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O-04-081 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-08 AN ORDINANCE GRANTING VARIATIONS FOR CERTAIN PROPERTY COMMONLY KNOWN AS 510 BRIERHILL ROAD Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18th day of February , 2004. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of February , 2004. 5'725468 \O, i 0 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5725468 FILED FOR RECORD BY: MARY ELLEN LIANDERVENTER LAKE COUNTY: IL RECORDER 01/27/2005 - 02:46:15 P.M. RECEIPT A: 205592 DRAWER 17 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -04 -08 entitled "An Ordinance Granting Variations for Certain Property Commonly Known as 510 Brierhill Road" as appears in the records and files of the office of the Village Clerk. Dated this February 17, 2004 i AS � .r� Village Clerk im Submitted by:, Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5'725468 1� VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-08 AN ORDINANCE GRANTING VARIATIONS FOR CERTAIN PROPERTY COMMONLY KNOWN AS 510 BRIERHILL ROAD WHEREAS, the owners ( "Petitioners ") of the property legally described in Section 1 hereof and commonly known as 510 Brierhill Road (the "Subject Property ") have petitioned for a variation from the requirements of Article 2.02 -D, l of the Zoning Ordinance of the Village of Deerfield for a reduction of the 177 -foot average front yard setback applicable to the Subject Property to permit the construction of a 2 -story addition to the rear of the existing single- family house on the Subject Property which will encroach into the average 177.0 -foot front yard setback by 8.19 feet; and, WHEREAS, the Petitioners have further petitioned for a variation from the requirements of Article 2.02 -D,1, and for a variation from the requirements of Article 4.01 -F,3,b of the Zoning Ordinance of the Village of Deerfield to permit the construction of a one -story garage addition to the east elevation of the existing single- family house on the Subject Property extending 5.57 feet into the required 10 -foot north side yard setback, and extending 70.04 feet into the required average established front yard setback of 177.0 feet from Brierhill Road; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on December 2, 2003 to consider said petition, said hearing being held pursuant to public notice duly given and published as required by statute and conforming in all respects, in of manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, 5 r 25468 WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board of Trustees of the Village of Deerfield containing its written findings that the requested variations conform to . the standards for variations set forth in Article 13:07 -E of the Zoning Ordinance of the Village of Deerfield, and recommending that the President and Board of Trustees grant the requested variations; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the findings of fact and recommendations of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees with respect to the following described property (the "Subject Property"): Lot 13 in Brierhill, a Subdivision of the West Half (1/2) of the East Half (1/2) of the Northeast Quarter (1/4) (except the North 8.10 Chains thereof) and the North 594.60 feet of the East 60 feet of the East Half (1/2) of the West Half (1/2) of the Northeast Quarter (1/4)' of Section 33, Township 43 North, Range 12 East of the Third Principal Meridian, in Lake County, Illinois. SECTION 2: That the petitioners have proven to the satisfaction of the Board of Zoning Appeals and the Board of Trustees that strict enforcement of the average established front yard setback requirement of Article 2.02 -13,1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 3: That the petitioners have proven to the satisfaction of the Board of Trustees that strict enforcement of the side yard setback requirements. of Article 4.01 -F, Paragraph 3,b of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. 