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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.