thereto, recorded November 7, 1924, as Document number 248380 in Book "N" of plats, page 56, Lake County, Illinois, (except from said the lots the South 20.0 feet thereof). and as set forth and described on the attached plat of development and preliminary plat of resubdivision, which plan and plat of resubdivision are made a part of this ordinance, be and it is hereby approved subject to the conditions and restrictions hereinafter set forth. SECTION That the approval of the planned development is conditioned upon TWO: the owner dedicating the portion of the subject property depicted as a dedication for street purposes in the preliminary plat of resubdivision to the Village of Deerfield as and for street purposes in addition to the owner acquiring and dedicating for street purposes the Southernmost 30' of Lots 96 and 97 in J. S. Hovland's First Addition to Deerfield and further, Country Lane shall have been dedicated to the Village of Deerfield and shall have been fully improved to the eastern limit of the subject property prior to the approval of the final plat of subdivision. SECTION That the approval of the planned development hereby given is THREE: subject to the further conditions that (a) the owner submit for approval a final plat of resubdivision of the real estate described in Section One hereof, and (b) except as otherwise provided in this 9 ordinance, comply with all requirements of the Village Code of the Village of Deerfield necessary for the approval of said final plat, and (c) that the owner shall deposit sufficient funds in escrow or make other provisions satisfactory to the Village to insure the payment of the cost of the street improvements within the entire area to be dedicated as described in Section Two hereof. SECTION The Corporate Authorities, upon application of the owner follow - FOUR: ing installation of the improvements described above, will con- sider the adoption of a recapture ordinance enabling the owner to recover that portion of the cost of said improvements benefitting Lots 96 and 97 as described above. SECTION That a variation from the strict provisions of Article 12.3 -5 FIVE: of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, with respect to the property herein - above described, is hereby granted pursuant to the authority to consider minimum lot area variations of a certain extent in the course of review of preliminary plats of subdivision or resubdivision, so as to authorize a lot area of 10,235 square feet in proposed Lot 1; 10,462 square feet in proposed Lot 2; 10,558 square feet in proposed Lot 3; 10,497 square feet in proposed Lot 4; and 10,186 square feet in proposed Lot 5 in lieu of the required 10,800 square feet. SECTION That the following variations from the strict provisions of SIX: Chapter 20 of the Municipal Code of the Village of Deerfield of 1975, as amended, being the Subdivision Code, and as depicted on the Preliminary Plat of Resubdivision, are hereby granted to permit a street right -of -way within the cul -de -sac of 50 feet rather than the required 60 feet, a cul -de -sac radius of 40 feet rather than the required 50 feet, and a 9% variation in lot depth for proposed Lots 2, 3 and 4 in lieu of the required 110 foot lot depth. SECTION That the Village Clerk is hereby directed to publish this ordi- SEVEN: nance in pamphlet form. SECTION That this ordinance shall be in full force and effect from and EIGHT: after its passage, approval and publication, as provided by law. AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0). ABSENT: None (0). PASSED this 18th day of February A.D., 1980. APPROVED this 1,9t1L'day of FPbri,ary A.D., 1980. ATTEST: VILLAGE CLERK by DEPUTY CLERK VILLAGE PRESIDENT PRO. TEM