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2011-0103/2/2011 ORDINANCE NO. 2011 -10 AN ORDINANCE REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -9A ZONING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Aarihi Upadhyayulla Aarthi's Daycare 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 in the R -9A District, 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, the Village approved Ordinance No. 2009 -81 granting a special use to operate a child day care home at the Property; and, WHEREAS, Aarthi Upadhyayulla ( "Petitioner ") has petitioned to the Village for reauthorization of the special use for another two —year period to continue operating the child cay care home at the Property; and, WHEREAS, the Village has reviewed the request for reauthorization of the special use pursuant to Section 17.28.060.C. of the Village Zoning Ordinance, including notification of adjacent property owners and inspection of the Property; and, WHEREAS, Village staff reviewed pertinent information concerning the child day care home, and based on the petitioner's record of compliance with applicable regulations, staff has filed a report to the Village Board recommending reauthorization of the special use for another two -year period; and, 0J WHEREAS, the President and Board of Trustees after due and careful consideration have determined that based on the report and recommendation by Village staff, the child day care home on the Property is operating in compliance with applicable Village regulations and is not creating nuisances or other impacts on adjacent properties. 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 reauthorizing the special use for the 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 1/2 of the southwest 1/4 of Section 29, Township 43 North, Range I 1 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, commonly known as 1347 Devonshire Road, Buffalo Grove, Illinois. Section 3. The special use is subject to the following conditions: A. Compliance with the standards set forth in Section 17.12.141 and Section 17.28.060.B.6 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. 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. D. 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). E. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. F. The special use does not authorize any use in violation of any covenants running with the Property. G. 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. H. 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. 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: 6 — Braiman, Glover, Berman, Trilling, Sussman, Smith NAYS: 0 — None ABSENT: 0 — None PASSED: March 7, 2011 APPROVED: March 7, 2011 ATTEST: Village Clerk APPR E ELLIOTT HARTSTEIN, Village President 0 EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home at 1347 Devonshire Road, zoned in the R -9A District 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. 2011 -10 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. 2011 -10, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. C Aarthi Upadhyayulla 1347 Devonshire Road Buffalo Grove, IL 60089 SUBSCRIBED AND SWO TO BEFORE ME THIS /�r DAY OF , 011 Notary Public ! I RECEVE0D 1 1B, y DrPTUI &, 7,11N - . 2011 MAR 18 Ali I I ** 33 x t 3/2/2011 ORDINANCE NO. 2011 -10 AN ORDINANCE REAUTHORIZING THE 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 Aarthi's Daycare 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 in the R -9A District, 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, the Village approved Ordinance No. 2009 -81 granting a special use to operate a child day care home at the Property; and, WHEREAS, Aarthi Upadhyayulla ( "Petitioner ") has petitioned to the Village for reauthorization of the special use for another two —year period to continue operating the child cay care home at the Property; and, WHEREAS, the Village has reviewed the request for reauthorization of the special use pursuant to Section 17.28.060. C. of the Village Zoning Ordinance, including notification of adjacent property owners and inspection of the Property; and,, WHEREAS, Village staff reviewed pertinent information concerning the child day care home, and based on the petitioner's record of compliance with applicable regulations, staff has filed a report to the Village Board recommending reauthorization of the special use for another two -year period; and, 2 WHEREAS, the President and Board of Trustees after due and careful consideration have determined that based on the report and recommendation by Village staff, the child day care home on the Property is operating in compliance with applicable Village regulations and is not creating nuisances or other impacts on adjacent properties. 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 reauthorizing the special use for the 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 1/2 of the southwest 1/4 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, commonly known as 1347 Devonshire Road, Buffalo Grove, Illinois. Section 3. The special use is subject to the following conditions: A. Compliance with the standards set forth in Section 17.12.141 and Section 17.28.060.B.6 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. 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. D. 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). E. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. f F. The special use does not authorize any use in violation of any covenants running with the Property. G. 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. H. 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. I. 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: 6 — Braiman, Glover, Berman, Trilling, Sussman, Smith NAYS: 0 — None ABSENT: 0 — None PASSED: March 7, 2011 APPROVED: March 7, 2011 ATTEST: APPR VC D: Village Clerk ELLIOTT HARTSTEIN, Village President 4 EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home at 1347 Devonshire Road, zoned in the R -9A District 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. 2011 -10 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. 2011 -10, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Aarthi Upadhyayulla 1347 Devonshire Road Buffalo Grove, IL 60089 SUBSCRIBED AND SWO TO BEFORE ME THIS /,5� DAY OF Oil Notary Public 'OFFICIAL ZjtAL Sin= ROBEr FA FREED �� auras CAAi0.1? islok c °iRGS; 71JZ 'r t