village board committee of the whole meeting …village of gilberts village hall: 87 galligan road,...

Village of Gilberts Village Hall: 87 Galligan Road, Gilberts, Illinois 60136

Ph. 847-428-2861 Fax: 847-428-2955 www.villageofgilberts.com

VILLAGE BOARD COMMITTEE OF THE WHOLE MEETING AGENDA Tuesday, July 9, 2019 - 7:00 p.m. - Village Hall Board Room

ORDER OF BUSINESS 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. ROLL CALL / ESTABLISH QUORUM

3. PUBLIC COMMENT* Intended for public comment on issues not otherwise on this agenda, those comments offered when individual issues are discussed

4. ITEMS FOR DISCUSSION A. Discussion Concerning the Town Square Park Gazebo

B. Presentation and Discussion of a Request to add an Additional Single-Family Ranch Elevation to the Conservancy Portfolio

C. Update and Overview of the Proposed Gilberts Town Center Duplex Product

5. STAFF REPORTS 6. TRUSTEES’ REPORTS 7. PRESIDENT’S REPORT 8. EXECUTIVE SESSION* 9. ADJOURNMENT

*Executive Session Information A portion of the meeting will be closed to the Public, effective immediately as Permitted by 5 ILCS 120/2( c ) (1) to discuss the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the Village, and as permitted by 5 ILCS 120/2 ( c ) (11) to discuss litigation against, affecting, or on behalf of the Village which has been filed and is pending in a court or administrative tribunal of which is imminent and as permitted by 5 ILCS 120/2( c) (21) to review and approve closed session minutes and as permitted by 5 ILCS 120/2 (c ) 2 Collective negotiating matters.

*Public Comment Policy Anyone indicating a desire to speak during Public Comments portion of the Village Board Meeting will be acknowledged by the Village President. All remarks are to be addressed to the Village President and Board of Trustees as a whole, not to any specific person(s). To ensure that everyone who wishes to speak has the opportunity to do so, please limit your comments to five minutes. Additional time may be granted at the discretion of the Village President. If you have written comments, please provide a copy to the Village President. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. During Public Comments, the Village President, Trustees and Staff will listen to comments and will not engage in discussion. The Village President or Trustees may ask questions to better understand your concern, suggestion or request. Please direct any personnel concerns to the Village Administrator before or after the meeting. The Village of Gilberts complies with the Americans Disabilities Act (ADA). For accessibility Assistance, please contact the Village Clerk at the Village Hall, telephone number is 847-428-2861”. Assistive services will be provided upon request.

http://www.villageofgilberts.com/

Village of Gilberts Village Hall

87 Galligan Road, Gilberts, Illinois 60136 Ph. 847-428-2861 Fax: 847-428-2955

www.villageofgilberts.com

To: Village President and Board of Trustees From: Brian Bourdeau, Village Administrator

Courtney Baker, Village Clerk Date: July 9, 2019 Committee of the Whole Meeting

Re: Item 4.A: Town Square Park Gazebo

Village Staff has received several inquiries from residents about the possibility of reserving the Town Square Park gazebo. Currently, the Village only allows residents to reserve the pavilions at Memorial and Waitcus Parks. The Town Square Park gazebo is unique in that it is owned and insured by the Village but maintained by the Gilberts Town Center Home Owners Association (HOA). Several points for consideration with respect to adding the gazebo to the Village’s reservation portfolio:

A) There is no parking lot for the gazebo. Any parking for gazebo use would be street parking in the surrounding neighborhood;

B) There are Village provided restrooms available at Town Square Park;

C) The Village would need to coordinate with the HOA with respect to refuse collection as the receptacles at the gazebo are serviced by the HOA landscape company.

D) There is currently only one picnic table available at Town Square Park. Village Staff is seeking Board input as to whether the Village may wish to explore adding the gazebo to our rental portfolio and coordinate any necessary details with the HOA.




To: Village President and Board of Trustees From: Brian Bourdeau, Village Administrator Date: July 9, 2019 Committee of the Whole

Re: Item 4.B: Presentation and Discussion of a Request to Add an Additional Single-Family Ranch Elevation to the Conservancy Portfolio

Gilberts Development, LLC and NVR/Ryan Homes have requested the addition of a single-family ranch elevation to those approved for Neighborhood 2 of the Conservancy. While the request proposes this elevation for Neighborhood 2, the addition of this elevation to the portfolio would apply to all Neighborhoods not classified as Maintenance Free Lifestyle (Age-Targeted). The current Maintenance Free Lifestyle areas are Neighborhoods 3, 6 and 7. The requested single-family ranch model is styled as the Bramante Ranch. The addition of the Bramante model would bring the total ranch offerings in the general single-family home portfolio to two. Currently, the Winterbrook model is the only single-family ranch style home approved, excluding the age-targeted neighborhoods.

