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2006-0488/16/2006 ORDINANCE NO. 2006 - 48 AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -4A ONE - FAMILY DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Regina Liberman - Diamond 371 Snrinaside Lane 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 -4A One Family Dwelling District; and, WHEREAS, Regina Liberman- Diamond is the owner of the Property; and, WHEREAS, the Village approved Ordinance No. 98 -71 granting a special use to Regina Liberman- Diamond 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, Regina Liberman- Diamond 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 u 2 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 47 in Block 4 in Strathmore in Buffalo Grove, Unit 5, being a subdivision in Section 32, Township 43 North, Range 11, East of the Third Principal Meridian in Lake County, Illinois, commonly known as 371 Springside Lane. 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. 3 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 Regina Liberman- Diamond 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:, -ou�: illage Clerk APPROVED: ELLIOTT HARTSTEIN, Village President 5 EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home in the R -4A District 371 Springside Lane Regina Liberman- Diamond 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 -48 duly passed and approved by the Village of Buffalo Grove, Illinois granting a special use for a child day care home at 371 Springside Lane. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2006 -48, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. 4"�" -- "461a� R gina Liberman- Diamond 371 Springside Lane Buffalo Grove, IL Location Map: 371 S ri p Sp ringside Lane 0 - 50 0 .200. 400 S I I T E 100 100. 300 T Prepared by the Division of Planning Services, 07/12/2005 H C_ .n Lr, 'r 3 5 91 F) )) 9 o c o o LN. �� 1 _y �`(,,� -�0 531 561 �� r �� �` ��0 5r v�J �, �� '1`�Cj n ' J 5�1 Jc 1 760 ?9'J 551 bk "O j A ', 401 2 ��� � 400 r� 0 391 3 31 330 4 3 1 b 5 �� �`�- X� y_ Q� 10 ID Willow U �� 9 Stream Park 361 W s ,�. s; 4 CT �c1 330 _ 5 R4* 320 `r „r 310 625 Buffalo Creek �, Q 8o J Nature Preserve D &� NECK 1 � f �. 1017 PROFENALS ASSOCIATED SURVEY, I 7106 N. TRIP DGFFffS: rty - Alta - Topo - Condo - M4h•tMe Surveys 15100 DD EERFIELD T•:.• 7101) N. TRIPP AVENUE 15 f0 OLD D$gRFIELD ROAD LiNCOI.NWOOD, ILLINOIS 60646 ` HIGHLAND PARK. ILLINOIS 60035 TEL: (847) 675 -3000 .,` JY. 1'EI,: (847) 831 -1200 FAX: (947) 675.2167 FAX: (847) 831 -9206 OF LOT 45 IN BLOCK 4 IN STRATHMORE IN BUFFALO GROVE, UNIT NUMBER 5, BEING A SUBDIVISION IN SECTION 32, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST 8, 1968 AS DOCUMENT NUMBER 1388714, IN BOOK 46 OF NORTH PLATS, PAGE-3.-IN LAKE COUNTY, ILLINOIS. Commonly known as: 371 Springdale Lane, Buffalo Grove, Illinois- '� �.. V...... 0 fir 035 -0028 t'!' / L✓CHECK (./I I1 SOX MEANS THAT SURVEY HAS SEEN BUILDING LINES PROFESSIONAL •.* AE LAND�. MADE FOR USE IN CONNECTION WITH A REAL ESTATE OR MDRTONOE tOAN AND EASEMENTS ARE SHOWN ONLY WHERE RECORDED IN THE MAPS, OTHERWISE REFERTO YOUR DEED OR SO AP A� NTS BEFORE BUILDING BY SAME AND AT ONCE REPORT ANY SURVEY FARE TRANSACDON AND IS NOT TO BE USED FOROp"5 T10N• DIMEN510NSARE MOTTO BE ASSUMED SlateollDlnols Countyot STATE alaN O S GI.. ILLIE0 FROM SCALING. Lake. ss. County of Cook �.