2006-0468/16/2006
ORDINANCE NO. 2006 - 46
0
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE
R -4 ONE - FAMILY DWELLING DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Lyubov Frumkin
15 Chestnut Terrace
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 -4
One Family Dwelling District; and,
WHEREAS, Lyubov Frumkin is the owner of the Property; and,
WHEREAS, the Village approved Ordinance No. 2000 -45 granting a special use to Lyubov
Frumkin to operate a child day care home at the Property, pursuant to the regulations of Section
17.28.060 of the Village's Zoning Ordinance; and,
WHEREAS, Lyubov Frumkin has petitioned to the Village for re- authorization of a special
use to continue operating a child day 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 August 2, 2006 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;
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; and,
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 4 to 1 to recommend re- authorization of the 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. A special use for a child day care home for the following legally described
property is hereby approved:
Lot 183 in the Woodlands at Fiore Unit 1, being a subdivision of part of the northwest quarter of
Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat
thereof recorded July 27, 1987 as Document Number 2594330, in Lake County, Illinois, commonly
known as 15 Chestnut Terrace.
Section 3. The special use is subject to the following conditions:
A. Petitioner shall comply with the standards set forth in Section 17.12.141
and Section 17.28.060.B.5 of the Village Zoning Ordinance.
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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 renew her Village business license pursuant to Village
regulations.
E. The special use does not authorize any use in violation of any covenants
running with the Property.
F. 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.
G. Petitioner shall maintain the Property in full compliance with Village
property maintenance standards at all times, as determined by the Village in
its sole discretion.
H. This special use shall only be available to Lyubov Frumkin and does not run
with the Property.
Section 4. This Ordinance shall be in full force and effect on and after its passage and
approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as
Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance
and Agreement form with the Village. This Ordinance shall not be codified.
AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling
NAYS: 0 - None
ABSENT: 1 - Rubin
PASSED: August 21, 2006
APPROVED: August 21, 2006
ATTEST:
illage Clerk
APPROVED:
ELLIOTT HARTSTEIN, Village President
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Petitioner acceptance and agreement concerning
the special use for a child day care home
in the R -4 District
15 Chestnut Terrace
Lyubov Frumkin does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations *set forth in Ordinance No. 2006 -46 duly passed and approved by the
Village of Buffalo Grove, Illinois granting a special use for a child day care home at 15 Chestnut
Terrace.
The undersigned acknowledges that she has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2006 -+6 , and does hereby acknowledge and consent to each and
all of the provisions, restrictions, and conditions of said Ordinance.
Lyubov Frumkin
15 Chestnut Terrace
Buffalo Grove, IL
Location Map: 15 Chestnut Terrace N
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'BUILDING & ZONING
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LOT 183 IN THE WOODLANDS AT FIORr- UNIT 1, BEING A SUBDIVISION OF
PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED JULY 27, 1987 AS DOCUMENT NUMBER 2594330,
IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS.
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