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2009-026*ORDINANCE NO.2009- 26 GRANTING A VARIATION FROM SECTION 14.40.125 OF THE BUFFALO GROVE SIGN ORDINANCE Dengeos Restaurant, 195 West Dundee Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Dengeos, Inc., doing business as Dengeos Restaurant, is the owner of the hereinafter legally described real property commonly known as 195 West Dundee Road Buffalo Grove, Illinois; and WHEREAS, Dengeos, Inc. has requested a variation from the following section of the Village's Sign Code: Section 14.40.125, pertaining to Roof Signs, for the purpose of installing a roof sign on the north elevation of the building; and WHEREAS, the Zoning Board of Appeals has held a public hearing, received testimony, prepared minutes, made certain findings, and has made an affirmative recommendation on the said request for a variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that said variation is in harmony with the general purpose and intent of the Sign Ordi- nance, and that (1) the requirements of the Sign Ordinance would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting of the requested variance will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the variance will not be contrary to the general objective of this title of moderating the size, number and obtrusive placement of signs and the reduction of clutter. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: 0 Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. A variation is hereby granted to Section 14.40.125 of the Buffalo Grove Municipal Code to the Property legally described as follows: Lot 1 in Poppin Fresh Subdivision all of Lot 7 and the west 80 feet of Lot 8 also the west 150 feet of Lot 40 in Dun -Lo Highlands, being a Subdivision of the west half of the northwest 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 of Subdivision recorded May 14, 1976 as Document Number 23485876, in Cook County, Illinois. Commonly known as: 195 West Dundee Road, Buffalo Grove, Illinois for the purpose of installing a roof sign on the north elevation of the building located on the Property. Section 3. The variance shall be subject to the sign being installed pursuant to Exhibits "E1" and "E2" as submitted to the Zoning Board of Appeals. Section 4. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 — Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 — None ABSENT: 1 —Berman PASSED: May 18 , 2009. APPROVED:, May 18 2009. ATTEST: Village Clerk f:\rzl Ic \buffalogrove \title 14signs \sign5l \5 -05 -09 2 APPROVED: --X / 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, May 18, 2009 the Corporate Authorities of the Village passed and approved Ordinance No. 2009 -26, GRANTING A VARIATION FROM SECTION 14.40.125 OF THE BUFFALO GROVE SIGN CODE ORDINANCE — Dengeos Restaurant provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2009 -26, 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 May 19, 2009 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 19th day of May, 2009. Villa 6lerk By Y , . y ORDINANCE NO. 2009- 26 GRANTING A VARIATION FROM SECTION 14.40.125 OF THE BUFFALO GROVE SIGN ORDINANCE Dengeos Restaurant, 195 West Dundee Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Dengeos, Inc., doing business as Dengeos Restaurant, is the owner of the hereinafter legally described real property commonly known as 195 West Dundee Road Buffalo Grove, Illinois; and WHEREAS, Dengeos, Inc. has requested a variation from the following section of the Village's Sign Code: Section 14.40.125, pertaining to Roof Signs, for the purpose of installing a roof sign on the north elevation of the building; and WHEREAS, the Zoning Board of Appeals has held a public hearing, received testimony, prepared minutes, made certain findings, and has made an affirmative recommendation on the said request for a variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that said variation is in harmony with the general purpose and intent of the Sign Ordi- nance, and that (1) the requirements of the Sign Ordinance would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting of the requested variance will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the variance will not be contrary to the general objective of this title of moderating the size, number and obtrusive placement of signs and the reduction of clutter. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: 1 • s Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. A variation is hereby granted to Section 14.40.125 of the Buffalo Grove Municipal Code to the Property legally described as follows: Lot 1 in Poppin Fresh Subdivision all of Lot 7 and the west 80 feet of Lot 8 also the west 150 feet of Lot 40 in Dun -Lo Highlands, being a Subdivision of the west half of the northwest 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 of Subdivision recorded May 14, 1976 as Document Number 23485876, in Cook County, Illinois. Commonly known as: 195 West Dundee Road, Buffalo Grove, Illinois for the purpose of installing a roof sign on the north elevation of the building located on the Property. Section 3. The variance shall be subject to the sign being installed pursuant to Exhibits "E1" and `B2" as submitted to the Zoning Board of Appeals. Section 4. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 — Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 — None ABSENT: 1 —Berman PASSED: May 18 2009. APPROVED:, May 18 2009. ATTEST: Village Clerk f \rA16buffalogrove\title 14signs \sign51 \5 -05 -09 2 APPROVED: 1A0 4;-- Village President