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2011-0083/2/2011 ORDINANCE NO. 2011-8 AN ORDINANCE REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-4A ONE — FAMILY DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Regina Liberman Regina's Home Day Care 371 Springside Lane 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-4A District, and is occupied by a single — family detached residence commonly known as 371 Springside Lane; and, WHEREAS, Regina Liberman is the owner of the Property; and, WHEREAS, the Village approved Ordinance No. 1998 -71 granting a special use to operate a child day care home at the Property, and said special use has been reauthorized as required by the Village Zoning Ordinance, the most recent approval being Ordinance No. 2008 -76; and, WHEREAS, Regina Liberman ( "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, 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 47 in Block 4 in Strathmore in Buffalo Grove, Unit 5, being a subdivision in Section 32, Township 43 North, Range 11, East of the Third Principal Meridian in Lake County, Illinois, commonly known as 371 Springside Lane, 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. 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. 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 (DCFS). D. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. E. The special use does not authorize any use in violation of any covenants running with the Property. F. 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 3 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. G. 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. H. This special use is granted to Regina Liberman 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: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President El EXHIBIT A Petitioner acceptance and agreement concerning the special use for the child day care home at 371 Springside Lane, zoned in the R-4A One Family Dwelling District Regina Liberman 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 —_ duly passed and approved by the Village of Buffalo Grove, Illinois reauthorizing the special use for the child day care home at 371 Springside Lane. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 —_, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. vvl Regi Liberman 371 Springside Lane Buffalo Grove, IL 60089 SUBS MED AND D WO LRN TO BEFORE ME THIS DAY OF, 2011 Ncdary Pu is "t7FFICIALBEAL" 8 "8 FAY ROBIN COM��1ISSION EXPIRES: 01/24112 3 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. G. 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. H. This special use is granted to Regina Liberman 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: APPROVED: ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President 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 7, 2011 the Corporate Authorities of the Village passed and approved Ordinance No. 2011 -8, AN ORDINANCE REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -4A ONE - FAMILY DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. The pamphlet form of Ordinance No, 2011 -8, 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 7, 2011 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 11th day of March, 2011. LM 3/2/2011 ORDINANCE NO. 2011-8 AN ORDINANCE REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-4A ONE - FAMILY DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Regina Liberman Regina's Home Day Care 371 Springside Lane 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-4A District, and is occupied by a single — family detached residence commonly known as 371 Springside Lane; and, WHEREAS, Regina Liberman is the owner of the Property; and, WHEREAS, the Village approved Ordinance No. 1998 -71 granting a special use to operate a child day care home at the Property, and said special use has been reauthorized as required by the Village Zoning Ordinance, the most recent approval being Ordinance No. 2008 -76; and, WHEREAS, Regina Liberman ( "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, r 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 47 in Block 4 in Strathmore in Buffalo Grove, Unit 5, being a subdivision in Section 32, Township 43 North, Range 11, East of the Third Principal Meridian in Lake County, Illinois, commonly known as 371 Springside Lane, 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. 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. 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 (DCFS). D. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. E. The special use does not authorize any use in violation of any covenants running with the Property. F. 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 r � 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. G. 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. H. This special use is granted to Regina Liberman 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: APPROVED: Village Clerk ELLIOTT HARTSTE,IN, Village President M EXHIBIT A Petitioner acceptance and agreement concerning the special use for the child day care home at 371 Springside Lane, zoned in the R-4A One Family Dwelling District Regina Liberman 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 —_ duly passed and approved by the Village of Buffalo Grove, Illinois reauthorizing the special use for the child day care home at 371 Springside Lane. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 —_, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. ,i Regi Liberman 371 Springside Lane Buffalo Grove, IL 60089 SUBS IBED AND D ORN TO BEFORE ME THIS DAY OF , 2011 N tary Pu is _.( JS FAY 0 dS5.