2 5 125468 SECTION 4: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1 of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a two -story addition to the west elevation of the existing single- family residence on the Subject Property extending approximately 8.19 feet into the established front yard setback of 177.0 feet from Brierhill Road, provided that such addition shall be constructed and maintained in strict accordance with and to the extent depicted on the plans and exhibits attached hereto as Exhibit A. SECTION 5: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1 of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a one -story garage addition to the east elevation of the existing single - family residence on the Subject Property extending 70.04 feet into the average established front yard setback of 177.0 feet from Brierhill Road, provided that such garage addition shall be constructed and maintained in strict accordance with and to the extent depicted on the plans and exhibits listed on Exhibit B attached hereto. SECTION 6: That a variation from the strict provisions of Article 4.01 -F, Paragraph 3,b of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a one -story garage addition to the east elevation of the existing single- family residence on the Subject Property extending 5.57 feet into the required 10 -foot north side yard setback, provided that such garage addition shall be constructed and maintained in strict accordance with and to the extent depicted on the plans and exhibits listed on Exhibit B attached hereto. SECTION 7: That said variations are hereby granted subject to strict compliance with the requirements and conditions of this ordinance, with all applicable provisions of the Zoning 5 125468 Ordinance of the Village of Deerfield, and with all other applicable codes and ordinances of the Village of Deerfield. SECTION 8: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non- preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 9: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 17th day of February 2004. AYES: Benton, Kayne, Seiden, Swanson (4) NAYS: Rosenthal, Wylie (2) 5'25468 to Exhibit A Exhibits to an Ordinance Granting Variations for Certain Property Commonly Known as 510 Brierhill Road 1. Site Plan for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 2. First Floor Plan for The Sacks Residence dated 12.18.03, by Myefski Cook Architects, Inc. 3. Second Floor Plan for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 4. East Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 5. North Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 6. South Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 7. West Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 8. The private landscape commitment dated February 17, 2004 made by the petitioner to the abutting property owners immediately north of the subject property to buffer the north property line of the property. 5'725468 TO : Village of Deerfield Board of Trustees FROM : Richard Harris Sacks, Louise E. Sacks RE : Notarized Undertaking provided to "Bender" Counsel (510 Brierhill Road — Variance Request) DATE : February 17, 2004 Attached please find documentation that was hand delivered to the offices of Berle Schwartz. Mr. Schwartz has been acting as counsel to Ruby & Harvey Bender with respect to our variance requests. Enclosed you will find the following; 1) Notarized Undertaking; and, 2) Copy of Fed -Ex Airbill(YELLOW COPY); and, 3) Federal Express Proof of Receipt(YELLOW COPY) Thank you for your time and attention in this matter. 1 r' U 5'7254E8 UNDERTAIUNG 1. Louise and Richard Sacks (hereinafter referred to as the "Petitioners ") reside at 510 Brierhill Road, Deerfield, IL 60015. 2. Petitioners have been seeking building code variances to enable them to increase the size of their residence. 3. The Petitioner's residence is bordered to the north by 520 Brierhill Road. The residents of 520 Brierhill Road are Mr. & Mrs. Harvey Bender (hereinafter referred to as the "Bender's "). 