ORDINANCE NO. 2003-79

AN ORDINANCE AMENDING THE development PERMIT FOR POD D – BAY HILL LOCATED IN GREGG’S LANDING, IN THE VILLAGE OF VERNON HILLS, LAKE COUNTY.

WHEREAS, In 2002, Allen L. Kracower & Associates representing the Zale Companies (currently and hereafter known as KB Home) of Buffalo Grove, IL, had petitioned the Village of Vernon Hills, pursuant to The Hawthorn Properties Annexation Agreement dated November 15, 1988 and amended from time to time, to approve the final site, landscaping, architectural, signage plans, and the required Development Permit for POD D in Bay Hill located in Gregg’s Landing; and

WHEREAS, the Planning and Zoning Commission of the Village of Vernon Hills, pursuant to the Vernon Hills Zoning Ordinance of 1982, as amended, filed its report concerning said petition prior to the Village Board of Trustees final approval the final site, landscaping, architectural, signage plans, and the required Development Permit for POD D in Bay Hill located in Gregg’s Landing on August 19, 2003; and

WHEREAS, upon review of the final plat and building plans by the Community Development Department in the process of issuing building permits, it was determined that the air conditioning units and a fireplace enclosure will encroach into the west side yard approximately two feet beyond what is allowed by Village ordinances for the model building proposed for Lot 33; and

WHEREAS, the Village President and Board of Trustees upon review of the model building proposed for Lot 33 determined the encroachments of the air conditioning units and a fireplace enclosure would not negatively impact the development or adjacent property owners, and an amendment to the approved Development Permit is necessary to recognize and approve the encroachments.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, COUNTY OF LAKE AND STATE OF ILLINOIS:

SECTION I. Pursuant to The Hawthorn Properties Annexation Agreement dated November 15, 1988 and amended from time to time, the Development Permit for POD D in Bay Hill located in Gregg’s Landing approved on August 19, 2003, is hereby amended and approved as presented. Said Development Permit being attached as Exhibit A.

SECTION II. SEVERABILITY. In the event that any section, clause, provision, or part of this ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. If any part of this ordinance is found to be invalid in any one or more of its several applications, all valid applications that are severable from the invalid applications shall remain in effect.

SECTION III. REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village of Vernon Hills prior to the effective date of this ordinance.

SECTION IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.

SECTION V. ORDINANCE NUMBER. This ordinance shall be known as Ordinance Number 2003-79.

Adopted by roll call vote as follows:

AYES:

NAYS:

ABSENT AND NOT VOTING:

_________________________

Roger L. Byrne

Village President

PASSED:

APPROVED:

PUBLISHED IN PAMPHLET FORM:

ATTEST:

_________________________

Jeanne M. Schwartz

Village Clerk