2009-0619/10/2009
ORDINANCE NO. 2009 -61
GRANTING VARIATIONS FROM CERTAIN SECTIONS
OF THE BUFFALO GROVE SIGN CODE
Cy's Crab House North, Inc. d /b /a Adam's Roadhouse Sports Bar & Grill, 301 Milwaukee
Avenue
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, request is being made by Cy's Crab House North, Inc. d /b /a Adam's Rib
& Ale House, 301 Milwaukee Avenue ( "Petitioner "), for variance of Sign Code, Section
14.20.030, pertaining to Business Districts; Section 14.20.070, pertaining to Ground Signs; and
Section 14.40.025, pertaining to Changeable Copy Signs, for the purpose of re- facing the
existing changeable copy ground sign to read "Adam's Roadhouse Sports Bar & Grill" with
"Off -Track Betting OTB ". The size and changeable copy portion of the sign will not change;
and
WHEREAS, the Zoning Board of Appeals has held a public hearing, received
testimony, prepared minutes, made certain findings, and has made an affirmative recommen-
dation on the said request for variations; and
WHEREAS, Cy's Crab House North, Inc., an Illinois corporation, is the beneficiary
of the owner of the hereinafter legally described Property which owner is Park National Bank,
as successor trustee to Cosmopolitan Bank and Trust 1DOUQUM Trust Number 30812 & NOT PERSONALLY
( "Owner "); and
WHEREAS, Cy Koorosh Sadeghi is the President and sole shareholder of Cy's Crab
House North, Inc., and has sole power of direction of said Trust Number 30812; and
WHEREAS, Cy Koorosh Sadeghi, as said President, sole shareholder and as holder of
said power of direction, on behalf of the Owner has voluntarily and of his own volition
requested of the Village that the changeable copy portion of the subject sign be limited to the
promotion of advertising of food specials at the restaurant and hours of operation of the
restaurant on the Property; and
1
WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby
determine and find that said variations are in harmony with the general purpose and intent of
the Sign Ordinance, and that (1) the requirements of the Sign Code 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 variances 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 variances will
not be contrary to the general objective of the Sign Code 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:
Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate
Authorities and made a part hereof.
Section 2. Variations are hereby granted to Sections 14.20.030, 14.20.070 and
14.40.025 of the Buffalo Grove Municipal Code to the Property legally described as follows:
Parcel 1: Lots 3, 4 and 5 (except the southerly 15 feet of Lot 5) in Block 2 in Unit
Number 2 in Columbian Gardens, being a Subdivision in Section 35, Township 43 north,
Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded
July 11, 1926 as Document 282352, in Book "P" of Plats, Page 92, in Lake County
Illinois. and
Parcel 2: Lots 1 and 2 in Block 2 in Unit Number 2 in Columbian Gardens, being a
Subdivision in Section 35, Township 43 north, Range 11, east of the Third Principal
Meridian, according to the Plat thereof recorded July 11, 1926 as Document 282352, in
Book "P" of Plats, Page 92, in Lake County Illinois.
for the purpose of re- facing the existing changeable copy ground sign to read "Adam's Sports
Bar & OTB ". The size and changeable copy portion of the sign will not change.
Section 3. The variations are subject to the following condition:
a. The sign needs to conform to the dimension details as shown on
Zoning Board of Appeals Exhibit "E ".
2
CI
0
C. The changeable copy portion of the sign will be limited to the
promotion or advertising of food specials at the restaurant and hours of
operation of the restaurant.
d. The base of the sign is required to be landscaped. The landscaping
provided shall be of the type of materials designed to cover the legs of
the sign on a year round basis. Final approval of the landscaping
materials is at the sole discretion of the Village.
e. Subject to the Village Engineer's memorandum dated July 8, 2009.
Section 4. The variations granted by this Ordinance are granted solely to the subject
sign and the Owner. The variations do not run with the Property and are not transferable or
assignable to any person or entity and may not be used by any other person or entity. Any
change in ownership of the Petitioner or Owner shall void said variations.
Section 5. This Ordinance shall be in effect from and after its passage and approval,
subject to execution by the representative of the Owner and Petitioner of the Acceptance and
Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof and the
filing of said Agreement and Agreement with the Village. This Ordinance shall not be codified.
AYES: 4 — Braiman, Glover, Berman, Trilling
NAYES: 2 — Stone, Sussman
ABSENT: 0 — None
PASSED: September 8, 2009.
APPROVED: September 8, 2009.
ATTEST:
illage Clerk
3
��%�
Exhibit A
Petitioner and Owner Acceptance and Agreement
Cy's Crab House North, Inc., an Illinois corporation, and Park Nationa alt aj c�s
trustee to Cosmopolitan Bank and Trust Trust Number 30812/1 o hereby accep an
agree to abide by and be bound by each of the terms, conditions and limitations set forth in
Ordinance No. 2009 -61 duly passed and approved by the Village of Buffalo Grove, Illinois
authorizing variations to the sign located on the Property described in said Ordinance.
