1988-083 ORDINANCE NO. 88-83
AN ORDINANCE APPROVING VARIATIONS OF THE
FLOODPLAIN REGULATIONS
(Malnati's Pizza [the Buffalo House])
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, the Property legally described in EXHIBIT A attached hereto is
zoned in the B-1 (Limited Retail) District and is occupied by a restaurant
and parking areas; and,
WHEREAS, the Village has received a petition for variations of the
Floodplain Regulations as set forth in Title 18 of the Village of Buffalo
Grove Municipal Code; and,
WHEREAS, the Malnati Organization, as Owner and Developer of the
Property, proposes to construct a building addition and to improve and expand
the parking area pursuant to a Preliminary Plan dated July 26, 1988 (revised)
attached hereto as EXHIBIT B; and,
WHEREAS, to construct said improvements the Developer requires
variations of Sections 18.12.060.E and 18.12.070.E of the Village's
Floodplain Regulations; and,
WHEREAS, proper and due notice of the public hearing concerning the
variations was given, and the hearing was held by the Village's Plan
Commission; and,
WHEREAS, the Plan Commission determined that the Developer has
demonstrated that the variances meet the criteria set forth in Section
18. 12.080 of the Floodplain Regulations; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the development of the Property on the
terms and conditions herein set forth would further enable the Village to
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control the 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 as follows:
1. Applicable Law. This Ordinance is made pursuant to and in
accordance with the Village's Zoning Ordinance, Development Ordinance,
Floodplain Regulations, and the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Ordinance.
2. Approval of Preliminary Plan. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Preliminary Plan
attached hereto as EXHIBIT B, including the requested variations of Sections
18.12.060.E and 18. 12.070.E of the Floodplain Regulations, for the Property
legally described in EXHIBIT A.
3. Special Conditions. Approval of the Preliminary Plan and
variations of the Floodplain Regulations is hereby made subject to the
following conditions:
a. Developer shall construct a sidewalk connecting the southwest
area of the parking lot to the public sidewalk to be constructed along
Buffalo Grove Road.
b. If the Village Engineer determines that an acceptable grade
can be provided, Developer shall construct a sidewalk connecting the
northwest area of the parking lot to the public sidewalk to be constructed
along Buffalo Grove Road.
C. A landscaped yard a minimum of 12 feet in width shall be
provided on the south line of the Property.
4. This Ordinance shall be in full force and effect from and after its
passage. This Ordinance shall not be codified.
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AYES• 4 - Marienthal, Glover,Reid, Mathias
NAYES: 0 - None
ABSENT• 2 - Shields, Shifrin
PASSED: September 6 1988
APPROVED: September 6 1988
APPROVED:
G'
A L. CLAYTON
Village President
ATTEST:
Village Clerk
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