2008-07510/28/2008
ORDINANCE NO. 2008 — 75
AN ORDINANCE REAUTHORIZING THE 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 R-4; and is
occupied by a single — family detached residence commonly known as 15 Chestnut Terrace; and,
WHEREAS, Lyubov Frumkin is the owner of the Property; and,
WHEREAS, the Village approved Ordinance No. 2006 -46 granting a special use to operate
a child day care home at the Property for a period of two years; and,
WHEREAS, Lyubov Frumkin ( "Petitioner ") has petitioned to the Village for reauthorization
of the special use approved by Ordinance No. 2006 -46 to continue operating the child cay care
home at the Property; and,
WHEREAS, the Village has reviewed the request for reauthorization of the special use
pursuant to Section 17.28.060.C. of the Village Zoning Ordinance, including notification of adjacent
property owners and inspection of the Property; and,
WHEREAS, Village staff reviewed pertinent information concerning the child day care
home, and based on the petitioner's record of compliance with applicable regulations and the fact
that no adjacent property owners have filed complaints or objections to the child day care operation,
staff has filed a report to the Village Board recommending reauthorization of the special use for
another two -year period; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
determined that based on the report and recommendation by Village staff, the child day care home on
2
the Property is operating in compliance with applicable Village regulations and is not creating
nuisances or other impacts on adjacent properties.
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 reauthorizing the special use for the child day care home for the following legally
described property:
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. 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 continue to renew her Village business license in
compliance with Village standards and procedures.
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
3
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 is granted to Lyubov Frumkin as an individual. Said special
use does not run with the Property and is not granted to any business entity.
Said special use is not transferable to another person or entity, and may not be
used by any other person or entity.
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: 4 — Braiman, Berman, Kahn, Trilling
NAYS: 0 — None
ABSENT: 2 — Glover, Rubin
PASSED: November 3, 2008
APPROVED: November 3, 2008
ATTEST: APPROVED:
illage Clerk ELLIOTT HARTSTEIN, Village President
E
0
EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for the child day care home
at 15 Chestnut Terrace, zoned R -4
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. 2008- 75duly passed and approved by the
Village of Buffalo Grove, Illinois reauthorizing the special use for the 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. 2008 -75, 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 60089
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 3, 2008 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2008 -75 AN ORDINANCE
REAUTHORIZING OF A SPECIAL USE TO OPERATE A
CHILD DAY CARE HOME AT 15 CHESTNUT TERR.,
ZONED R -5A provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2008 -75,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on November
4, 2008 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 4th day of
November, 2008.
Village a rk
aer'v t4
By
4-
10/28/2008
ORDINANCE NO. 2008 — 75
AN ORDINANCE REAUTHORIZING THE 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 R-4, and is
occupied by a single — family detached residence commonly known as 15 Chestnut Terrace; and,
WHEREAS, Lyubov Frumkin is the owner of the Property; and,
WHEREAS, the Village approved Ordinance No. 2006 -46 granting a special use to operate
a child day care home at the Property for a period of two years; and,
WHEREAS, Lyubov Frumkin ( "Petitioner ") has petitioned to the Village for reauthorization
of the special use approved by Ordinance No. 2006 -46 to continue operating the child cay care
home at the Property; and,
WHEREAS, the Village has reviewed the request for reauthorization of the special use
pursuant to Section 17.28.060.C. of the Village Zoning Ordinance, including notification of adjacent
property owners and inspection of the Property; and,
WHEREAS, Village staff reviewed pertinent information concerning the child day care
home, and based on the petitioner's record of compliance with applicable regulations and the fact
that no adjacent property owners have filed complaints or objections to the child day care operation,
staff has filed a report to the Village Board recommending reauthorization of the special use for
another two -year period; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
determined that based on the report and recommendation by Village staff, the child day care home on
2
the Property is operating in compliance with applicable Village regulations and is not creating
nuisances or other impacts on adjacent properties.
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 Pais Ordinance.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance
ordinance reauthorizing the special use for the child day care home for the following legally
described property:
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. 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 continue to renew her Village business license in
compliance with Village standards and procedures.
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
3
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 is granted to Lyubov Frumkin as an individual. Said special
use does not run with the Property and is not granted to any business entity.
Said special use is not transferable to another person or entity, and may not be
used by any other person or entity.
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: 4 — Braiman, Berman, Kahn, Trilling
NAYS: 0 —None
ABSENT: 2 — Glover, Rubin
PASSED: November 3, 2008
APPROVED: November 3, 2008
ATTEST: APPROVED:
<;
"-Village Clerk ELLIOTT HARTSTEIN, Village President