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2005-0356/16/2005 0 . . 0 ORDINANCE NO. 2005 - 35 AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -5A ONE - FAMILY DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Alena Baradzina 320 Thompson Boulevard WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ( "Property") hereinafter legally described is zoned in the R -5A One Family Dwelling District; and, WHEREAS, Alena Baradzina and Aliaksander Baradzin are the owners of the Property; and, WHEREAS, Alena Baradzina has petitioned to the Village for approval of a special use to operate a child cay care home at the Property; and, WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held on May 4, 2005 by the Buffalo Grove Plan Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Plan Commission made the following findings: 1. That the child day care use will serve the public convenience and will not be detrimental to, nor endanger the public health, safety, morals comfort or general welfare. 0 2 • 2. That the child day care use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair other property valuations within the neighborhood. 3. That the petitioner presented adequate evidence that the child day care use will be properly managed to minimize impacts on adjacent properties. 4. That there is adequate parking to serve the child day care use. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Plan Commission determined that the criteria and standards for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Plan Commission voted 8 to 0 to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that the requirements for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance have been met and 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, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning 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 ordinance approving a special use for a child day care home for the following legally described property: Lot 172 in Green Knolls Unit Number 3, being a subdivision in the east' /2 of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded February 24, 1978 as Document 1900248, in Book 64 of plats, pages 22, 23, 24 and 25 and as corrected by a certificate of correction recorded February 24, 1978 as Document 1900249 Lake County, Illinois. 0 • 3 Section 3. The special use is subject to the following conditions: A. Compliance with the standards set forth in Section 17.12.141 and Section 17.28.060.B.5 of the Village Zoning Ordinance. B. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The petitioner is required to apply to the Village for re- authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. C. The special use shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked, and the special use shall be automatically suspended if the license issued by DCFS is suspended. D. The petitioner shall obtain a Village business license. E. The special use does not authorize any use in violation of any covenants running with the Property. F. That no person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. 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, Kahn, Trilling, Rubin NAYS: 0 - None ABSENT: 0 - None PASSED: .Tune 20, 2005 APPROVED: ,Tune 20, 2005 0 ATTEST: C—AVillage Clerk 0 APPROVED: ELLIOTT HARTSTEIN, Village President 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 June 20, 2005 the Corporate Authorities of the Village passed and approved Ordinance No. 2005 -35 entitled: AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME AT 320 THOMPSON BOULEVARD ZONED IN THE R -SA DISTRICT provided by its terms that it should be published in pamphlet form. I- The pamphlet form of Ordinance No. 2005 -35, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing June 21, 2005, 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 21st day of June, 2005. Villao Clerk By 6/16/2005 ORDINANCE NO. 2005 - 35 AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -5A ONE - FAMILY DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Alena Baradzina 320 Thompson Boulevard WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ( "Property ") hereinafter legally described is zoned in the R -5A One Family Dwelling District; and, WHEREAS, Alena Baradzina and Aliaksander Baradzin are the owners of the Property; and, WHEREAS, Alena Baradzina has petitioned to the Village for approval of a special use to operate a child cay care home at the Property; and, WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held on May 4, 2005 by the Buffalo Grove Plan Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Plan Commission made the following findings: 1. That the child day care use will serve the public convenience and will not be detrimental to, nor endanger the public health, safety, morals comfort or general welfare. D 2 2. That the child day care use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair other property valuations within the neighborhood. 3. That the petitioner presented adequate evidence that the child day care use will be properly managed to minimize impacts on adjacent properties. 4. That there is adequate parking to serve the child day care use. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Plan Commission determined that the criteria and standards for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Plan Commission voted 8 to 0 to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that the requirements for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance have been met and 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, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning 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 ordinance approving a special use for a child day care home for the following legally described property: Lot 172 in Green Knolls Unit Number 3, being a subdivision in the east' /2 of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded February 24, 1978 as Document 1900248, in Book 64 of plats, pages 22, 23, 24 and 25 and as corrected by a certificate of correction recorded February 24, 1978 as Document 1900249 Lake County, Illinois. 3 Section 3. The special use is subject to the following conditions: A. Compliance with the standards set forth in Section 17.12.141 and Section 17.28.060.B.5 of the Village Zoning Ordinance. B. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The petitioner is required to apply to the Village for re- authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. C. The special use shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked, and the special use shall be automatically suspended if the license issued by DCFS is suspended. D. The petitioner shall obtain a Village business license. E. The special use does not authorize any use in violation of any covenants running with the Property. F. That no person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. 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, Kahn, Trilling, Rubin NAYS: 0 - None ABSENT: 0 - None PASSED: June 20, 2005 APPROVED: June 20, 2005 ATTEST: illage Clerk APPROVED: 9 2 W- I � �� ELLIOTT HARTSTEIN, Village President �A