2010-0406/16/2010
ORDINANCE NO. 2010 — 40
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE R-6A ZONING DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Mary Galison
331 Fox Hill Drive
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 -6A, and
is occupied by a single — family detached residence commonly known as 331 Fox Hill Drive; and,
WHEREAS, Eugene and Mary Galison are the owners of the Property; and,
WHEREAS, Mary Galison ( "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 May 19, 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;
3. That the petitioner presented adequate evidence that the child day care use will be
properly managed to minimize impacts on adjacent properties; and,
2
4. That there is adequate parking to serve the child day care use.
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 5 to 0 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 5 in Block 26 in Highland Point Unit 7, being a subdivision of part of the southwest quarter of
the southeast quarter of Section 28 and the northwest quarter of the northeast quarter of Section 33,
Township 43 North, Range 11 East, of the Third Principal Meridian, in 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. 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.
3
C. 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 (IL DCFS).
D. The license issued by the IL DCFS effective April 26, 2010 allows the
petitioner to receive six (6) children into the home for care. A maximum of
eight (8) children, including the petitioner's children residing at the home,
may be on the Property for child day care at any one time.
E. The petitioner shall not have any employees who do not reside at the property
without approval by the Village.
F. The petitioner shall comply with policies set forth by administrators at Tripp
Elementary School concerning the pedestrian routes that students are directed
to use when leaving the school.
G. The petitioner shall obtain a Village business license prior to operation of
the child day care home.
H. The special use does not authorize any use in violation of any covenants
running with the Property.
I. 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.
J. 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.
K. This special use is granted to Mary Galison 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.
n
•
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: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman
NAYS: 0 — None
ABSENT: 0 — None
PASSED: June 21, 2010 APPROVED: June 21, 2010
ATTEST:
_ atb"--
illage Clerk
I
APPROVED:
ELLIOTT HARTSTEIN, Village President
5
EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for a child day care home
at 331 Fox Hill Drive, zoned R -6A
Mary Galison does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2010-40 duly passed and approved by the
Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 331 Fox
Hill Drive.
The undersigned acknowledges that she has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2010-40, and does hereby acknowledge and consent to each and
all of the provisions, restrictions, and conditions of said Ordinance.
EIRENAOO KRAKSOMK'
NOTARY PUBLIC, STATE OF ILLINOIS
OMMISSION E , . 0513012012
SUBSCRIBED D SWORN TO
be me this y of /�� , 2010
Notary Public
Mary Gali n
331 Fox Hill Drive
Buffalo Grove, 11L 60089
Location Map: 33 Fox Hill Dr
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y
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, June 21, 2010 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2010 -40, AN ORDINANCE
APPROVINGA SPECIAL USE FOR A CHILD
DAY CARE HOME IN THE R -6A ZONING
DISTRICT, BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS, 331 FOX HILL DR.
provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No, 2010 -40,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
on June 22, 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 22nd day of
June, 2010.
6/16/2010
ORDIN b'�'CE NO. 2010 — 40
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE R-6A ZONING DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Mary Galison
331 Fox Hill Drive
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-6A, and
is occupied by a single — family detached residence commonly known as 331 Fox Hill Drive; and,
WHEREAS, Eugene and Mary Galison are the owners of the Property; and,
WHEREAS, Mary Galison ( "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 May 19, 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;
3. That the petitioner presented adequate evidence that the child day care use will be
properly managed to minimize impacts on adjacent properties; and,
7
4. That there is adequate parking to serve the child day care use.
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 5 to 0 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 5 in Block 26 in Highland Point Unit 7, being a subdivision of part of the southwest quarter of
the southeast quarter of Section 28 and the northwest quarter of the northeast quarter of Section 33,
Township 43 North, Range 11 East, of the Third Principal Meridian, in 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. 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.
3
C. 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 (IL DCFS).
D. The license issued by the IL DCFS effective April 26, 2010 allows the
petitioner to receive six (6) children into the home for care. A maximum of
eight (8) children, including the petitioner's children residing at the home,
may be on the Property for child day care at any one time.
E. The petitioner shall not have any employees who do not reside at the property
without approval by the Village.
F. The petitioner shall comply with policies set forth by administrators at Tripp
Elementary School concerning the pedestrian routes that students are directed
to use when leaving the school.
G. The petitioner shall obtain a Village )usiness license prior to operation of
the child day care home.
H. The special use does not authorize any use in violation of any covenants
running with the Property.
I. No person who has been convicted of a felony or n._ demeanor _. 0,
violence against a person shall be permitted to reside in the day care e,;i
any time, on a temporary or permanent basis, or otherwise be allowed to he
present in the day care home at any time when children are prescm. :�
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.
J. 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.
K. This special use is granted to Mary Galison 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.
4
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: 6 — Braiman, Glover, Berman, Trilling Stone Sussman
NAYS: 0 — None
ABSENT: 0 — None
PASSED: June 21, 2010 APPROVED: June 21, 2010
ATTEST:
illage Clerk
APPROVED:
ELLIOTT HARTSTEIN, Village President