2009-08112/7/2009
ORDINANCE NO. 2009 — 81
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE R -9A ZONING DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Aarthi Upadhyayulla
1347 Devonshire Road
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 -9A, and
is occupied by a single—family detached residence commonly known as 1347 Devonshire Road; and,
WHEREAS, Aarthi and Ravinder Upadhyayulla are the owners of the Property; and,
WHEREAS, Aarthi Upadhyayulla ( "Petitioner") who resides at the Property has petitioned to
the Village for a special use to operate a child day care home at the Property; and,
WHEREAS, notice of the public hearing concerning the petition for a special use was given,
and the public hearing was held on November 4, 2009 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;
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.
2
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 3 to recommend approval of a 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. The Corporate Authorities hereby adopt a proper, valid and binding ordinance
approving a special use for a child day care home for the following legally described property:
Lot 7 in Devonshire II in Buffalo Grove, being a subdivision of part of that part of the east V2 of the
southwest 1/a of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian, lying
north of the centerline of Illinois Route 83 and according to a plat thereof recorded April 27, 1978 as
document number 1913270 in the Village of Buffalo Grove, Lake County, Illinois.
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.
B. There shall be no on— street parking of vehicles dropping —off or picking —up
children at the day care home on the Property. Vehicles shall use the
driveway on the Property, and shall not encroach or park on the public
sidewalk adjoining the driveway.
C. Petitioner shall schedule drop —offs and pick —ups so that not more than two
vehicles using the day care service are at the Property at the same time.
3
D. The special use shall be in effect for a period of one (1) year 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, except that application shall be made prior to
expiration of the one —year approval granted by this Ordinance.
E. The special use shall be automatically revoked if the Petitioner fails, for any
reason, to have a valid license issued by the Illinois Department of Children
and Family Services (DCFS).
F. The petitioner shall obtain a Village business license prior to operation of the
child day care home.
G. The special use does not authorize any use in violation of any covenants
running with the Property.
H. 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.
I. 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.
J. This special use is granted to Aarthi Upadhyayulla 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:
NAYS:
ABSENT:
PASSED:
ATTEST:
e e
6 — Braiman, Glover, Trilling, Stone, Sussman, Hartstein
0 — None
1— Berman
December 7, 2009
Qo,,,,�,V1'YL .�i►�ww
Village Clerk
APPROVED: December 7, 2009
APPROVED-
ELLIOTT HARTSTEIN, Village President
5
EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for a child day care home
at 1347 Devonshire Road= zoned. R-94
Aarthi Upadhyayulla does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2009 -81 duly passed and approved by the
Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 1347
Devonshire Road.
The undersigned acknowledges that she has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2009 -81, and does hereby acknowledge and consent to each and
all of the provisions, restrictions, and conditions of said Ordinance.
i IQ o 09
Aarthi Upadhyayulla
1347 Devonshire Road
Buffalo Grove, IL 60089
Location Map: » >ih Q
1347 Devonshire Rd 60 40 60 lbo 3zo
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Ages of Children Served
DAY: 00 TO 12Y
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Mailing address for this facility {s Y
UPADHYAYULLA, A
1347 DEVONSHIRE RD
BUFFALO GROVE �
I L. 60089
DIRECTOR
2A— _31 NOT TRANSFERABLE — Supersedes al{ prior Ifcenses for type of care specified above.
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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, December
7, 2009
the Corporate
Authorities
of the Village
passed
and approved
Ordinance
No. 2009 -81,
AN
ORDINANCE
APPROVING A SPECIAL USE FOR A CHILD
DAY CARE HOME IN THE R -9A ZONING
DISTRICT VILLAGE OF BUFFALO GROVE
COOK AND LAKE COUNTIES, ILLINOIS Aarthi
Upadhvavulla 1347 Devonshire Road provided by its
terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2009 -81,
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 December
7, 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 8th day of
December, 2009.
MAP, 0 "ri
ViII4$e
12n12009
ORDINANCE NO. 2009 — 81
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE R -9A ZONING DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Aarthi Unadhvavulla
1347 Devonshire Road
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 -9A, and
is occupied by a single— family detached residence commonly known as 1347 Devonshire Road; and,
WHEREAS, Aarthi and Ravinder Upadhyayulla are the owners of the Property; and,
WHEREAS, Aarthi Upadhyayulla ( "Petitioner") who resides at the Property has petitioned to
the Village for a special use to operate a child day care home at the Property; and,
WHEREAS, notice of the public hearing concerning the petition for a special use was given,
and the public hearing was held on November 4, 2009 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'fndings:
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.
2
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 3 to recommend approval of a 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. The Corporate Authorities hereby adopt a proper, valid and binding ordinance
approving a. special use for a child day care home for the following legally described property--
Lot 7 in Devonshire 11 in Buffalo Grove, being a subdivision of part of that part of the east 1/2 of the
southwest 1/a of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian, lying
north of the centerline of Illinois Route 83 and according to a plat thereof recorded April 27, 1978 as
document number 1913270 in the Village of Buffalo Grove, Lake County, Illinois.
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.
B. There shall be no on- street parking of vehicles dropping -off or picking -up
children at the day care home on the Property. Vehicles shall use the
driveway on the Property, and shall not encroach or park on the public
sidewalk adjoining the driveway.
C. Petitioner shall schedule drop-offs and pick -ups so that not more than two
vehicles using the day care service are at the Property at the same time.
3
D. The special use shall be in effect for a period of one (1) year 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, except that application shall be made prior to
expiration of the one —year approval granted by this Ordinance.
E. The special use shall be automatically revoked if the Petitioner fails, for any
reason, to have a valid license issued by the Illinois Department of Children
and Family Services (DCFS).
F. The petitioner shall obtain a Village business license prior to operation of the
child day care home.
G. The special use does not authorize any use in violation of any covenants
running with the Property.
H. 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.
I. 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.
J. This special use is granted to Aarthi. Upadhyayulla 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:
NAYS:
ABSENT:
PASSED:
ATTEST:
6 — Braiman, Glover, Trilling, Stone, Sussman, Hartstein
0 — None
1— Berman
December 7. 2009
.ww
illage Clerk
APPROVED: December 7, 2009
APPROVED:
ELLIOTT HARTSTEIN, Village President
M ti
5
EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for a child day care home
at 1347 Devonshire Road= zoned R-94
Aarthi. Upadhyayulla does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2049 -81 duly passed and approved by the
Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 1347
Devonshire Road.
The undersigned acknowledges that she has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2009 -81, and does hereby acknowledge and consent to each and
all of the provisions, restrictions, and conditions of said Ordinance.
`A ia1ai IQ 0 09
Aarthi Upadhyayulla
1347 Devonshire Road
Buffalo Grove,lL 60089
Type of Facility
Y CARE HOME
DEPARTME
z
PRINT DAI
UPADHYAYULt
1347 .: DEVONs
Effective Dates ' , {
/08/2009 — 12/08/2 0I2
ea Used for Children -r
TIRE MAIN FLOOR. EXCL1
les of Children Served
bir "A
DAY: 00 TO 12Y
HOURS OPERATION: ;::47:00
filing address for this facility s-,
UPADHYAYULLA
1347 DEVONtHil
BUFFALO GROVE
S*4 «1 {t ✓Jl31.r�rr!htZr 41
:A
tate.Af lui0lis
OP CHILDREN AND FA
12/Y5/2009
MILY "SERVICES
493052 -01
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upervising;Chlld Welfare Agency
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fi.o.t?"
�7 •
°- DIRECTOR
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