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2010-0203/17/2010 • 1. . • ORDINANCE NO. 2010 — 20 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS VS Motorsports, Inc. 1637-39 Barclay Boulevard Rogers Center for Commerce —East WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ( "Property") attached hereto is zoned in the Industrial District as a Planned Unit Development pursuant to Ordinance No. 92-49; and, WHEREAS, Rogers Centre for Commerce -East LP is the owner of the Property; and, WHEREAS, VS Motorsports, Inc., as lessee of the Property, operates an automotive service and repair shop in a space of 3,492 square feet at 1637 -39 Barclay Boulevard, WHEREAS, VS Motorsports, Inc. has petitioned for approval of a special use to conduct accessory retail sales in an area of approximately 100 square feet in said lease space pursuant to Section 17.48.020.C.14 of the Industrial District regulations of the Village Zoning Ordinance; and, WHEREAS, VS Motorsports requests a variation of Section 17.48.020.C.14.a. of the Industrial District regulations of the Village Zoning Ordinance to sell products not manufactured on the premises; and, WHEREAS, the proposed retail use would be developed and operated in accordance with and pursuant to the following exhibits: EXHIBIT A EXHIBIT B EXHIBIT C • 2 Legal Description i Letter dated February 19, 2010 from Judy Von Sydow and Kris Von Sydow, VS Motorsports, Inc. Site location map of VS Motorsports lease space WHEREAS, notice of the public hearing concerning the petition for approval of the special use and variation concerning the sale of products not manufactured on the premises was given, and the public hearing was held by the President and Board of Trustees of the Village of Buffalo Grove; and, WHEREAS, the President and Board of Trustees determined that the criteria for a special use as set forth in Section 17.28.040 and the conditions set forth in Section 17.48.020.C.14 of the Village's Zoning Ordinance have been met, and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees determined that the variation to allow the retail sale of items not manufactured on the premises is appropriate based on the location and nature of the business, and the adequacy of roads and parking areas serving the use; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that 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, Development 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 accessory retail sales in an area of 100 square feet within the VS Motorsports lease space at 1637 -39 Barclay Boulevard, and approving a variation of Section 17.48.020.C.I 4.a. of the Village Zoning Ordinance to allow the sale of products not manufactured on the premises pursuant to Exhibit B attached hereto. Section 3. The special use and variation approved herein are granted only to VS Motorsports, Inc. The special use and variation do not run with the land and are not assignable. 9 Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: March 22, 2010 APPROVED: March 22, 2010 ATTEST: 1iY1. illage Clerk APPROVEED�: ELLIOTT•HARTSTEIN, Village President i r 4 EXHIBIT A Legal Description VS Motorsports, Inc. 1637-39 Barclay Boulevard Rogers Center for Commerce —East SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 of Rogers Centre for Commerce East a resubdivision of Lots 1, 2, and 3 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, pursuant to a plat of subdivision recorded September 11, 1992 as Document No. 3210626, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1637 -39 Barclay Boulevard, Buffalo Grove, IL PIN: 15 -27- 206 -017 Location Map: 1637 -39 Barclay Ivd Scale in Feet ® Site m ,o m p Map prepared by the Division of Planning Services, 3/17/2010 APTAKT IC RD LO Site CD n-j � I CD Ln LO CD Ln I 0 Ln LO Ln (0 Ln I C"? LO T i In 're A takisic Creek 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, March 08, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -20, AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFALO GROVE, COOK AND LAKE COUNTIES, ILINOIS, VS Motorsports, Inc. 1637 -39 Barclay Blvd. Rogers Center for Commerce - East provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No, 2010 -20, 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 March 08, 2010 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 23rd day of March, 2010. Ff IMF aM,1 3/17/2010 ORDINANCE NO. 2010 — 20 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS VS Motorsports, Inc. 1637 -39 Barclay Boulevard Rogers Center for Commerce —East WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ( "Property ") attached hereto is zoned in the Industrial District as a Planned Unit Development pursuant to Ordinance No. 92 --49; and, WHEREAS, Rogers Centre for Commerce -East LP is the owner of the Property; and, WHEREAS, VS Motorsports, Inc., as lessee of the Property, operates an automotive service and repair shop in a space of 3,492 square feet at 1637 -39 Barclay Boulevard, WHEREAS, VS Motorsports, Inc. has petitioned for approval of a special use to conduct accessory retail sales in an area of approximately 100 square feet in said lease space pursuant to Section 17.48.020.C.14 of the Industrial District regulations of the Village Zoning Ordinance; and, WHEREAS, VS Motorsports requests a variation of Section 17.48.020.C.14.a. of the Industrial District regulations Qf the Village Zoning Ordinance to sell products not manufactured on the premises; and, WHEREAS, the proposed retail use would be developed and operated in accordance with and pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Letter dated February 19, 2010 from Judy Von Sydow and Kris Von Sydow, VS Motorsports, Inc. EXHIBIT C Site location map of VS Motorsports lease space WHEREAS, notice of the public hearing concerning the petition for approval of the special use and variation concerning the sale of products not manufactured on the premises was given, and the public hearing was held by the President and Board of Trustees of the Village of Buffalo Grove; and, WHEREAS, the President and Board of Trustees determined that the criteria for a special use as set forth in Section 17.28.040 and the conditions set forth in Section 17.48.020.0.14 of the Village's Zoning Ordinance have been met, and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees determined that the variation to allow the retail sale of items not manufactured on the premises is appropriate based on the location and nature of the business, and the adequacy of roads and parking areas serving the use; an d, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that 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, Development 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 accessory retail sales in an area of 100 square feet within the VS Motorsports lease space at 1637 -39 Barclay Boulevard, and approving a variation of Section 17.48.020.C. 14.a. of the Village Zoning Ordinance to allow the sale ofproducts not manufactured on the premises pursuant to Exhibit B attached hereto. Section 3. The special use and variation approved herein are granted only to VS Motorsports, Inc. The special use and variation do not run with the land and are not assignable. 3 Sect= This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman Glover Berman Trilling, Stone Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: March 22 2010 APPROVED: March 22, 2010 ATTEST: APPROVED: illage Clerk ELLIOTT HARTSTEIN, Village President 4 EXHIBIT A Legal Description VS Motorsports, Inc- 1637-39 Barclay Boulevard Rogers Center for Commerce —East SUBJECT PROPERTY LEGAL DESCRIPTION: u °inessf Centres a Centre subdivision in Section 27, resubdivision of Lots 1, 2, and 3 in Arbor Creek B t to a plat of subdivision Township 43 North, Range 11 East of the Third Principal Meridian, p ursuanIllinois. recorded September 11, 1992 as Document No. 3210626, in Lake County, SUBJECT PROPERTY COMMON DESCRIPTION: 1637 -39 Barclay Boulevard, Buffalo Grove, IL PIN: 15-27-206-017