Approved Winterbrook Elevation Proposed Bramante Elevation

The Bramante Ranch base square footage is 1,666 square feet, which does satisfy the minimum dwelling size bulk standard of 1,400 square feet for Neighborhoods 2, 4, 5 and 8 – 11. Additionally, the bulk standard for the minimum garage size of 400 square feet is met. Generally, from an architectural standpoint the proposed Bramante Ranch and various elevation alternatives are similar to the other NVR/Ryan Homes approved single-family product for the Conservancy. However, there are several items that the Board may wish to consider:

A) The interior garage width is slightly less than a full 20 feet. The proposed floor plan shows the garage as 20 feet measured from the exterior wall point on each side;

of 2

B) Roof overhangs are optional and not standard;

C) Elevations B, K and L contain a greater amount of material and architectural diversity relative to Elevation A.

Should the Board find the Bramante Ranch model acceptable, Staff can prepare a Resolution to add the model to the approved portfolio of single-family homes for the Conservancy. Attachment

A) Bramante Ranch Elevations




To: Village President and Board of Trustees From: Brian Bourdeau, Village Administrator Date: July 9, 2019 Committee of the Whole Meeting Subject: Item 4.C: Update and Overview of the Proposed Gilberts Town Center Duplex

Product Background On April 27, 2005, the Village approved an Annexation Agreement for the development of Gilberts Town Center. The development included multiple sites for duplex units. The First Amendment to the Annexation Agreement approved on December 13, 2011 converted some of the approved duplex lots to single family lots. The First Amendment also approved specific building elevations for the duplex lots. In addition, the Village approved an amendment to its UDO to incorporate specific duplex design standards. In November 2013, REO Funding Solutions IV, LLC (REO), acquired ownership of 20 remaining duplex lots from Ryland Homes and has subsequently been marketing the lots to builders. REO has secured a building partner willing to build a product that substantially conforms to the duplex design requirements as specified in the First Amendment to the Annexation Agreement and the UDO, and which closely aligns with the existing product. Current Request and Plan Commission Consideration On June 12, 2019, the Plan Commission held a Public Hearing on a request for variations to the previously approved standards for the Gilberts Town Center Duplex product and to consider revised elevations for a proposed duplex product. REO has proposed to build a duplex product that substantially conforms to the duplex design requirements as outlined in the First Amendment to the Annexation Agreement and utilizes the same building materials as the duplexes already built in the Town Center development. However, as REO is departing from the previously approved plans, compliance with the Village’s UDO duplex design standards is necessary. REO requested two variations from the UDO standards applicable to duplexes. The requested variances are as follows:

1. A reduction in the minimum square footage of the duplex units from 1,800 sq. ft. to 1,445 sq. ft.

2. A reduction in the percentage of required masonry on the street facing façade from 50% to 30% and reduction in the minimum outside corners from 8 to 5.

Several neighbors attended the Plan Commission hearing. Prior to the Plan Commission hearing, REO had hosted a meeting with the Homeowners’ Association on June 7, 2019 to review the

proposed duplex product. Based on feedback received at that meeting, REO made several minor adjustments to address resident concerns. Public comment at the Plan Commission was supportive of the product and variation requests as presented. Upon the conclusion of the Public Hearing, the Plan Commission made a unanimous positive recommendation to the Village Board on the revised elevations and requested variances. Village Board Consideration In addition to the variance requests described above and recommended by the Plan Commission, the proposed change also require certain changes to the Annexation Agreement as follows:

A) Replace “Exhibit F,” which outlines available duplex plans and sizes; and

B) Replace the existing elevation drawings with the elevations of those proposed by the Developer for construction on the 20 developer-owned lots.