The undersigned acknowledges that they have read and understand all of the terms and
provisions of said Buffalo Grove Ordinance No. 2009 -61, and do hereby acknowledge and
consent to each and all of the provisions, restrictions, and conditions of said Ordinance.
The commitment herein made by the undersigned shall be enforceable by the Village of
Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies
available to the Village to secure compliance with the provisions, requirements, and conditions
agreed to herein.
Cy's Crab House North, Inc,
By:
Sig e of Cy Koorosh Sadeghi, President and sole shareholder
Park National Bank, as successor trustee to •QW0NORWAV
and Trust 0MROW , Trust Number 30812 / wi h so a ower o irection
FOR SIGNATURES, NOTARY AND EXCULPATORY PROVISIONS OF
TRUSTEE SEE RIDER ATTACHED HERETO WHICH IS EXPRESSLY
By: (print name) INCORPORATED HEREIN AND MADE A PART HEREOF
Signature / Title:
M
This ORDINANCE NO. 199-61 GRANTING VARIATION *OM CERTAIN
SECTIONS OF THE BUFFALO GROVE SIGN CODE is executed by PARK
NATIONAL BANK, not personally, but solely as Trustee, in exercise of the power
and authority conferred upon and vested in it as such Trustee. All the terms,
provisions, stipulations, covenants and conditions to be performed by PARK
NATIONAL BANK are undertaken by it solely as Trustee, as aforesaid, and not
individually, and all statements herein made are made on information and belief and
are to be construed accordingly, and no personal liability shall be asserted or be
enforceable against PARK NATIONAL BANK by reason of any of the terms,
provisions, stipulations, covenants, conditions, and/or statements contained in this
instrument.
IN WITNESS WHEREOF, PARK NATIONAL BANK, not personally, but as Trustee
as aforesaid, has caused these presents to be signed by its Trust Officer and Land
Trust Administrator this 8 `11 day of October, 2009.
PARK NATIONAL BANK, AS SUCCESSOR TRUSTEE to
COSMOPOLITAN BANK AND TRUST,
AS TRUSTEE AS AFORESAID AND NOT PERSONALLY.
ATTEST:
- 0t�
Land Trust Administrator -
Danielle McKinley
1t
Subscribed and Sworn to before me
This 8"' day of October, 2009.
"OFFICIAL, SEAL"
Vivian A. Milon
Notary public, State of [llinm
QU,/
My Commission Exp. 06105/2010
No ry Public
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, September 8, 2009 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2009 -61, Granting Variations from
Certain Sections of the Buffalo Grove Sign Code
provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No. 2009 -61,
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 October
13'h, 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 13th day of
October, 2009.
V #ge Clerk
�`f ` a
By
ORDINANCE NO. 2009 -61
GRANTING VARIATIONS FROM CERTAIN SECTIONS
OF THE BUFFALO GROVE SIGN CODE
9/10/2009
Cy's Crab House North, Inc. d /b /a Adam's Roadhouse Sports Bar & Grill, 301 Milwaukee
Avenue
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, request is being made by Cy's Crab House North, Inc. d /b /a Adam's Rib
& Ale House, 301 Milwaukee Avenue ( "Petitioner's, for variance of Sign Code, Section
14.20.030, pertaining to Business Districts; Section 14.20.070, pertaining to Ground Signs; and
Section 14.40.025, pertaining to Changeable Copy Signs, far the purpose of re- facing the
existing changeable copy ground sign to read "Adam's Roadhouse Sports Bar & Grill" with
"Off -Track Betting OTB ". The size and changeable copy portion of the sign will not change;
and
WHEREAS, the Zoning Board of Appeals has held a public hearing, received
testimony, prepared minutes, made certain findings, and has made an affirmative recommen-
dation on the said request for variations; and
WHEREAS, Cy's Crab House North, Inc., an Illinois corporation, is the beneficiary
of the owner of the hereinafter legally described Property which owner is Park National Bank,
as successor trustee to Cosmopolitan Bank and Trust Trust Number 30812 & NOT PERSONALLY
( "Owner "); and
WHEREAS, Cy Koorosh Sadeghi is the President and sole shareholder of Cy's Crab
House North, Inc., and has sole power of direction of said Trust Number 30812; and
WHEREAS, Cy Koorosh Sadeghi, as said President, sole shareholder and as holder of
said power of direction, on behalf of the Owner has voluntarily and of his own volition
requested of the Village that the changeable copy portion of the subject sign be limited to the
promotion of advertising of food specials at the restaurant and hours of operation of the
restaurant on the Property; and
1
WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby
determine and find that said variations are in harmony with the general purpose and intent of
the Sign Ordinance, and that (1) the requirements of the Sign Code 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 variances 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 variances will
not be contrary to the general objective of the Sign Code 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:
Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate
Authorities and made a part hereof.