4. The Bender's contend that the existing plans as submitted to the City of Deerfield will have a deleterious effect on the southwesterly view from their residence. 5. The Bender's have expressed a desire that new and increased landscaping be placed along the common boundary between their property and their Petitioner's. 6. In the rear of Petitioner's property there presently exists a distance of 91 feet of common boundary between the 52 foot pre- existing fence erected by the Bender's and a densely wooded area that exists in the most westerly 126 feet of the Petitioner's property. The common boundary is currently demarcated by a fieldstone wall approximately .5 foot in height. 7. Petitioners undertake to'expend the sum of Ten Thousand & 00 /100 Dollars ($ 10,000.00) to more fully landscape the portion of the common boundary described in Item 6. The new landscaping will be placed on the Petitioner's side of the common boundary. The purpose of the new landscaping will be both to further demarcate the Petitioner's property from the Bender's as well as lessen the impact of the Petitioner's proposed newly constructed residence on the Bender's sightlines. Page 1 of 2 5'725468 1� 8. Petitioner agrees to make the expenditures described in Item 7. no later than twelve (12) months from the completion of the proposed construction project due to the uncertainty in which season the construction will be concluded. Petitioner will will make every effort to commence planting along the area described in Item 6. as soon as possible within the constrictions of seasonal considerations. 9. Petitioners have agreed to submit this Undertaking despite having previously received a majority of votes from the City of Deerfield ZBA and the Deerfield Village of Board of Trustees on all variance requests previously voted upon in a continuing effort to reach a harmonious resolution with the Bender's. READ & AGREED: NOTARY PUBLIC STATE OF it -1-441615 ) )ss. COUNTY OF CDUjL ) Louise E. Sacks On this l I t� day of - �.€0 , 2004 before me personally came &A- a Wall Stu KS ° l ug 54txs , who, being duly sworn to me, acknowledged that they executed the foregoing instrument for the uses and purposes therein stated. otary Public My Commission Expires: 1 U.66 SEAL OFFICIAL SEAL ARY J. ERASER PUBLIC, STATE OF ILLINOIS ISSION EXP IRES 4.12.2006 Page 2 of 2 5'725468 D i 200 FbCEX. LISA Airbill Fad& Express Numb. 8349 9 617 3499 1 From PNaaamendraaahmd 2/11/04 SendersFedEx Date Account Number 1712-4925-3 Senders Nam, RICHARD H. SACKS Phone(847 i 564 -5655 CompanyPHOENIX ADVIEWRY CO IhlC Address 70 / SKOid I E BLVD S I E 200 OWNTI— ts,itaaom gyNORTHBROOK state IL zip 60062 2 Your Internal Billing Reference 1 n DF Tin NnL B ivatte ihamtmia°.aPea on made. ender 3 To Name BERLE SCh�'IARTZ Phone 847 ) 433 -1600 7 Company LAW OFFICES of BERLE SCHWARTZ Address 1910 FIRST STREET ro•HMVMFNrak,cadm aka Fad&edmsa We amend" to P.a hoasm P.O. MP coda Address Oept/aomrsude�AOOm CZ\:) city HIGHLAND PARK State IL zip 60035 By using!W Abhill you agree to the service canditions on the back olthis Ahill and in our current Service Guide, including terms that limit our liability. ❑ Fed�nnc:i vennight w Diaaay cmmaln and rlmy h. u� in ama enai ❑ FedEx Standard Overnight ❑ FedEx Frst Overnight Netthusima etmrrloan- Emlea neat husima rtlmlilp dmnrmy m aelam loceeons FedEx 2Day ❑ FedEx Express Sever hudnmday Thlyd husilmd I �ecand "' — _ FedEx Envihoe rem nm rvalema MWmmn chvae:One•ommdm J 4b Express Freight Service Packages over 150tbs j Odkoy —unim moray h°kmrberne eras ❑ FedEx 100 Freight* FedEx 2Day Freight ❑ FedEx 3DaV Frei ht Neu WShcea dal ❑Second 9 husimadey Thiel wminm day ' Cee for Carlfmmatlon: rI a 5 Packaging •oerfaraeawaumassm of �i DONdExEnvelope' ❑ FedEx Pak'• Q Other i a Im"a reds Sral Pak Feta large Pik and Fadb Sally Pak ^s 6 Special Handling �— tncImInFedExaddirmI.Samlmrl SAMMAYOafi" HOLD Weekday HOLD Seturda ❑ Available ONLY for ❑ atFed ExLocatim ❑ atFedExLocation rn o� O,wnK d end NOT Available for A4roilahlo ONLY tm FadEa 7arym slam aP coda -01 <i Does this shipnrefd in dangerous goad7� FW& ZD;iym .011, m! r� 1 Ow box Watbo ckcIted. No Yes T � 65 a0 da elan ❑ ❑ ❑ ❑ Dr� Ice As pere.0 Ory ^ m Shipper's 0edemtlm, not reguked %% UN 1645 a kg j Deno°°° caa d- NxidwMY1.1cmm,mndNip*,Ferd&WJmM ❑ Cargo AircraftOnly Ti � 7 Payment eiita B! r— Eats FedFx Aca No. m 6adh lord No. balm ❑ Sender ❑ Recipient ❑ Third Party ❑ Credit Card F-1 Cash/Check Acct Na m Sao. Sam I wig he tWlaa 'y i x. F E Acct Na : = D�CaNNn cam rrs Total Padmgas TOW Total Declared VaWet z $ .00 !� to Eabill; ' to Sam unlen ymrd I ae higher- eebackfor damns.' FedEx Use Only 8 ReleasrWgture sync say ammaaa Questions? Visit our Web site atfedex.com 447 �° eg e m k dam dly e d hold s harmless from any resulting claim or call 1200.Ga.FedE7l® 800.463.3339. 02 1 8 5 5420 5 SRS-ft-r- Dam 10101 'I'm 01578IDS.d71e94 -7001 FedU-PNINIED IN NSA Fri Feb 13 13:28:59 2004 F G Sun IsoFax Page 2 of 2 FedEx Express U.S. Mail: R7 Box 727 Telephone 901- 389 -36M Gustomer Support Memphis, TN 36194+1843 Domesfi c Trace 3876 Airways Boulevard Module H, 4th Floor Mernphis, TN 38116 Express February 13,2004 RICHARD SACKS (847) 291 -6743 Dear RICHARD SACKS: Our records reflect the following delivery information for the shipment with the tracking number 834996173499. The package was released as authorized by the shipper/recipient- Delivery Information: I Released By: R. SACKS Delivered to: 1910 FIRST ST STE 300 Delivery Date: February 12, 2004 Delivery Time: 01:34 PM Shipping Information: Shipment Reference Information: BENDER Tracking No: 834996173499 Shipper: RICHARD H SACKS PHOENIX ADVISORY CO It 707 SKOKIE BLVD STE 201 NORTHBROOK, IL 6006228 US Ship Date: February 11, 2004 Recipient: BERLE SCHWARTZ LAW OFFICE OF BERLE SCHWARTZ 1910 FRIST STREET HIGHLAND PARK, IL 6003! US Thank you for choosing FedEx Express - We look forward to working with you in the future. FedEx Worldwide Customer Service 1- 800- Go-FedEx (1 -800- 463 -3339) Reference No: 82004021300121765380 This Information is provided subject to the FedEx Service Guide. 5'25468 02 -13 -04 14:21 TO:PHOENIY ADVISORY CO FROM: P02 1 4 1 1 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-08 AN ORDINANCE GRANTING VARIATIONS FOR CERTAIN PROPERTY COMMONLY KNOWN AS 510 BRIERHILL ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of February , 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18th day of February , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-08 AN ORDINANCE GRANTING VARIATIONS FOR CERTAIN PROPERTY COMMONLY KNOWN AS 510 BRIERHILL ROAD WHEREAS, the owners ( "Petitioners ") of the property legally described in Section 1 hereof and commonly known as 510 Brierhill Road (the "Subject Property ") have petitioned for a variation from the requirements of Article 2.02 -D,1 of the Zoning Ordinance of the Village of Deerfield for a reduction of the 177 -foot average front yard setback applicable to the Subject Property to permit the construction of a 2 -story addition to the rear of the existing single - family house on the Subject Property which will encroach into the average 177.0 -foot front yard setback by 8.19 feet; and, WHEREAS, the Petitioners have further petitioned for a variation from the requirements of Article 2.02 -D,1, and for a variation from the requirements of Article 4.01 -F,3,b of the Zoning Ordinance of the Village of Deerfield to permit the construction of a one -story garage addition to the east elevation of the existing single- family house on the Subject Property extending 5.57 feet into the required 10 -foot north side yard setback, and extending 70.04 feet into the required average established front yard setback of 177.0 feet from Brierhill Road; and, WHEREAS, the Board of Zoning Appeals of the Village of Deerfield held a public hearing on December 2, 2003 to consider said petition, said hearing being held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board