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
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C'OURIPONEY WEILER