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O-96-31ORDINANCE NO. 0 -96 -31 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERFIELD COMMONS SHOPPING CENTER - BREWSTER'S Published in pamphlet form this 5th day of August , 1996 by the President and Board of Trustees of Deerfield JKS 71248 .3 July 23, 1996 ORDINANCE NO. 0 -96 -31 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERFIELD COMMONS SHOPPING CENTER - BREWSTER'S WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of Deerfield Commons Shopping Center, Banbury Development Company and Brewster's Coffee Company(collectively, the "Applicant "), to authorize an amendment to the existing Special Use - Planned Unit Development of Deerfield Commons Shopping Center to permit a Seasonal Outdoor Seating Area, all in accordance with Article 2.0 -C,2, Article 5.01- C,2,j, Article 12.06 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; 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 and reviewing the evidence adduced, the submitted Seasonal Seating Area Plan, prepared by the Applicant and dated June 18,1996 attached hereto as Exhibit B, made written findings of fact and recommended that said amendment to the Special Use of said real estate be approved and authorized subject to certain conditions and restrictions 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 recommendations of the Plan ONE: Commission as to the submitted Seasonal Seating Area Plan are concurred in and adopted as the findings of the President and Board of Trustees and the amendment to the Special Use of the real estate legally described in Exhibit A attached hereto and made a part hereof to approve the Seasonal Seating Area Plan, be and the same is hereby authorized and approved. JKS 71248 . 3 July 23, 1996 ORDINANCE NO. 0 -96 -31 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERFIELD COMMONS SHOPPING CENTER - BREWSTER'S SECTION That the approval and authorization of said TWO: amended Special Use, is hereby given subject to the requirements that all use shall be in accordance with the Seasonal Seating Area Plan, all exhibits, testimony, representations submitted and made by the Applicant to the Plan Commission and President and Board of Trustees and is also subject to compliance by Applicant with all other applicable provisions of the Zoning Ordinance, and all other ordinances, codes and regulations of the Village of Deerfield. SECTION That any violation of the conditions hereinabove THREE: set forth shall authorize the revocation of the amended Special Use hereby authorized. SECTION That all approval and authorization of said FOUR: amendment to Special Use hereby given is subject to the requirement that this Ordinance be recorded in the Office of the Recorder of Deeds of Lake County, Illinois, and all fees for such recordation and expenses incurred therefor shall be paid by the Applicant. SECTION That the Village Clerk is hereby directed to FIVE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and SIX: effect from and after its passage, approval and publication, as provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ABSENT: None (0) PASSED this 5th day of August A.D., 1996. APPROVED this 5th day of August , A.D., 1996. ATTEST: VILLAGE PRESIDENT LLAGE CLERK JKS 71248 .3 July 23, 1996 M STATE OF ILLINOIS ) 3892880 COUNTIES OF LAKE AND COOK ) SS Filed for Record in: LAKE COUNTY IL FRANK J. NUhTRA- RECORDER VILLAGE OF DEERFIELD ) On Oct 28 1996 At 11 :59am Receipt #: 34860 Doc /T pe ORD Deputy - Cashier #3 The undersigned hereby certifies that he is the duly appointed 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 -96 -31 entitled "An Ordinance Authorizing an Amended Special Use for Deerfield Commons Shopping Center - Brewster's" as