2012-053 10/9/2012
ORDINANCE NO. 2012-53
AN ORDINANCE REAUTHORIZING THE SPECIAL USE
FOR A CHILD DAY CARE HOME
ZONED R-9 PLANNED UNIT DEVELOPMENT (PUD)
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Iwona Rutkowski
Little Stars Home Day Care
621 Harris 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-9
Planned Unit Development, and is occupied by a single—family detached residence commonly
known as 621 Harris Drive; and,
WHEREAS, Iwona Rutkowski is the owner of the Property; and,
WHEREAS, the Village approved Ordinance No. 2005-74 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. 2010-
17; and,
WHEREAS, Iwona Rutkowski ("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
2
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 74, The Commons of Buffalo Grove, Unit 2, being a subdivision of part of the east 1/2 of the
northeast 1/4 of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in
Lake County, Illinois, commonly known as 621 Harris Drive, 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
17.28.060.6.6 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.
3
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 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 Iwona Rutkowski 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— Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0— None
ABSENT: 0— None
PASSED: October 15, 2012
APPROVED: October 15, 2012
ATTEST: APPROVED:
of ilim_____
Villa e Clerk ��•. B aiman, Village President
1