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O-06-29VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -29 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR CARSON'S RESTAURANT AT 200 WAUKEGAN ROAD PASSED AND APPROVED BY THE - PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of July , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of July , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -29 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR CARSON'S RESTAURANT AT 200 WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on the application of Carson's Ribs (the "Applicant "), the owner of the property commonly known as Carson's Restaurant at 200 North Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property"), for approval of a Special Use for the Subject Property to authorize and permit a seasonal outdoor seating and dining area of approximately 694 square feet with capacity for ten tables seating 44 persons for Carson's Ribs Restaurant pursuant to Section 5.02 -G, Paragraph 4, Subparagraph b, of the Zoning Ordinance of the Village of Deerfield, and for an amendment to the existing Special Use f6r the Subject Property to permit certain exterior changes to the building and parking lot for Carson's Restaurant pursuant to Section 5.02 -C, Paragraph 1, Subparagraph d, of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, said public hearing was held pursuant to public notice on May 11, 2006 as required by law and conformed in all respects, in both manner and form, with the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested Special Use for a seasonal outdoor seating and dining area be authorized pursuant to Section 5.02 -G, Paragraph 4, Subparagraph b for the Subject Property in the C -2 Outlying Commercial District, and that an amended Special Use be authorized pursuant to Section 5:02 -C, Paragraph 1, Subparagraph d, to allow certain exterior changes to the Carsons Restaurant building and parking lot in the C -2 Outlying Commercial District; and; WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing; that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in and Section 5.02 -G, Paragraph 4, Subparagraph b and Section 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed amendment to the existing Special Use for the Subject Property fully complies with the requirements and standards set forth in Section 13.11 and Section 5.02 -C, Paragraph 1, Subparagraph d of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said amended Special Use as provided herein, subject to and 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 -2- 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 proposed seasonal outdoor seating and dining area of approximately 694 square feet with capacity for ten tables seating 44 persons for Carson's Restaurant recommended by the Plan Commission as a Special Use for the Subject Property in the C -2 Outlying Commercial. District, and that the proposed modifications to the exterior of the building and the parking lot of Carsons Restaurant recommended by the Plan Commission as an amendment to the existing Special Use for the Subject Property in the C -2 Outlying Commercial District, fully comply with the applicable requirements and standards set forth in Section 5.02 -G, Paragraph 4, Subparagraph b, in Section 5.02 -C, Paragraph 1, Subparagraph d, and in Section 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve a Special Use for the Subject Property in the C -2 Outlying Commercial District to permit the establishment and operation of a seasonal outdoor seating and dining area of approximately 694 square feet with capacity for ten tables seating 44 persons for Carson's Restaurant, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 3: That the President and Board of Trustees do hereby further authorize and approve an amendment to the existing Special Use for the Subject Property in the C -2 Outlying Commercial District to permit certain modifications to the exterior of the building and the parking lot of Carsons Restaurant, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. -3- SECTION 4: That the approval and authorization of said Special Use and amendment to the existing Special Use for the Subject Property is granted subject to the following conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of the Subject Property for said Special Use and amended Special Use shall be in accordance with the plans and supporting material attached hereto and made a part of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) compliance with the requirements and regulations of the Deerfield - Bannockburn Fire Protection District; (iii) compliance with the recommendations of the Appearance Review Commission; and, (iv) continued compliance with the requirements with the Special Use heretofore granted for the Subject Property, except as hereby amended; and (v) continued compliance with all applicable provisions of the Zoning Ordinance and Municipal Code of the Village of Deerfield. SECTION 5: That the 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 this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION 7: 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 -4- 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 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided bylaw. PASSED this 5th day of July , 2006. AYES: Benton, Feldman, Rosenthal, Selden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAINNOne (0) APPROVED this 5th ATTEST: Village Clerk -5- Exhibit B Exhibits to an Ordinance Approving a Special Use to Permit a Seasonal Outdoor Seating Area and an Amendment to the Existing Special Use for Carson's Restaurant at 200 N. Waukegan Road Site Plan, Floor Plan and Plant List dated May 1, 2006 for New Outdoor Patio for Carson's, 200 Waukegan Road. 2. East Elevation (sectional) , East Elevation (full), North Elevation (full) and Color List for New Outdoor Patio for Carson's, 200 Waukegan Road. STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD e undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake Th and Cook Counties, Illinois, and that the attached is a true and accwate copy o Ordinance 0 -06 -29 Authorizing a Special Use to Permit a Seasonal Outdoor Dining Area for Carson's Restaurant at 200 Waukegan Road Dated this Au��st l0 2006 isti.:�•.o:� r�Y/t �.. KNIFE L. DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 IIIlilllilliilillllllllllllllllllllllllillilllllllllilllliiiiiiillllllllllllllll )SS Imapetl 041034050012 Type: ORD 'Recorded: 02/12/2007 at 02:29:18 PM Receipt #: 2007 - 00006831 Total Amt: $34.00 Pape i of 12 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File6136115 e undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake Th and