of Trustees of the Village of Deerfield containing its written findings that the requested variations conform to the standards for variations set forth in Article 13.07 -E of the Zoning Ordinance of the Village of Deerfield, and recommending that the President and Board of Trustees grant the requested variations; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the findings of fact and recommendations of the Board of Zoning Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees with respect to the following described property (the "Subject Property"): Lot 13 in Brierhill, a Subdivision of the West Half (1/2) of the East Half (1/2) of the Northeast Quarter (1/4) (except the North 8.10 Chains thereof) and the North 594.60 feet of the East 60 feet of the East Half (1/2) of the West Half (1/2) of the Northeast Quarter (1/4) of Section 33, Township 43 North, Range 12 East of the Third Principal Meridian, in Lake County, Illinois. SECTION 2: That the petitioners have proven to the satisfaction of the Board of Zoning Appeals and the Board of Trustees that strict enforcement of the average established front yard setback requirement of Article 2.02 -D,1, of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 3: That the petitioners have proven to the satisfaction of the Board of Trustees that strict enforcement of the side yard setback requirements of Article 4.01 -F, Paragraph 3,b of the Zoning Ordinance of the Village of Deerfield will pose practical difficulty or unnecessary hardship as applied to the Subject Property unless varied as provided herein. SECTION 4: That a variation from the strict provisions of Article 2.02 -D, Paragraph 1 of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a two -story addition to the west elevation of the existing single- family residence on the Subject Property extending approximately 8.19 feet into the established front yard setback of 177.0 feet from Brierhill Road, provided that such addition shall be constructed and maintained in strict accordance with and to the extent depicted on the plans and exhibits attached hereto as Exhibit A. SECTION 5: That a variation from the strict provisions of Article 2.02 -D; Paragraph 1 of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a one -story garage addition to the east elevation of the existing single - family residence on the Subject Property extending 70.04 feet into the average established front yard setback of 177.0 feet from Brierhill Road, provided that such garage addition shall be constructed and maintained in strict accordance with and to the extent depicted on the plans and exhibits listed on Exhibit B attached hereto. SECTION 6: That a variation from the strict provisions of Article 4.01 -F, Paragraph 3,b of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property so as to permit the construction of a one -story garage addition to the east elevation of the existing single- family residence on the Subject Property extending 5.57 feet into the required 10 -foot north side yard setback, provided that such garage addition shall be constructed and maintained in strict accordance with and to the extent depicted on the plans and exhibits listed on Exhibit B attached hereto. SECTION 7: That said variations are hereby granted subject to strict compliance with the requirements and conditions of this ordinance, with all applicable provisions of the Zoning Ordinance of the Village of Deerfield, and with all other applicable codes and ordinances of the Village of Deerfield. SECTION 8: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 9: That this' Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 17th day of February 2004. AYES: Benton, Kayne, Seiden, Swanson (4) NAYS: Rosenthal, Wylie (2) Exhibit A Exhibits to an Ordinance Granting Variations for Certain Property Commonly Known as 510 Brierhill Road 1. Site Plan for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 2. First Floor Plan for The Sacks Residence dated 12.18.03, by Myefski Cook