2003-07510/15/2003
o �
ORDINANCE NO. 2003 - 7 5
AN ORDINANCE APPROVING REZONING TO THE
R-4A ONE - FAMILY DWELLING DISTRICT
AND APPROVING A PRELIMINARY PLAN,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Niminski property
936 Betty Drive
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, Nicholas T. Niminski and Patricia A. Niminski are the owners (hereinafter
referred to as "Owner ") of the real property legally described in EXHIBIT A ( "Property")
attached hereto; and
WHEREAS, the north portion of the Property as described in attached EXHIBIT A is
zoned in the B -1 Limited Retail Business District; and,
WHEREAS, the south portion of the Property as described in attached EXHIBIT A is
zoned in the R -4A One - Family Dwelling District pursuant to Ordinance No. 95 -102; and,
WHEREAS, Owner has petitioned to the Village for rezoning of the north portion of the
Property to the R -4A District and for approval of a Preliminary Plan for two lots for the
development of two single - family detached homes pursuant to the following exhibits:
EXHIBIT A Legal Description
EXHIBIT B Preliminary Plan ( "Plat of Survey ") (not dated)
EXHIBIT C Preliminary Engineering Plan dated as last revised
August 6, 2003
EXHIBIT D Narrative concerning proposed plan (81/2 xl 1 -inch)
EXHIBIT E Floor plans and elevations of proposed houses dated
September 27, 2003 by New Horizons, Inc.
WHEREAS, notice of public hearing concerning the rezoning and Preliminary Plan was
given and the hearing was held by the Buffalo Grove Plan Commission; and,
WHEREAS, the Plan Commission determined, pursuant to findings based on the
testimony at the public hearing, that rezoning of the Property and approval of the Preliminary
Plan, including variations of the Village Development Ordinance, are appropriate for the
Property and that the proposed development would be compatible with adjacent properties; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that the use of the Property on the terms and conditions herein set forth would enable
the Village to control development of the area and would serve the best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLIOIS:
Section 1. This Ordinance is made pursuant to and in accordance with the Village's
Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Ordinance.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving rezoning to the R -4A District for the north portion of the Property and
approval for the development of two (2) single - family detached homes on the Property.
Section 3. Development of the Property is subject to the following conditions:
A. Variations of the Development Ordinance are granted as follows:
Section 16.50.070.D.2.: To defer widening the pavement of Betty Drive
from twenty (20) feet to the Village standard of twenty -four (24) feet;
Section 16.50.070.I.: To defer required curb and gutter along Betty Drive.
B. Owner shall comply with applicable Village regulations, including
submittal of an engineering plan, final plat and execution of a
Development Improvement Agreement pursuant to the Village
Development Ordinance.
C. Prior to land grading or other development on the Property, Owner shall
obtain the Village Forester's approval for the removal of any trees on the
Property.
0 0
D. The architectural appearance and building materials for the proposed
homes are subject to Village review and approval, and plans for said
homes shall be submitted as required by the Village Appearance Plan.
E. Owner shall pay to the Village $3,000.00 for 200 lineal feet of street curb
and gutter, $750.00 for 50 square yards of pavement widening and
$1,000.00 for street surfacing in lieu of constructing said improvements
pursuant to the requirements of the Development Ordinance. Said
payments shall be made at the time that the final plat is submitted to the
Village for approval.
F. Any portion of the Property not under construction or completed shall be
maintained in a neat and orderly condition as determined by the Village
Manager.
G. Any changes or amendments to the plans approved herein are subject to
Village approval, and the Village will determine if additional public
hearings are necessary for proposed changes or amendments.
Section 4. This Ordinance shall be in full force and effect on and after its passage and
approval. This Ordinance shall not be codified.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAPES: 0 - None
ABSENT: 0 - None
PASSED: November 17, 2003
APPROVED: November 17, 2003
ATTEST: APPROVED:
Village Clerk ELLIOTT HARTSTEIN, Village President
A �
EXHIBIT A
Legal Description
936 Betty Drive
The east 100 feet of Lot 71 and the east 100 feet of Lot 72 in Dun Lo Highlands, being a
subdivision of the west one -half of the northwest one - quarter (except the south 25 acres
thereof) in Section 9, Township 42 North, Range 11 East, of the Third Principal
Meridian, according to the plat thereof recorded October 15, 1946 as Document
13916670 in Cook County, Illinois.
The area to be rezoned to R -4A is comprised of Lot 71 and the north 12 feet of Lot 72
described above.
SUBJECT PROPERTY COMMON DESCRIPTION: 936 Betty Drive
EXHIBIT D
PLAT OF SURVEY
936 BETTY BUFFALO GROVE IL.
NORTH LOT 100 FEET WIDE 100 FEET DEEP
REAR SETBACK FROM LOT LINE IS 30FT
FRONT SETBACK FROM LOT LINE IS 30FT
NORTHSIDE SETBACK FROM LOT LINE IS 12FT
SOUTHSIDE SETBACK FROM LOT LINE IS 40FT
SOUTH LOT 100FOOT WIDE 100 FEET DEEP
REAR SETBACK FROM LOT LINE IS 30FT
FRONTSETBACK FROM LOT LINE IS 30FT
NORTHSIDE SETBACK FROM LOT LINE IS 32FT
SOUTHSIDE SETBACK FROM LOT LINE IS 18FT
BOTH HOMES ARE SET APART AS TO CREATE A SIDE YARD BECAUSE THE
REAR YARD IS SMALLER
AND WOULD CREATE A MORE OPEN FEELING.