• ke 35. '•...... Cook Order No. 298 — IZ611 -0 We, PROFESSIONALS ASSOCIATED SURVEY INC., do q 0 P P , ]PROFESSIONALS ASSOCIATED SURVEY INC., do hereby Sale: T loth 76 Net artlty that we the o the above ixoDerly. /q, ��1'� I:ertlly that survey dsoMbed F F Pty end that tM plat M d a survey. Date Max 12 , 1998 / - Ordered by To•K CniG PROF. IL. I PROF. IL LAND SURVEYOR- Aft rncv ct Low 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 August 21, 2006, the Corporate Authorities of the Village passed and approved Ordinance No. 2006 -48 entitled: 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 & LAKE COUNTIES, ILLINOIS Regina Liberman- Diamond, 371 Springside Lane provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2006 -48, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was August 22, 2006 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 22nd day of August, 2006. Vi e Clerk By 8/16/2006 ORDINANCE NO. 2006 - 48 AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -4A ONE - FAMILY DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Reizina Liberman - Diamond 371 Smingside Lane 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 -4A One Family Dwelling District; and, WHEREAS, Regina Liberman- Diamond is the owner of the Property; and, WHEREAS, the Village approved Ordinance No. 98 -71 granting a special use to Regina Liberman- Diamond 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, Regina Liberman- Diamond 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 2 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 Pfoperty 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 47 in Block 4 in Strathmore in Buffalo Grove, Unit 5, being a subdivision in Section 32, Township 43 North, Range 11, East of the Third Principal Meridian in Lake County, Illinois, commonly known as 371 Springside Lane. 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. 4 3 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 Regina Liberman- Diamond 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: . Q--Village Clerk 4 APPROVED: ELLIOTT HARTSTEIN, Village President E EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home in the R -4A District 371 Springside Lane Regina Liberman- Diamond does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forthdn Ordinance No. 2006 -48 duly passed and approved by the Village of Buffalo Grove, Illinois granting a special use for a child day care home at 371 Springside Lane. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2006 -48, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. n R gina Liberman- Diamond 371 Springside Lane Buffalo Grove, IL A Location Map: 371 Springside Lane 7 0 so o 200. 400 S I TE I � 300 T Prepared by the Division of Planning Services, 07/12/2006 n �' o o 5 91 l J'v fir' sJ �' cp 811 5 0 1 -6C 581 � LN. V CP D `�% ��1 • 1 5 71 5 . 561 560 CO r , ^ �� �'� z 770 8n 5 51 X41 UY kj(2 c� -� 911 S y, ', \�f �,:.�. 4 �. �'`, %' Ck!, . • "� n ' - fU 401 400 391 CT. 3 8 b 31 830 J ''� �� `" <r ' �G 2 ' 371 6 SQL\ `* 1 5 3 Willow 3 U 6, _ t' Stream Park �? 321 330 5 � ,ky _ X20 -'21 851 R 4 l� Buffalo Creek Q 310 825 Nature Preserve 80� D CNECK 1 CT —1- 101 PROFESSIONALS ASSOCIATED SURVEY, INC. LINCONY1WAOD OFFICE. Property - Alta - Topo - Condo - Mortgage Surveys - HIGHIAND PARK OFFIrF.- 7106 N. TR(PP AVENUE 1510 OLD DEERFIELD ROAD O1S 60646 �$Urvcv HIGHLAND PA1200 .fNOiS 60035 TEL: LAN 931-1200 FAX: (847) 675-2167 FAX: (947) 831 -9206 OF LOT 45 IN BLOCK 4 IN STRATHMORE IN BUFFALO GROVE, UNIT NUMBER 5, BEING A SUBDIVISION IN SECTION 32, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST 8, 1468 AS DOCUMENT NUMBER 1388714, IN BOOK 46 OF NORTH PLATS, PAGE-3. IN LAKE COUNTY, ILLINOIS. Commonly known as: 371 Springdale Lane, Buffalo Grove, Illinois. \1 ./... a. p% MEANS THAT SURVET HAS BEEN MADE FOR USE W CONNECTION WITH A REAL ESTATE OR AND 13 NOT TO BE USED DBAEN910Na ARE NOT TO SE ASSUMED FROM SCALING. Order No. °18 — IZG -11 —D Soale: 1lnch I6 feet Date max IZ Orderedby TO•T Chic Af4 rncY 01- Low 0URDING LINES AND EASEMENTS ARE SHOWN ONLY RECORDED IN THE MAPS, OTHERWISE REFER TO YOUR OF State of Inhale �••• Countyof fake. 33, County of Cook q We. IROMSSIONALS ASSOCIATED SURVEY INC., do ceSty lflat we On btWdi o tlIa above feoDBAy. PROF. IL. LAND SURVEYOR c. BEFORE BUADING BY SAME AND AT ONCE REPORT ANY 33. vROFESSIONALS ASSOCIATED SURVEY INC. dO t Wy bedity t hat •urv&Y deoedbed property alld elet PROF. IL LAND SURVEY R