appears in the records and files of the office of the Village Clerk. Dated this August 6, 1996 _ , '��JPJ1gg4to�� • Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 ORDINANCE NO. 0 -96 -31 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERFIELD COMMONS SHOPPING CENTER - BREWSTER'S Published in pamphlet form this 5th day of August , 1996 by the President and Board of Trustees of Deerfield lem JKS 71248 .3 July 23, 1996 .892 80 ORDINANCE NO. 0 -96 -31 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERFIELD COMMONS SHOPPING CENTER - BREWSTER'S WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of Deerfield Commons Shopping Center, Banbury Development Company and Brewster's Coffee Company(collectively, the "Applicant "), to authorize an amendment to the existing Special Use - Planned Unit Development of Deerfield Commons Shopping Center to permit a Seasonal Outdoor Seating Area, all in accordance with Article 2.0 -C,2, Article 5.01- C,2,j, Article 12.06 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; 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 and reviewing the evidence adduced, the submitted Seasonal Seating Area Plan, prepared by the Applicant and dated June 18,1996 attached hereto as Exhibit B, made written findings of fact and recommended that said amendment to the Special Use of said real estate be approved and authorized subject to certain conditions and restrictions 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 recommendations of the Plan ONE: Commission as to the submitted Seasonal Seating Area Plan are concurred in and adopted as the findings of the President and Board of Trustees and the amendment to the Special Use of the real estate legally described in Exhibit A attached hereto and made a part hereof to approve the Seasonal Seating Area Plan, be and the same is hereby authorized and approved. 3 JKS 71248 . 3 July 23, 1996 3892880 ORDINANCE NO. 0 -96 -31 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERFIELD COMMONS SHOPPING CENTER - BREWSTER'S SECTION That the approval and authorization of said TWO: amended Special Use, is hereby given subject to the requirements that all use shall be in accordance with the Seasonal Seating Area Plan, all exhibits, testimony, representations submitted and made by the Applicant to the Plan Commission and President and Board of Trustees and is also subject to compliance by Applicant with all other applicable provisions of the Zoning Ordinance, and all other ordinances, codes and regulations of the Village of Deerfield., SECTION That any violation of the conditions hereinabove THREE: set forth shall authorize the revocation of the amended Special Use hereby authorized. SECTION That all approval and authorization of said FOUR: amendment to Special Use hereby given is subject to the requirement that this Ordinance be recorded in the Office of the Recorder of Deeds of Lake County, Illinois, and all fees for such recordation and expenses incurred therefor shall be paid by the Applicant. SECTION That the Village Clerk is hereby directed to FIVE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and SIX: effect from and after its passage, approval and publication, as provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ABSENT: None (0) PASSED this 5th day of August A.D., 1996. APPROVED this 5th day of ,August , A.D., 1996. ATTEST: VILLAGE PRESIDENT LLAGE CLERK 4 1KS 71248 . 3 July 23, 1996 0 �� J� EXHIBIT A PARCEL 1: l.OT 1 (EXCEPT THAT PART OF SAID LOT 1 DiESCRIDCD AS FOLLOWS: BEGINNING AT tlIE NORTHWEST CORNER OF SAID LOT 1; TI•If:NCE NORTH 89 DEGREES 17 MINUTES 00 SECONDS CAST, ALONG THE NORTH LING OF SAID. LOT 42.12 FEET TO A POINT ON THE WEST LINE OF SECTION 33 IIERCINAFTCR DESCRIBED; TIiENCE SOUTH 15 DEGREES 35 MINUTES 46 SECONDS CAST 24.54 FEET; TI•IL'NCE SOUTH 74 DEGREES 44 MINUTES 58 SECONDS WEST, 40.05 FEET TO A POINT ON THE WEST LINE OF SAID LOT; THENCE NORTH 15 DECREES 22 MINU'I'rS 00 SrCOND3 WEST, ALONG '1'1.117 7 WEST LINE OF SAID LOT, 35. 