Section 2. Variations are hereby granted to Sections 14.20.030, 14.20.070 and
14.40.025 of the Buffalo Grove Municipal Code to the Property legally described as follows:
Parcel 1: Lots 3, 4 and 5 (except the southerly 5 feet of Lot 5) in Block 2 in Unit
Number 2 in Columbian Gardens, being a Subdivision in Section 35, Township 43 north,
Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded
July 11, 1926 as Document 282352, in Book "P" of Plats, Page 92, in Lake County
Illinois. and
Parcel 2: Lots 1 and 2 in Block 2 in Unit Number 2 in Columbian Gardens, being a
Subdivision in Section 35, Township 43 north, Range 11, east of the Third Principal
Meridian, according to the Plat thereof recorded July 11, 1926 as Document 282352, in
Book "P" of Plats, Page 92, in Lake County Illinois.
for the purpose of re- facing the existing changeable copy ground sign to read "Adam's Sports
Bar & OTB ". The size and changeable copy portion of the sign will not change.
Section 3. The variations are subject to the following condition:
a. The sign needs to conform to the dimension details as shown on
Zoning Board of Appeals Exhibit "E ".
2
C. The changeable copy portion of the sign will be limited to the
promotion or advertising of food specials at the restaurant and hours of
operation of the restaurant.
d. The base of the sign is required to be landscaped. The landscaping
provided shall be of the type of materials designed to cover the legs of
the sign on a year round ba;;is. Final approval of the landscaping
materials is at the sole discretion of the Village.
e. Subject to the Village Engineer's memorandum dated July 8, 2009.
Section 4. The variations granted by this Ord:: once are granted solely to the subject
sign and the Owner. The variations do not run with the Property and are not transferable or
assignable to any person or entity and may not be used by any other person or entity. Any
change in ownership of the Petitioner or Owner shall void said variations.
Section 5. This Ordinance shall be in effect from and after its passage and approval,
subject to execution by the representative of the Owner and Petitioner of the Acceptance and
Agreement attached hereto as Exhibit A, incorpoi-.ted herein and made a part hereof and the
filing of said Agreement and Agreement with the Village. This Ordinance shall not be codified.
AYES: 4 — Braiman, Glover Be—;nan Tri7 "ate_
NAYES: 2 — Stone, Sussman
ABSENT: 0 — None
PASSED: September 8, 2009.
APPROVED: September 8, 2009.
ATTEST:
illage Clerk
3
AP
Village ?resident
Exhibit A
Petitioner and Owner Acceptance and Agreement
Cy's Crab House North, Inc., an Illinois corporation, and Park Nationa]_afta$�ucocgr
trustee to Cosmopolitan Bank and Trust Trust Number 3081 o ere y accept an
agree to abide by and be bound by each of the terms, conditions and limitations set forth in
Ordinance No. 2009 -61 duly passed and approved by the Village of Buffalo Grove, Illinois
authorizing variations to the sign located on the Property described in said Ordinance.
The undersigned acknowledges that they have read and understand all of the terms and
provisions of said Buffalo Grove Ordinance No. 2009 -61, and do hereby acknowledge and
consent to each and all of the provisions, restrictions, and conditions of said Ordinance.
The commitment herein made by the undersigned shall be enforceable by the Village of
Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies
available to the Village to secure compliance with the provisions, requirements, and conditions
agreed to herein.
Cy's Crab House North, Inc,
By:
Sign re of Cy Koorosh Sadeghi, President and sole shareholder
Park National Bank, as successor trustee to _Qsgggp�$p.
and Trust , Trust Number 30812 / w< so a ower o erection
FOR SIGNATURES, NOTARY AND EXCULPATORY PROVISIONS OF
B TRUSTEE SEE RIDER ATTACHED HERETO WHICH IS EXPRESSLY
Y:(p rintname 7 INCORPORATED HEREIN AND MADE A PART HEREOF
Signature / Title:
4
This ORDINANCE NO. 2009 -61 GRANTING VARIATIONS FROM CERTAIN
SECTIONS OF THE BUFFALO GROVE SIGN CODE is executed by PARK
NATIONAL BANK, not personally, but solely as Trustee, in exercise of the power
and authority conferred upon and vested in it as such Trustee. All the terms,
provisions, stipulations, covenants and conditions to be performed by PARK
NATIONAL BANK are undertaken by it solely as Trustee, as aforesaid, and not
individually, and all statements herein made are made on information and belief and
are to be construed accordingly, and no personal liability shall be asserted or be
enforceable against PARK NATIONAL BANK by reason of any of the terms,
provisions, stipulations, covenants, conditions, and/or statements contained in this
instrument.
IN WITNESS WHEREOF, PARK NATIONAL BANK, not personally, but as Trustee
as aforesaid, has caused these presents to be signed by its Trust Officer and Land
Trust Administrator this 8t' day of October, 2009.
PARK NATIONAL BANK, AS SUCCESSOR TRUSTEE to
COSMOPOLITAN BANK AND TRUST,
AS TRUSTEE AS AFORESAID AND NOT PERSONALLY.
ATTEST:
Land Trust Administrator -
Danielle McKinley
uXV11!
Subscribed and Sworn to before me
This 8`I' day of October. 2009.
"OFFICIAL, SEAL"
Vivian A. I n
QU_/ A No Public. State of 11inois
My Cummission Exp. 0610512010
No Public