O-02-24I F.,
4975495
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-0-2!!'!24
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR DEAR FRANKS RESTAURANT
AT 843 WAUKEGAN ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
1st day of July , 2002.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
2nd day of July , 2002.
!I
y.
STATE OF ILLINOIS )
) 4975495
COUNTIES OF LAKE AND COOK ) SS FILED FOR RECORD BY:
MARY ELLEN VANDERVENTER
VILLAGE OF DEERFIELD LAKE COUNTY !p IL RECORDER
09/02/2002 - 03:43:41 P.M.
RECEIPT 29125
DRAGGER s: 17
The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield,
Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance No. 0 -02 -24 entitled "An Ordinance Authorizing an Amendment to a Special USe for
Dear Franks Restaurant at 843 Waukegan Road"
as appears in the records and files of the office of the Village Clerk.
Dated this July 12002
SEAL
SHARON K. CROMI
Deputy Village Clerk
Submitted by:
IA-IL, 7-()".
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
1
4975495
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-02-24
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR DEAR FRANKS RESTAURANT
AT 843 WAUKEGAN ROAD
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on
the application of the owner (the "Applicant ") of certain property legally described on Exhibit A
attached hereto and commonly known as the Marshall Mall property, which includes the Dear
Franks Restaurant, '843 Waukegan Road (the "Subject Property "), for an amendment to the Class
B Special Use heretofore granted for Dear Franks Restaurant to permit an interior opening to be
added to permit customers of Dear Franks Restaurant to directly pass to the adjacent Yogurt
Store, which is located directly south of Dear Franks Restaurant within the Marshall Mall, all in
the C -1 Village Center District; and,
WHEREAS, said public hearing was held pursuant to public notice duly given in the time
and manner provided by law; and,
WHEREAS, the Plan Commission of the Village of Deerfield, after considering evidence
and supporting materials offered at said hearing, made written findings of fact and recommended
to the President and Board of Trustees of the Village of Deerfield that the Amendment to the
Special Use as proposed by the Applicant be authorized; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
considered and reviewed the proposed plan and supporting materials submitted by the Applicant,
r'
491549
and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield;
and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the best interests of the Village will be served by the authorization and granting of
said Amendment to the Special Use in accordance with the plans and supporting materials
submitted by the Applicant, which are incorporated herein and made a part hereof by this
reference.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION '1: That the President and Board of Trustees do hereby affirmatively find that
the Amendment to the Class B Special use as hereby authorized fully complies with the
requirements and standards set forth in Articles 5.01 -C and 13.11 of the Zoning Ordinance of the
Village of Deerfield, and that an amended special use is hereby authorized and approved as to the
Subject Property to permit an interior opening to be added to the Subject Property to permit
customers of Dear Franks Restaurant to directly pass to the adjacent Yogurt Store, which is
located directly south of Dear Franks Restaurant within the Marshall Mall, all in the C -1 Village
Center District, to the extent herein authorized.
SECTION 2: That the approval and authorization of said Amended Special Use is hereby
granted subject to:'(i) the requirement that the construction, development and use of the Subject
Property for said Amended Special Use shall be in accordance with the floor plan and drawing
submitted by the Applicant, which is attached hereto and incorporated herein by this reference,
together with all other documents, materials and exhibits filed in support of the application, and
4915495
the terms of this Ordinance; (ii) all representations submitted and made by the Applicant to the
Plan Commission and to the President and Board of Trustees; (iii) compliance by the Applicant
with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield.
SECTION 3: That the Amended Special Use, as hereby authorized, shall be binding
upon and inure to the benefit of the Applicant and Applicant's successors, grantees, transferees
and assigns, and any violation of the conditions herein set forth by the Applicant, or its
successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special
Use as hereby authorized.
SECTION 4: That the Village Clerk is hereby authorized and directed to publish this
Ordinance in pamphlet form in the office of the Recorder of Deeds of Lake County, Illinois at
Applicant's expense.
SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law, in that regard within its jurisdiction.
SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 1 st day of July , 2002.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
•4
.l
ABSENT: 'None (0 )
ABSTAIN: , No
APPROVED th
ATTEST:
av:� C
d ;eury Village Clerk
4975495
4975495
EXHIBIT A
Lots Eighteen (18) and Nineteen (19) in Owners Homestead Subdivision in the South West
Quarter of Section 28, Twp. 43 N., Range 12 East of the 3`a P.M., according to the plat thereof
recorded December 11, 1922 as Document 218864, in Book "L" of Plats on Page 48, in
Deerfield, Lake County, Illinois.
4915495
All' 1
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-02-24
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR DER FRANKS RESTAURANT
AT 843 WAUKEGAN ROAD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
1st day of July , 2002.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
'2nd day of July , 2002.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-02-24
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR DEAR FRANKS RESTAURANT
AT 843 WAUKEGAN ROAD
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on
the application of the owner (the "Applicant ") of certain property legally described on Exhibit A
attached hereto and commonly known as the Marshall Mall property, which includes the Dear
Franks Restaurant, ,843 Waukegan Road (the "Subject Property "), for an amendment to the Class
B Special Use heretofore granted for Dear Franks Restaurant to permit an interior opening to be
added to permit customers of Dear Franks Restaurant to directly pass to the adjacent Yogurt
Store, which is located directly south of Dear Franks Restaurant within the Marshall Mall, all in
the C -1 Village Center District; and,
WHEREAS, said public hearing was held pursuant to public notice duly given in the time
and manner provided by law; and,
WHEREAS, the Plan Commission of the Village of Deerfield, after considering evidence
and supporting materials offered at said hearing, made written findings of fact and recommended
to the President and Board of Trustees of the Village of Deerfield that the Amendment to the
Special Use as proposed by the Applicant be authorized; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
considered and reviewed the proposed plan and supporting materials submitted by the Applicant,
and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield;
and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the best interests of the Village will be served by the authorization and granting of
said Amendment to the Special Use in accordance with the plans and supporting materials
submitted by the Applicant, which are incorporated herein and made a part hereof by this
reference.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the President and Board of Trustees do hereby affirmatively find that
the Amendment to the Class B Special use as hereby authorized fully complies with the
requirements and standards set forth in Articles 5.01 -C and 13.11 of the Zoning Ordinance of the
Village of Deerfield, and that an amended special use is hereby authorized and approved as to the
Subject Property to permit an interior opening to be added to the Subject Property to permit
customers of Dear Franks Restaurant to directly pass to the adjacent Yogurt Store, which is
located directly south of Dear Franks Restaurant within the Marshall Mall, all in the C -1 Village
Center District, to the extent herein authorized.
SECTION 2: That the approval and authorization of said Amended Special Use is hereby
granted subject to: (i) the requirement that the construction, development and use of the Subject
Property for said Amended Special Use shall be in accordance with the floor plan and drawing
submitted by the Applicant, which is attached hereto and incorporated herein by this reference,
together with all other documents, materials and exhibits filed in support of the application, and
the terms of this Ordinance; (ii) all representations submitted and made by the Applicant to the
Plan Commission and to the President and Board of Trustees; (iii) compliance by the Applicant
with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield.
SECTION 3: That the Amended Special Use, as hereby authorized, shall be binding
upon and inure to the benefit of the Applicant and Applicant's successors, grantees, transferees
and assigns, and any violation of the conditions herein set forth by the Applicant, or its
successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special
Use as hereby authorized.
SECTION 4: That the Village Clerk is hereby authorized and directed to publish this
Ordinance in pamphlet form in the office of the Recorder of Deeds of Lake County, Illinois at
Applicant's expense.
SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 1st day of July , 2002.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: No
APPROVED th
ATTEST:
, ao-� �) 6
&pury Village Clerk
EXHIBIT A
Lots Eighteen (18) and Nineteen (19) in Owners Homestead Subdivision in the South West
Quarter of Section 28, Twp. 43 N., Range 12 East of the 3rd P.M., according to the plat thereof
recorded December 11, 1922 as Document 218864, in Book "L" of Plats on Page 48, in
Deerfield, Lake County, Illinois.