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O-72-10ORDINANCE NO. '0 -72- 10 AN ORDINANCE AUTHORIZING A SPECIAL USE (FRAGASSI APPLIANCE STORE­ MULTI- BUSINESS AND OFFICE USES) Published in pamphlet form this . 7th day of March 1972, by the President and Board of-Trustees of the Village of Deerfield. ORDINANCE NO. 0 -72- 10 AN ORDINANCE AUTHORIZING A SPECIAL USE (FRAGASSI APPLIANCE STORE - MULTI - BUSINESS AND OFFICE USES) WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of AMELIO FRAGASSI to authorize the use and occupancy of certain real estate commonly known as 757 Deerfield Road, Deerfield, Illinois and hereinafter described, for multiple principal uses of a business, commercial and office nature, including, in particular, the occupancy of the basement and first floor areas for a retail household appli- ance store and the second floor area for professional and commercial offices, as a special use under and pursuant to the provisions of Sections XIII,D,3,k; XIII,D,4; XIII,D,5; XIII,I and XXIII of the Zoning Ordinance of the Village of Deerfield; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence adduced, made written findings of fact including express affirmative findings of compliance with the pro - visions of Sections XIII,D,5 and XXIII,B,3.of the Village Zoning Ordinance and recommended that said special use of said real estate be approved and authorized subject to certain conditions and restric- tions hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the findings and recommendation of the Plan ONE: Commission are concurred in and adopted as the findings of the President and Board of Trustees and the special use of the real estate legally described as follows: Lot 4 in Bleimehl's Subdivision of parts of Sections 32 and 33, Township 43 North, Range 12, East of the Third Principal Meridian according to the plat thereof recorded October 7, 1907 in Book H of Plats, page 45, as Document No. 124960 in Lake County, Illinois. as and for multiple principal uses of a business, commercial and office nature, including, in particular, the occupancy of the base- ment and first floor areas for a retail household appliance store and the second floor area for professional and commercial offices, . be and the same is hereby authorized and of off -site parking facilities to serve premises legally described as follows: approved and the provision said special use on the Lot 5 in Bleimehl's Subdivision of part of Sections 32 and 33, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof, recorded October 7, 1909, in Book H of Plats, page 45, as Document No. 124960, in Lake County, Illinois be and the same is hereby approved. SECTION That the approval and authorization of said TWO: special use hereby given is subject to compliance by Applicant with all other applicable provisions of the Zoning Ordinance and all other applicable ordinances of the Village of Deerfield and is subject to the further condition to which Applicant is deemed to have concurred and agreed by his application for and acceptance of the special use hereby granted and authorized, that Applicant and his successors and assigns shall not cause nor permit a default or termination of that certain lease dated October 15, 1962, between Applicant and Chicago Title and Trust Company, as Trustee under Trust No. 38050, nor amend said lease so as to reduce the number of off -site parking spaces available and allocated to Applicant thereunder, nor shall Applicant fail to extend the term of said lease to January, 1983, unless Applicant shall apply for and receive a variance from or otherwise comply with the off - street parking pro- visions of the Village Zoning Ordinance applicable to the use and occupancy of the subject premises. SECTION That the Village Clerk is hereby directed to THREE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FOUR: effect from and after its passage, approval and publication, as provided by law. AYES: FIVE (5) NAYS: NONE (0) ABSENT: ONE (1) PASSED this 7th day of March A.D. 1972. APPROVED this 7th day of ATTEST: 7qc..,� VILLAGE CLERK STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly elected and acting Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the foregoing is a true and accurate copy of an ordinance entitled "AN ORDINANCE AUTHORIZING A SPECIAL USE - (FRAGASSI APPLIANCE STORE - MULTI - BUSINESS AND OFFICE USES) ", passed by the President and Board of Trustees of the said Village at a regular adjourned meeting thereof on the 7th day of March, 1972, all as appears in the records and files of my office. Dated this 9th'day of March, 1972. Catherine B. Price Village Clerk SEAL