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1999-045 5/12/99 ORDINANCE NO. 99- 45 AN ORDINANCE APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE WALSH PROPERTY Walsh ropertv 55 Park Avenue (South side of Park Avenue west of Main Street) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove passed Ordinance 98-60 approving an Annexation Agreement dated September 28, 1998 and passed Ordinance 98-61 annexing the following legally described Property: Lot 1 and Lot 2 of the Walsh Subdivision, being a resubdivision of the north half of Lot 3, Lot 4, and part of the vacated alley in Block 2 in Knopf's Subdivision of part of the east half of the southwest quarter of Section 16, Township 43 North, Range 11 , East of the Third Principal Meridian, in the Village of Buffalo Grove, Illinois; and, WHEREAS, proper and due notice of the public hearing concerning said amendment to the Annexation Agreement and requested variation of the Zoning Ordinance has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said amendment of the Annexation Agreement. 2 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 . The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The amended Annexation Agreement, a copy of which is attached hereto and made a part hereof, is approved. Section 3. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Reid Braiman Hendricks Glover Berman NAYES: 0 - None ABSENT: 1 - Marienthal PASSED: May 17, 1999 APPROVED: May 17 1999 APPROVED: ELLIOTT HARTSTEIN, Village President ATTEST: Villa Clerk 5/13/99 AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE WALSH PROPERTY Walsh property 55 Park Avenue (South side of Park Avenue west of Main Street) This agreement made and entered into this 17th day of May, 1999, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and Christopher J. Walsh and Julie Walsh (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Property is zoned in the R-3 One-Family Dwelling District and is legally described as follows: Lot 1 and Lot 2 of the Walsh Subdivision, being a resubdivision of the north half of Lot 3, Lot 4, and part of the vacated alley in Block 2 in Knopf's Subdivision of part of the east half of the southwest quarter of Section 16, Township 43 North, Range 11 , East of the Third Principal Meridian, in the Village of Buffalo Grove, Illinois; and, 1 WHEREAS, Paragraph 29.13. of the Annexation Agreement dated September 28, 1998 and approved by Ordinance 98-60 granted a variation of Section 17.40.020.13. of the Village's Zoning Ordinance to allow a front yard setback of 24 feet for the covered porch, approximately 10 feet in length, for the proposed single-family residence on Lot 1 of the Property as depicted on Exhibit D to said Agreement; WHEREAS, Owner has requested a modification of said front yard setback variation to allow a setback of 24 feet for the covered porch, approximately 44 feet in length, for the single-family residence on Lot 1 of the Property as depicted on EXHIBIT A, Permit Plat dated March 24, 1999, and EXHIBIT B, Front Elevation drawing attached hereto; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the modification of the variation of the front yard setback on the terms and conditions herein set forth is appropriate for the proposed single-family residence on Lot 1 of the Property and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1 . That the preceding Whereas clauses are incorporated herein. 2. That Paragraph 29.13, of that certain "Walsh Property Annexation j Agreement" dated September 28, 1998 approved by Ordinance 98-60, be and is hereby amended to read as follows: 29. Special Conditions B. The following variations to the Village's Zoning Ordinance 2 are hereby granted for Lot 1 pursuant to EXHIBITS A and B of the amended Annexation Agreement dated May 17, 1999: Section 17.40.020.B. - To allow a front yard setback of 24 feet from the Park Avenue right-of-way for the covered porch, a rear yard setback of 30 feet, and a lot area of 9,770 square feet. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE By IA r ELLIOTT HARTSTEIN, Village President ATTEST: By LLAGE CLERK OWNER: By By ATTEST: By Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 3