11 FEET TO '1'111: POINT OF 1JEC I NN I NG) ; [.O'I';; 21' 4 , . AND 8; THAT PART OF LOT 3 LYING NORTHEASTERLY OF A LINE Dl:: CRIIII;D AS RUNNING FROM A POINT ON THE EASTERLY LINE OF SAID LOT, 146.472 II.:k:'l' SOU'1'1•I1:RLY OF THE NORTHEAST CORNER THEREOF TO A POINT ON T1113. NORT11112L.Y LINE 017 SAID LOT, 23.244 FEET WESTERLY OF SAID NOR'f'lirA 'I' CORNER AND LOT 9 (I XCt:PT THAT PART OF SAID LOT 9 DESCRIBED AS FOLLOWS: 13I:GINN:ING AT A POINT Old '1'111: NORTH LINE OF SAID LOT, 63.62 FEET CAST OF THE NORTI(Wt. S'i' CORIJIiI'l '1'111:111:;01'; 'THENCE NORTII 09 DEGREES 17 MINUTES '00 SECONDS CAST, ALONG TIIE NORTH LINE: OF SAID LOT, 145.11 FEET TO THE NORTHEAST CORNER THEREOF; THENCE. SOUTH 15 I)I:GRCI:S 22 MINUTES 00 SECONDS EAST,' ALONG THE EASTERLY LINE: OF SAID L.0'I , 35. 1.1 FEET; THENCE SOUTH 44 DEGREES 26 14INUTES 46 SECONDS WEST, 40.30 FELT TO A POINT ON A LINE DESCRIBED AS RUNNING FROM A POINT ON THE NORTIi LINE OF SAID LOT, 49.12 FEET WEST OF THE NORTHEAST CORNER T'I-IEREOf TO A POINT ON -THE SOUT1i LING OF SAID LOT,' 23.294 FEET WEST OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 25 DECREES 54 MINUTES 17 SECONDS CAST, ALONG THE AFORESAID DESCRIBED LINE, G4.24 FEET TO THE SOUTH LINE OF SAID LOT; THENCE SOUTH 79 DEGREES 38 MINUTES 41 SECONDS WEST,. ALONG THE SOUTH LINE OF SAID LOT, 62.45 FEET; INIENCE NORTH 35 DECREES 32 MINUTE'S 06 SECONDS WEST, 159.60 FEET TO THE POINT OF BEGINNING). ALL IN DEERFIELD COMMONS, DOING A CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILCMAN CADWCLL'S ADDITION TO DEERFIELD IN SECTION 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE TIIIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID DEERFIELD COMMONS RECORDED JANUARY 27, 1959 AS DOCUMENT 1010813, IN DOOK 34 OF PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS. PARCEL 2: A 'T'RAC'T OF LAND IN THE NORTHEAST QUARTER OF SECTION 3219. TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNCR OF THE DEPOT GROUNDS OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD (NOW KNOWN AS CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY), BEING ALSO TIIE SOUTHEAST CORNER OF LOT 2 IN DEERFIELD COMMONS BEING A CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PIIILEMAN CADWCLLS ADDITION TO DEERFIELD RECORDED JANUARY 27, 1959, AS DOCUMENT 1010013; THENCE SOUT'II 09 DEGREES 17 MINUTES 00 SECONDS WEST 129.49 FEET TO THE SOUTIIa1CST CORNER OF SAID i.OT 2; 'THENCE SOUTH 15 DEGREES 51 MINUTES 07.5 SECONDS CAST 109.206 FEET ALONG THE SOUTHEASTERLY EXTENSION OF THE -SOUTHWESTERLY LINE OF SAID LOT 2 TO THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY EXTENSION OF 'I'llr. SOUTHEASTERLY LINE OF LOT 9 IN . SAID nRERFIELD COMMONS; THENCE NORTH 79 DEGREES 38 MINUTES 41 SECONDS EAST 5.575 FEET TO TiiE SOUTHWEST CORNER 31" SAID LOT 9; THENCE NORTH 15 DEGREES 51 MINUTES 07.5 SECONDS WEST 07.425 I'I'sI '!' ALONG Tim SOUTI-IWCSTCRLY LINE OF SAID LOT 9, DOING ALSO TFIE NOR'1'111;ASTE.RU LINE OF SAID DEPOT GROUNDS OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD (NOW KNOWN AS CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY), TO TIIr PLACE OF BEGINNING, IN LAKE rniiniTV N i TNI)TS .5,- .38f)2880 N, E>US,n NG . Ix DC /STING SIDS DQDP- "PHONE =-xtsr7,vr STOwF-� Fcxyr 7-RAFF=,= 11A.Tr,--Rfqs --V—r-&SnW- DRAIN Ews-7714i; PCIS7- E>c/s7/z,G GUAPD ;RAILIMG �PROAbSED NEW SE-A.771-JS AREA I'N OV-T-ING 201X/0'.Q--3NCRET-- PNVED aREW5MR5 COFFEE CO. 740 MPJAUKEGAN RD---DE--RFri&1-0 14. '14- /-0^ —:6-16-9fo wtvem m