2015-08-03 - Ordinance 2015-047 - APPROVING SPECIAL USE, 55 DUNDEE RD 7/24/2015
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ORDINANCE NO. 2015 -47
AN ORDINANCE APPROVING SPECIAL USE
IN THE B-2 GENERAL RETAIL BUSINESS DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
55 Dundee Road
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, the subject site commonly known as 55 Dundee Road and hereinafter
referred to as the "Property", is legally described in Exhibit A attached hereto; and,
WHEREAS, EDR Unique, LLC, an Illinois limited liability company, and Regina Melman is
the owner of the Property (hereinafter sometimes referred to as the "Owner"); and,
WHEREAS, Owner proposes to continue using the property for the current automotive
repair and vehicle washing activities; and,
WHEREAS, the Property is zoned in the B-2 General Retail Business District; and,
WHEREAS, Randhir Patel as President of APR Car Wash Inc., (hereinafter sometimes
referred to as "Petitioner") has petitioned to the Village of Buffalo Grove for a special use to sell
up to seven (7) used automobiles on the Property; and,
WHEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning
Commission held a public hearing and made its findings and recommendation for a special use
for the Property for sales of used automobiles; and,
WHEREAS, the Planning & Zoning Commission determined that the petition meets the
criteria for a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance;
and,
WHEREAS, the Planning & Zoning Commission voted 6 to 1 to recommend approval of a
special use the sales of used automobiles on the Property, and;
WHEREAS, the following Exhibits, some of which were presented in testimony
given by the Petitioner during the hearing held before the Planning & Zoning Commission prior
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to the execution of this Ordinance, are hereby incorporated by reference herein, made a part
hereof and designated as shown below.
EXHIBIT A Legal Description
EXHIBIT B Petitioner and Owner Acceptance and Agreement
EXHIBIT C Site Plan of the Property
WHEREAS, the President and Board of Trustees of the Village find that the approval of a
special use for sales of used automobiles on the Property is consistent with the Village's
planning for the area and is compatible with the use and zoning of adjacent properties; and,
WHEREAS, the President and Board of Trustees of the Village after due and careful
consideration have determined that use of the Property on the terms and conditions herein set
forth would enable the Village to control development of the area and would serve the best
interests of the Village.
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, Development 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 grant a special use to APR Car Wash, Inc.,
to sell up to seven (7) used automobiles on the Property subject to the following conditions:
A. "The special use granted to APR Carwash, Inc and EDR Unique LLC and Regina
Melman are assignable to subsequent petitioners seeking assignment of this special use
as follows:
i. Upon application of a petitioner seeking assignment of this special use, the
Corporate Authorities, in their sole discretion, may refer said application of
assignment to the appropriate commission(s) for a public hearing or may
hold a public hearing at the Village Board.
ii. Such assignment shall be valid only upon the adoption of a proper, valid and
binding ordinance by the Corporate Authorities granting said assignment,
which may be granted or denied for any reason."
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B. The maximum number of automobiles for sale on the Property shall not exceed
seven (7) automobiles. Said automobiles shall be stored in accordance with the
Petitioner's site plan attached hereto as Exhibit C.
C. The Petitioner and/or the Property Owner shall restripe the existing parking lot
in accordance with the site plan attached hereto as Exhibit C.
D. The Petitioner shall use printed signs and not hand written signs advertising
automobiles for sale.
E. The Petitioner and the Property Owner shall comply with all State of Illinois
statutes and regulations pertaining to the sale of used automobiles.
Section 3. This Ordinance shall be in full force and effect upon the submittal of the
signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified.
AYES: 5—Trilling. Stein. Ottenheimer, Weidenfeld, Johnson
NAYS: 0- None
ABSENT: 1 - Berman
PASSED: August 3.2015.
APPROVED: August 3, 2015.
ATTEST: APPROVED:
C,
\hIlalge Clerk Beverly SussmjA, Village President
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This document was prepared by:
William Raysa, Village Attorney
22 S. Washington
Park Ridge, IL. 60068
After Recording Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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EXHIBIT A
Legal Description
55 Dundee Road, Buffalo Grove, Illinois
The east 120 feet of the west 353 fee (except the south 350 feet) of the north half of the
northeast quarter of the northwest quarter of Section 9, Township 42 North, Range 11 East of
the Third Principal Meridian in Cook County, Illinois
SUBJECT PROPERTY COMMON DESCRIPTION: 55 Dundee Road, Buffalo Grove, IL.
PIN: 03-09-101-027
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EXHIBIT B
Acceptance and Agreement concerning
approval of a special use for the sale of used automobiles
55 Dundee Road
APR Car Wash, Inc., an Illinois corporation, by its President Randhir Patel acknowledges that he
has read and understands all the terms and provisions of Buffalo Grove Ordinance No. 2015 -47
pertaining to approval of a special use, and does hereby accept and agree to abide by and be
bound by each of the terms, conditions and limitations set forth in said Ordinance.
APR Car Wash, Inc.
an Illinois corporatio
By:
Name (print): Randhir Pa I
Title: President
Owner
EDR Unique, LLC, an Illinois limited liability company, acknowledges that it has read and
understands the terms, conditions and limitations set forth in said Ordinance 2015-47.
EDR Unique, LLC
an Illinois limited company
By:
Name (print): oo- qa,6Ql
Title:
Owner
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EXHIBIT C
Site Plan of the Property
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