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2017-06-19 - Ordinance 2017-027 - APPROVING SPECIAL USE FOR HOME DAY CARE, 303 GARDENIA LNVILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Elena Lewis WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, �Mkl 1101211.4 9 �MIMMMIM MMM WHEREAS, based on the testimony and evidence presented at the public hearing, the Planning & Zoning Commission made the following findings: • That the child day care use will not be injurious to the use and enjoyment of other property in the immediate vicinity, or substantially diminish and impair other property valuations within the neighborhood; 3. That the Petitioner presented adequate evidence that the child day care use will be properly managed to minimize impacts on adjacent properties; and, WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Planning & Zoning Commission determined that the criteria and standards for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Planning & Zoning Commission voted 6 to 0; with I abstention, to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that the requirements for a special use as set forth in Section 17.28,040 and Section 17,28.060 of the Village Zoning Ordinance have been met and that the 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 and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance, U11111, I , L)II d 3XIIJUMN1011 011 PUIL U1 UIC CUSI -/2()l Menu U1 3CCLIO) -I/- U11 of the west 1/2 of the northwest 1/4 of Section 33, Township 43 north, Range 11, east of the Third Principal Meridian, Village of Buffalo Grove, Lake County, Illinois. Section 3. The special use is subject to the following conditions: A- Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 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 (fl, DICES). E. The Petitioner shall provide proof of ownership of the homeowner, Stephen Schneider, E. The Petitioner shall obtain a Village business license prior to operation of the child day care home. F. The special use does not authorize any use in violation of any covenants running with the Property. ■ L On QgANIP-W 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 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: 5 — Berman, Joh NAYES: 0 - None ABSENT: I - Weidenteld PASSED: .lime 19, 2017. APPROVED: June 19, 2017. eIPPROII�): t� MY,► J-1 & nan, Village President Janet 1117- girabian, Village Clerk I WI 11 113 V W.1 Petitioner Acceptance and Agreement Concerning r I The undersigned acknowledges that she has read and understands all of the terms and provisions of said Ordinance, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Elena Lew" 303 Gardenia Drive Buffalo Grove, IL 60089