Architects, Inc. 3. Second Floor Plan for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 4. East Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 5. North Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 6. South Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 7. West Elevation for The Sacks Residence dated 12.19.03, by Myefski Cook Architects, Inc. 8. The private landscape commitment dated February 17, 2004 made by the petitioner to the abutting property owners immediately north of the subject property to buffer the north property line of the property. TO : Village of Deerfield Board of Trustees FROM : Richard Harris Sacks, Louise E. Sacks RE : Notarized Undertaking provided to "Bender" Counsel (510 Brierhill Road — Variance Request) DATE : February 17, 2004 Attached please find documentation that was hand delivered to the offices of Berle Schwartz. Mr. Schwartz has been acting as counsel to Ruby & Harvey Bender with respect to our variance requests. Enclosed you will find the following: 1) Notarized Undertaking; and, 2) Copy of Fed -Ex Airbill(YELLOW COPY); and, 3) Federal Express Proof of Receipt(YELLOW COPY) Thank you for your time and attention in this matter. r .i UNDERTAKING 1. Louise and Richard Sacks (hereinafter referred to as the "Petitioners ") reside at 510 Brierhill Road, Deerfield, IL 60015. 2. Petitioners have been seeking building code variances to enable them to increase the size of their residence. 3. The Petitioner's residence is bordered to the north by 520 Brierhill Road. The residents of 520 Brierhill Road are Mr. & Mrs. Harvey Bender (hereinafter referred to as the "Bender's "). 4. The Bender's contend that the existing plans as submitted to the City of Deerfield will have a deleterious effect on the southwesterly view from their residence. 5. The Bender's have expressed a desire that new and increased landscaping be placed along the common boundary between their property and their Petitioner's. 6. In the rear of Petitioner's property there presently exists a distance of 91 feet of common boundary between the 52 foot pre- existing fence erected by the Bender's and a densely wooded area that exists in the most westerly 126 feet of the Petitioner's property. The common boundary is currently demarcated by a fieldstone wall approximately .5 foot in height. 7. Petitioners undertake to expend the sum of Ten Thousand & 00 /100 Dollars ($ 10,000.00) to more fully landscape the portion of the common boundary described in Item 6. The new landscaping will be placed on the Petitioner's side of the common boundary. The purpose of the new landscaping will be both to further demarcate the Petitioner's property from the Bender's as well as lessen the impact of the Petitioner's proposed newly constructed residence on the Bender's sightlines. Page 1 of 2 8. Petitioner agrees to make the expenditures described in Item 7. no later than twelve (12) months from the completion of the proposed construction project due to the uncertainty in which season the construction will be concluded. Petitioner will will make every effort to commence planting along the area described in Item 6. as soon as possible within the constrictions of seasonal considerations. 9. Petitioners have agreed to submit this Undertaking despite having previously received a majority of votes from the City of Deerfield ZBA and the Deerfield Village of Board of Trustees on all variance requests previously voted upon in a continuing effort to reach a harmonious resolution with the Bender's. READ & AGREED: NOTARY PUBLIC STATE OF iL 4A1615 ) )ss. COUNTY OF 60K, ) Louise E. Sacks On this 11 () day of A.PY , 2004 before me personally came i -MIS SiuKS ° InarSg g_ Smes , who, being duly sworn to me, acknowledged that they executed the foregoing instrument for the uses and purposes therein stated. I k otary Public My Commission Expires: 14�d SEAL OFFICIAL SEAL GARY J. FRASER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 4.12.2006 Page 2 of 2 n ^AY ` 200 C ® USA Airbill