2012-05510/9/2012
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ORDINANCE NO. 2012-55
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AN ORDINANCE REAUTHORIZING THE SPECIAL USE
FOR A CHILD DAY CARE HOME ZONED R -5
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Elena Lewis
Home of Learning and Fun
457 Raphael Avenue
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-4, and
is occupied by a single—family detached residence commonly known as 457 Raphael Avenue;
and,
WHEREAS, Vytautas Bickus and Lilita Bickuviene- Foster are the owners of the Property;
and,
WHEREAS, the Village approved Ordinance No. 2009 -64 granting a special use to
operate a child day care home at the Property; and,
WHEREAS, Elena Lewis ( "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,
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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 31 in Candlewood Creek Subdivision, being a subdivision in the southeast quarter of the
northwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal
Meridian, in the Village of Buffalo Grove, Lake County, 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.
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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 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 Elena Lewis 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:
Villa Clerk
6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
0 — None
0 — None
October 15, 2012
October 15, 2012
APPROVED: .f
man, Village President
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EXHIBIT A
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Petitioner acceptance and agreement concerning
the special use for the child day care home
at 457 Raphael Avenue., zoned R -5
Elena Lewis does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2012 -58my passed and approved by the
Village of Buffalo Grove, Illinois reauthorizing the special use for the child day care home at 457
Raphael Avenue.
The undersigned acknowledges that she has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2012- Sf'and does hereby acknowledge and
consent to each and all of the provisions, restrictions, and conditions of said Ordinance.
SUBSCJtIBED AND SWORN FORE ME
THI� DAY OFA
Nofary Pu
ENotary AL SEAL"
RUBIN
, State of Illinois Expires 01124/16
Elena Lewi
457 Raph el Avenue
Buffalo Grove, IL 60089
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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 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 Elena Lewis 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:
Village Clerk
APPROVED:
Jeffrey S. Braiman, Village President