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O-24-11VILLAGE OF DEERFIELD ORDINANCE NO. 0-24-11 AN ORDINANCE GRANTING A MODIFICATION FROM SECTION 2.04-H.3.a OF THE "DEERFIELD ZONING ORDINANCE 1978," AS AMENDED, TO ALLOW THE INSTALLATION OF A FENCE IN THE FRONT YARD (725 Fox Hunt Trail) WHEREAS, Nicholas Garvey and Courtney Weiler ("Owner') are the record title owners of the property commonly known as 725 Fox Hunt Trail, 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 detached single-family residence; and WHEREAS, the Owner desires to install a 4.5 foot fence within the defined required front yard of the Property ("Proposed Fence'); and WHEREAS, pursuant to Section 2.04-H.3.a. of the Deerfield Zoning Ordinance 1978," as amended ("Zoning Code'), no fence may be erected or maintained in a front yard of any lot adjoining a public street in any district to a height greater than three feet ("Fence Height Restriction'; and WHEREAS, to permit the installation of the Proposed Fence on the Property, the Owner has filed an application for a modification from Section 2.04-H.3.a. of the Zoning Code to allow the Owner to install the 4.5 foot tall Proposed Fence ("Requested Modification'); and WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of Deerfield ("ZBA') to consider the approval of the Requested Modification was duly advertised in the Deerfield Review on December 7, 2023, and held on January 16, 2024; and WHEREAS, on January 16, 2024, the BZA voted to recommend approval of the Requested Modification, in accordance with Section 13.07-E of the Zoning Code; and WHEREAS, the Village Board has determined that the Requested Modification meets the required standards for modifications 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 Modification, 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: 4865-9526-9289, v. 2 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 MODIFICATION. 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 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 Owner may have, the approval granted in Section Two of this Ordinance is hereby expressly subject to and contingent upon the construction, use, operation, and maintenance of the 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 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 the Fence Plans prepared by the Owner, consisting of one sheet, 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 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 their 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 2 4865-9526-9289, v. 2 approval 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 approval 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-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 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 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. [SIGNATURE PAGE FOLLOWS] 3 4865-9526-9289, v. 2 AYES: Benton, Berg, Jacoby, Metts-Childers NAYS: None ABSTAIN: None ABSENT: Oppenheim, Shapiro PASSED: March 4, 2024 APPROVED: March 6, 2024 ORDINANCE NO. 0-24-11 r, Daniel C. -Shapiro, Mayor ATTEST: Kent S. Stree , Village Clerk 4 4865-9526-9289, v. 2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 34 IN NIXON-BLIETZ DEERFIELD DEVELOPMENT. UNIT NO. 1, BEING A SUBDIVISION OF PARTS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27 AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED OCTOBER 26, 1959 AS DOCUMENT 1049637, IN BOOK 34 OF PLATS, PAGE 147, IN LAKE COUNTY, ILLINOIS. P.I.N. 16-34-104-015-0000 Commonly known as: 725 Fox Hunt Trail, Deerfield, Illinois 4865-9526-9289, v. 2 EXHIBIT B FENCE PLANS 4865-9526-9289, v. 2 it CP to 4, ot4 � ij, I W,;, F-�- t� L-JM—JEL 11 EXHIBIT C UNCONDITIONAL A(..,,-REEA.-4ENT AND CONSENT -f:'. ......... --------------------------------------- -- ........ - LA ja D T' ' i Yr u r e.d, 1. i* � EREAr -ar dcENrcol... .... '� R i �„)PA L- F� � _ -r' 4 t V'l � la, '�y F� _�'J� � _���� � `t J I�i., i Y. c �� krr � Ja. (.ft■. ,)hc ,.L v_ _ti i■% . M..%.. �........ ....... ... " � y � +lry� }Jy � 1 +[} S 7�] 1 *tG ■ � "t r}� 3 []{ � � Y lr M -Iti {■] i �7J � - ti j � y ' ' ' ' c YYN 1 � Y F.• Y * _ •it �JL r� A � 4f � �a 1 ' 1 '.y� � .�. � •� � a N 1 -•h . �i �Y � o Y� inrL } � � _ l_ '� } + r � j + h. % d f i ti• i .y .'. .{ MJ 7J J_JLAa'�+.._.5J4 1. r. -.�_ �f . + �.r ■ 7,� ,I. .L_+. r~ Z i � G A S ()j-.L r --h- tri th a e' ll 44, Y A C. 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F 5[ - y] i .11s-) -U %X L s , � � �-� � ,1 �� � �'} � r ; i-i �• �j #S'i '�d, •Y F .+ _ � 111 a n-ke-b- e grk!:-%-Lntlng t 3-Orl., { : � x. .� , . . #(")N:.. _PAC" A. it a v, D'r ; -� fa ice_ .[• 7 __________ r + r �V 4a� +*• i_ f 1 f �L 7 f J._YF__ t{7, F r.-----------'-........................................,........-'---�-'---. ........................... NICHOLAS (','FARVEA iA , •-.a.a ...............■............... ............................. .{�.. ,,,,al Y�!.......................a............ �r l C'OURIPONEY WEILER