Fed` x� Traaklne 1, 7 3499 Express Numhar 8349 9 6 1-From PhemPrmaMWazrna LL 4a Express Package Service Parka as ro 1501bs SendersFedEx { 2/11/04 pal w y pa m m. 4 laarin sera a ua Date Account Number 1712- 4995 -3 ❑ FedEx Priority Overnight ❑ FadEx Standard Ovemight ❑ FedExFrstOvemight i Narthusinesammning Next business ahemppn' Eadiestn First Overnight desaery m some mcmiora Senders RICHARD H. SACKS Name Phone(847 1 564 -5655 mFedEx2Day ❑ F.buski press Saver ecoW business dry ThiN hummss day �- Fed& EmM pe mm nm evaeehle. Minimum chorea Onapauntl rem —� Com_panyPHOENIX ADVIED Y CQ INC 4b Express Freight Service Packages over 19lh& DdNM cmnmt, ,may be labor in lama arose ❑ FedEx IDayFreight* ❑ FedEx4DayFreight ❑ FdEx313%Freight Y c: _ _ N.busk'm ay Second husv _ day Third busnen day r- I Address 707 E9 Ild 't E BLVD S I E 200 room c�madan: al Oept/FloodSuimraomn C ity h10RTHBROOK ;� 5 Packaging oaPm ad vehereo 7300 ` state IL zip 6006 XXFedEx Envelope* ❑ FedEx Pek• ❑ Other Includes FedEx Smae Pak FedFx A 2 Your internal Billing Reference "Bender" OPTIONAL large Pek and FedEx Sturdy Pak 21 Fktti/chusctenwaappear on more Bender 6 Special Handling �- ewe em secUunI 3 TO SARMYOelivety HOLD Weekday HOLD Sawrde ea RecipierlCs BERLE SCh�IARTZ ❑ �AvdaiPeb a OvN�otmor d ❑' at FedEx Location ❑ at FedEX Locauan 1 0 l Nome Phone 1 847 433 -1600 FedE,weyma.IwZ1Pcod. NOTAvaitabtefor Avallablik ONLY for � FedEx I=Owmigm Fe dEx Pdoriry evendemend Dees this shl FedFx7Drymalap bcadonr �! pmmrt contain dangerous goods? T .' LAW OFFICES of BERLE SCHWARTZ r -- Yeebex bechocked. —� Company ❑ No ❑ Yes ❑ Yes ❑ D Ice ^ T { Shi PP � oe leredan neat �uu eeLlBf°°0" orv�ce.a UN IeaS x ire a Dang °FmodsrmebaneayicelceaIcabe ftp.d; FWD ParkeM ❑ Cargo Aircraft Only �! Address 1910 FIRST STREET 7 Payment Bill ra e Ta'Ha1D'at FedEx toeerinn pdmFad&sddmas We camtdewarbo P.O. km Of P.O. ZIP codas. (- - Eaw FedEx ACCT Na or Gadh Cud Nu below. —� as. ❑ Sender ❑ Recipient ❑ Third Party ❑Credit Card ❑ Cash/Check ~ Address Accc Nain secdon o I will be billed. OepUHoa/suxa/Aaom NdE. Acct Na =� creda City HIGHLAND PARK State IL _ amNa ZIP 6 0 0 s 5 Total Packages Total W ght Total Declared Valuet , < oe a m S .00 !� Try t 1 1 1 1 t tourliabilily' f $100unlemmyoud eahigherva eebackfordmeils.' FedEx Use Only 8 Releas Fag.t.0 afore a away aaa� 'j By using this Airbill you agree to the service conditions on the back of this Airbill and in our current Service Guide, including terms that gmrt our liability. Questions? VisitourWeb site atfedexcom eutlwrueusbode girth' 'plasm abminingaid nemre 4 4 f ddale yend hold harmless from any resulting clams. ar call l.800.Go.FadEx®e0g.463.3M. _ 0218554205' ' =3 Se$•eev. oala IIW I •Pen II576I06•m1996 -2001 FedEx-PRINTED IN U.S.A. 0 Fri Feb 13 13:28:59 2004 FedEx Express Customer Support Domestic Trace 3676 Airways Boulevard Module N, 4th Floor Memphis, TN 38118 R)C[&. Express Stan IsoFax Page 2 of 2 U.S. Mail: PO Box 727 Telephone 901- 369 -3800 Memphis, TN 36194.4843 February 13,2004 RICHARD SACKS (847) 291 -6743 Dear RICHARD SACKS: Our records reflect the following delivery information for the shipment with the tracking number 834996173499. The package was released as authorized by the shipper /recipient. Delivery Information: Released By: R. SACKS Delivered to: 1910 FIRST ST STE 300 Delivery Date: February 12, 2004 Delivery Time: 01:34 PM Shipping Information: Shipment Reference Information: BENDER Tracking No: 834996173499 Shipper: RICHARD H SACKS r PHOENIX ADVISORY CO INC 707 SKOKIE BLVD STE 200 NORTHBROOK, IL 600622837 US Ship Date: February 11, 2004 Recipient: BERLE SCHWARTZ LAW OFFICE OF BERLE SC H WARTZ 1910 FRIST STREET HIGHLAND PARK, IL 6003! US Thank you for choosing FedEx Express. We look forward to working with you in the future. FedEx Worldwide Customer Service 1- 800- Go-FedEx (1 -800- 463 -3339) Reference No: R2004021300121765380 This Information is provided subject to the FedEx Service Guide. 62 -13-04 14:21 TO:PHOENIX ADVISORY CO FROM: P02