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2010-0510 9/7/201 OA ORDINANCE NO. 2010- 51 0 AN ORDINANCE AMENDING VILLAGE ORDINANCE NO. 2010 -48 GRANTING A FENCE VARIATION FOR CAMBRIDGE ON THE LAKE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property ( "Property ") hereinafter legally described is zoned in the R -9 District, commonly known as 50, 100, 125, 150, 175, 200, 225, and 250 Lake Blvd., and is occupied by six multi - family residential buildings represented by a single Homeowners Association (hereinafter sometimes referred to as "Cambridge on the Lake Homeowners Association "); and, WHEREAS, Cambridge on the Lake Homeowners Association originally requested a variation of the Village Fence Code Section 15.20.040 to allow the installation of a six (6) foot white PVC fence on the east, south and west perimeters of the Property; and, WHEREAS, the Zoning Board of Appeals held a public hearing, received testimony, prepared minutes, made certain findings, and made an affirmative recommendation on the request for variation; and, WHEREAS, an appeal of the decision of the Zoning Board of Appeals decision was made to the Corporate Authorities; and, WHEREAS, Cambridge on the Lake Homeowners Association modified their original request for a variation to the installation of a six (6) foot scalloped wood fence on the east, south and west perimeters of the Property; and WHEREAS, the Corporate Authorities approved Ordinance 2010 -048 allowing the six (6) foot scalloped wood fence subject to specific conditions and Exhibits; and, WHEREAS, Cambridge on the Lake Homeowners Association is requesting an amendment to Ordinance 2010 -048 to allow the installation of a six (6) foot straight edge wood fence on the east, south and west perimeters of the Property; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove, hereby determine and find (i) that sufficient evidence has been present that meets the requirements for a variation 1 in Section 15.20.110, and (ii) that the variation request for a six (6) foot wood fence is in harmony with the general purpose and intent of the Village's Fence Code. 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. Village of Buffalo Grove Ordinance No. 2010 -48 is hereby amended by amending Section 3 of said Ordinance to read as follows: Section 3. The variation is subject to the condition that fence to be installed shall be a six (6) foot straight edge board on board style fence as depicted in Exhibit "A" attached hereto. Section 3. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover; Berman, Trilling, Stone, Sussman NAYES: 0 — None ABSENT: 0 — None PASSED: September 13 , 2010. APPROVED: September 13 , 2010. ATTEST: 1 lage Clerk R &Z \0008134 -1 4 APPROVED: Village President