2019-12-02 - Ordinance 2019-064 - REAUTHORIZING THE SPECIAL USE FOR CHILD DAY CARE HOME FOR 371 SPRINGSIDE LN 11/11/2019
ORDINANCE NO. 2019 - 064
AN ORDINANCE REAUTHORIZING THE SPECIAL USE
FOR A CHILD DAY CARE HOME ZONED R-4A
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Regina Liberman-Diamond
Regina's Home Day Care
371 Springside Lane
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-4A, and is occupied by a single—family detached residence commonly known as 371
Springside Lane; and,
WHEREAS, Regina Liberman-Diamond is the owner of the Property; and,
WHEREAS, the Village approved Ordinance No. 1998-71 granting a special use
to operate a child day care home at the Property with subsequent re-authorizations
pursuant to Section 17.28.060.C. of the Village of Buffalo Grove Zoning Ordinance; and,
WHEREAS, Regina Liberman-Diamond ("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 recommends 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 review and recommendation by
2
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 47 in Block 4 in Strathmore in Buffalo Grove, Unit 5, being a subdivision in Section
32, Township 43 North, Range 11, East of the Third Principal Meridian in Lake County,
Illinois, commonly known as 371 Springside Lane.
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.B.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.
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
3
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 Regina Liberman-Diamond 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 — Stein Ottenheimer, Weidenfeld Johnson Smith Pike
NAYES: 0 - None
ABSENT: 0 - None
PASSED: December 2, 2019
APPROVED: December 2 2019
APPROVED:
Beverly Sus an, Village President
ATTEST:
Janet . i;abian, Village Clerk
4
EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for the child day care home
at 371 Springside Lane, zoned R-4A
Regina Liberman-Diamond does hereby accept and agree to abide by and be bound by
each of the terms, conditions and limitations set forth in Ordinance No. 2019-064 my
passed and approved by the Village of Buffalo Grove, Illinois reauthorizing the special
use for the child day care home at 371 Springside Lane.
The undersigned acknowledges that she has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2019-064, and does hereby acknowledge
and consent to each and all of the provisions, restrictions, and conditions of said
Ordinance.
R gina Liberman-Diamond
371 Springside Lane
Buffalo Grove, IL 60089
SUBSCRIBED AND WORN TO BEFORE ME
THIS L DAY OF 4,2019
Notary Public
M