ALL PINE TREE ON WEST SIDE OF BOTH LOTS WOULD REMAIN.
t
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on November 17, 2003 the,
Corporate Authorities of the Village passed and
approved Ordinance No. 2003 -75 entitled: AN
ORDINANCE APPROVING REZONING TO THE R -4A
DISTRICT AND APPROVAL Of A PRELIMINARY PLAN,
NIMINSKI PROPERTY, 936 BETTY DRIVE which provided
by its terms that it should be published in pamphlet
form.
The pamphlet form of Ordinance No. 2003 -75
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, November 18, 2003 and
continuing for at least ten days thereafter. Copies of
such Ordinance were also available for public
inspection upon request in the Office of Village
Clerk.
Dated at Buffalo Grove, Illinois, this 18th day of
November, 2003.
Vi &e Clerk 0
By
.T
10/15/2003
ORDINANCE NO. 2003 - 7 5
AN ORDINANCE APPROVING REZONING TO THE
R 4A ONE - FAMILY DWELLING DISTRICT
AND APPROVING A PRELIMINARY PLAN,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Niminski property
936 Betty Drive
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, Nicholas T. Niminski and Patricia A. Niminski are the owners (hereinafter
referred to as "Owner ") of the real property legally described in EXHIBIT A ( "Property ")
attached hereto; and
WHEREAS, the north portion of the Property as described in attached EXHIBIT A is
zoned in the B -1 Limited Retail Business District; and,
WHEREAS, the south portion of the Property as described in attached EXHIBIT A is
zoned in the R -4A One - Family Dwelling District pursuant to Ordinance No. 95 -102; and,
WHEREAS, Owner has petitioned to the Village for rezoning of the north portion of the
Property to the R -4A District and for approval of a Preliminary Plan for two lots for the
development of two single - family detached homes pursuant to the following exhibits:
EXHIBIT A Legal Description
EXHIBIT B Preliminary Plan ("Plat of Survey ") (not dated)
EXHIBIT C Preliminary Engineering Plan dated as last revised
August 6, 2003
EXHIBIT D Narrative concerning proposed plan (8 %2 x11 -inch)
2
EXHIBIT E Floor plans and elevations of proposed houses dated
September 27, 2003 by New Horizons, Inc.
WHEREAS, notice of public hearing concerning the rezoning and Preliminary Plan was
given and the hearing was held by the Buffalo Grove Plan Commission; and,
WHEREAS, the Plan Commission determined, pursuant to findings based on the
testimony at the public hearing, that rezoning of the Property and approval of the Preliminary
Plan, including variations of the Village Development Ordinance, are appropriate for the
Property and that the proposed development would be compatible with adjacent properties; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that the use of the Property on the terms and conditions herein set forth would enable
the Village to control development of the area and would serve the best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLIOIS:
Section 1. This Ordinance is made pursuant to and in accordance with the Village's
Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Ordinance.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving rezoning to the R -4A District for the north portion of the Property and
approval for the development of two (2) single - family detached homes on the Property.
Section 3. Development of the Property is subject to the following conditions:
A. Variations of the Development Ordinance are granted as follows:
Section 16.50.070.D.2.: To defer widening the pavement of Betty Drive
from twenty (20) feet to the Village standard of twenty -four (24) feet;
Section 16.50.070.I.: To defer required curb and gutter along Betty Drive.
B. Owner shall comply with applicable Village regulations, including
submittal of an engineering plan, final plat and execution of a
Development Improvement Agreement pursuant to the Village
Development Ordinance.
C. Prior to land grading or other development on the Property, Owner shall
obtain the Village Forester's approval for the removal of any trees on the
Property.
3
D. The architectural appearance and building materials for the proposed
homes are subject to Village review and approval, and plans for said
homes shall be submitted as required by the Village Appearance Plan.
E. Owner shall pay to the Village $3,000.00 for 200 lineal feet of street curb
and gutter, $750.00 for 50 square yards of pavement widening and
$1,000.00 for street surfacing in lieu of constructing said improvements
pursuant to the requirements of the Development Ordinance. Said
payments shall be made at the time that the final plat is submitted to the
Village for approval.
F. Any portion of the Property not under construction or completed shall be
maintained in a neat and orderly condition as determined by the Village
Manager.
G. Any changes or amendments to the plans approved herein are subject to
Village approval, and the Village will determine if additional public
hearings are necessary for proposed changes or amendments.
Section 4. This Ordinance shall be in full force and effect on and after its passage and
approval. This Ordinance shall not be codified.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - N
ABSENT: 0 - None
PASSED:
November
17,
2003
APPROVED:
November
17,
2003
ATTEST: APPROVED:
Village Clerk ELLIOTT HARTSTEIN, Village President
EXHIBIT A
Legal Description
936 Betty Drive
The east 100 feet of Lot 71 and the east 100 feet of Lot 72 in Dun Lo Highlands, being a
subdivision of the west one -half of the northwest one - quarter (except the south 25 acres
thereof) in Section 9, Township 42 North, Range 11 East, of the Third Principal
Meridian, according to the plat thereof recorded October 15, 1946 as Document
13916670 in Cook County, Illinois.
The area to be rezoned to R -4A is comprised of Lot 71 and the north 12 feet of Lot 72
described above.
SUBJECT PROPERTY COMMON DESCRIPTION: 936 Betty Drive
A
KEMMERLY & NIMINSKI PARCELS
Kemmerly Parcel, Approx. 1.35 Acres
Niminski Parcel, Approx. 0.46 Acres
Village of Buffalo Grove
Unincorporated Cook County
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