Cook Counties, Illinois, and that the attached is a true and accwate copy o Ordinance 0 -06 -29 Authorizing a Special Use to Permit a Seasonal Outdoor Dining Area for Carson's Restaurant at 200 Waukegan Road Dated this Au��st l0 2006 isti.:�•.o:� r�Y/t �.. KNIFE L. DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 i r j VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -29 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA . FOR CARSON'S RESTAURANT AT 200 WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of July , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5 th day of July , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -29 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR CARSON'S RESTAURANT AT 200 WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on the application of Carson's Ribs (the "Applicant "), the owner of the property commonly known as Carson's Restaurant at 200 North Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property"),, for approval of a Special Use for the Subject Property to authorize and pen-nit a seasonal outdoor seating and dining area of approximately 694 square feet with capacity for ten tables seating 44 persons for Carson's Ribs Restaurant pursuant to Section 5.02 -G, Paragraph 4, Subparagraph b, of the Zoning Ordinance of the Village of Deerfield, and for an amendment to the existing Special Use for the Subject Property to pennit certain exterior changes to the building and parking lot for Carson's Restaurant pursuant to Section 5.02 -C, Paragraph 1, Subparagraph d, of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, said public hearing was held pursuant to public notice on May 11; 2006 as required by law and conformed in all respects, in both manner and form, with the Zoning Ordinance of the Village. of Deerfield; and, WHEREAS, the Plan Conunission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested Special Use for a seasonal outdoor seating and dining area be authorized pursuant to Section 5.02 -G, Paragraph 4, Subparagraph b for the Subject Property in the C -2 Outlying Commercial District, and that an amended Special Use be authorized pursuant to Section 5:02 -C, Paragraph 1, Subparagraph d, to allow certain exterior changes to the Carsons Restaurant building and parking lot in the C -2 Outlying Commercial District; and; WHEREAS, the President. and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in and Section 5.02 -G, Paragraph 4, Subparagraph b and Section 13.11 of the Zoning Ordinance of the Village. of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed amendment to the existing Special Use for the Subject Property fully complies with the requirements and. standards set forth in Section 13.11 and Section 5.02 -C, Paragraph 1, Subparagraph d of the Zoning Ordinance of the Village of Deerfield, and that. the best interests of the Village will be served bythe authorization and granting of said amended Special Use as provided herein; subject to and in accordance with the plans and supporting materials submitted by-the Applicant which are incorporated herein and made apart hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF. -2- . 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 proposed seasonal outdoor seating and dining area of approximately 694 square feet with capacity for ten tables seating 44 persons for Carson's Restaurant recommended by the Plan Commission as a Special Use for the Subject Property in the C -2 Outlying Commercial District, and that the proposed modifications to the exterior of the building and the parking lot of Carsons Restaurant recommended by the Plan Commission as ail amendment to the existing Special Use for the Subject Property in the C -2 Outlying Commmercial District, fully comply with the applicable requirements and standards set forth in Section 5.02 -G, Paragraph 4, Subparagraph b, in Section 5.02 -C, Paragraph 1, Subparagraph d, and in Section 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve a. Special Use for the Subject Property in the C -2 Outlying Commercial District to permit the establishment and operation. of a seasonal outdoor seating and dining area of pproxiinately 694 square feet with capacity for ten tables seating 44 persons for Carson's Restaurant, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 3: That the President and Board of Trustees do hereby further authorize and . approve an amendment to the existing Special Use for the Subject Property in the C -2 Outlying Commercial District to permit certain modifications to the exterior of the building and the parking . lot of Carsons Restaurant, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. =3- SECTION 4: That the approval and authorization of said Special Use and amendment to the existing Special Use for the Subject Property is granted subject to the following conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of the Subject Property for said Special Use and amended Special Use shall be in accordance with the plans and supporting material attached hereto and made a part of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) compliance with the requirements and regulations of the Deerfield - Bannockburn Fire Protection District; (iii) compliance with the recommendations of the Appearance Review,Commission; and, (iv) continued compliance with the requirements with the Special Use heretofore granted for the Subject Property, except as hereby amended; and (v) continued compliance with all applicable provisions of the Zoning Ordinance and Municipal Code of the Village of Deerfield. SECTION 5: That the 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 this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordiiiance in the office of the Recorder of.Deeds of Lake County, Illinois at.Applicant's expense. SECTION 7: 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 tennis 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 S: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided bylaw. PASSED this 5th day of Julv , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAINNOne (0) APPROVED this 5th ATTEST: f)W 611T Village Clerk -5- 43XMZI1 =Ii1 LOT 1 IN BILL KNAPP'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 18, 1984 AS DOCUMENT NO. 2262520, IN LAKE COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Approving a Special Use to Permit a Seasonal Outdoor Seating Area and an Amendment to the Existing Special Use for Carson's Restaurant at 200 N, Waukegan Road l . Site Plan, Floor Plan and Plant List dated May. 1, 2006 for New Outdoor Patio for Carson's, 200 Waukegan.Road. 2: East Elevation (sectional) , East Elevation (full), North Elevation (full)_ and Color List for New Outdoor Patio for Carson's, 200 Waukegan Road.