Because the Annexation Agreement is being amended, a Public Hearing has been scheduled before the Village Board for the July 16, 2019 Village Board meeting to receive and consider public input on the proposed changes to that Agreement. If the Board is amenable to the proposal and so desires, an Ordinance approving a Third Amendment to the Annexation Agreement, incorporating the above changes, and a companion Ordinance approving the requested variances can also be presented for consideration at the July 16, 2019 Village Board meeting. If you have any questions or concerns, please do not hesitate to contact me. Attachments

1. Proposed Revised Gilberts Town Center Duplex Elevations/Floor Plans 2. Minutes of the June 12, 2019 Plan Commission Meeting (Unapproved) 3. June 12, 2019 Plan Commission Packet, Including Staff Memorandum and Exhibits 4. Proposed Ordinance Approving a Third Amendment to the Annexation and Development

Agreement for Gilberts Town Center 5. Proposed Ordinance Approving Variations to the Gilberts Unified Development

Ordinance for the Duplex Lots in Gilberts Town Center

FRONT ELEVATION UNIT 2

SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

RIGHT ELEVATION UNIT 2

SCALE: 1/4" = 1'-0

A1.0FLOOR PLANS

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REAR ELEVATION UNIT 2

SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

LEFT ELEVATION UNIT 2

SCALE: 1/4" = 1'-0

A2.0FLOOR PLANS

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FIRST FLR. PLAN UNIT 2 w/ BSMT.

SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL


SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL


SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL

DINING ROOM

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SECOND FLR. PLAN UNIT 2

SCALE: 1/4" = 1'-0

939 S.F.

WIC

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OPEN TO BELOW

LOFT

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BR 3

WIC

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OPEN TO BELOW

LOFT

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BR 3


SCALE: 1/4" = 1'-0

939 S.F.

A4.0FLOOR PLANS

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FRONT ELEVATION UNIT 1 RANCH

SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

RIGHT ELEVATION UNIT 1 RANCH

SCALE: 1/4" = 1'-0

A5.0FLOOR PLANS

ISSUE DATE

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SCALE: 1/4" = 1'-0

REAR ELEVATION UNIT 1 RANCH

SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

A6.0FLOOR PLANS

ISSUE DATE

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SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL

RANCH PLAN UNIT 1 w/ BSMT.

SCALE: 1/4" = 1'-0

1,445 S.F.

BATH 2

LAUND.WIC

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OPEN TO BELOW

LOFT

BR 2

BR 3


SCALE: 1/4" = 1'-0

939 S.F.

RANCH PLAN UNIT 1

SCALE: 1/4" = 1'-0

1,445 S.F.

A8.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0 A9.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

LEFT ELEVATION UNIT 1 RANCH

SCALE: 1/4" = 1'-0

A10.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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FIRST FLR. PLAN UNIT 2 w/ SLAB

SCALE: 1/4" = 1'-0

1,445 S.F.


SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL

DINING ROOM

GREAT ROOM

NOOK

KITCHEN

GARAGE

DINING ROOM

GREAT ROOM

NOOK

KITCHEN

GARAGE

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SCALE: 1/4" = 1'-0

939 S.F.

WIC

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BATH 2

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MASTER BEDROOM

OPEN TO BELOW

LOFT

BR 2

BR 3

A12.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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RANCH PLAN w/ SLAB

SCALE: 1/4" = 1'-0

1,445 S.F.

BATH 2

LAUND.WIC

M. BATH

MASTER BEDROOM

GREAT ROOM

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KITCHEN

L

CL

GARAGE

CL

CL

BR. 2

RANCH PLAN w/ BSMT.

SCALE: 1/4" = 1'-0

1,445 S.F.

BATH 2

LAUND.WIC

M. BATH


NOOK

L

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GARAGE

CL

CL

BR. 2

KITCHEN

PNTRY. PNTRY.

A13.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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of 3 6/12/2019 Plan Commission Meeting Minutes

MINUTES FOR VILLAGE OF GILBERTS PLAN COMMISSION/ZONING BOARD OF APPEALS MEETING

Village Hall: 87 Galligan Road, Gilberts, IL 60136 Meeting Minutes

Wednesday, June 12, 2019

1. CALL TO ORDER

Chairman Mills called the meeting to order at 7:00 p.m.

2. ROLL CALL / ESTABLISH QUORUM

Village Clerk Courtney Baker called the roll. Roll call: Members present: Commissioners Borgardt, Page, Sullivan, and Chairman Mills. Commissioners McHone, Del Vecchio and Lateer were absent. Others present: Village Administrator Brian Bourdeau, Village Attorney Kurt Asprooth.

3. PUBLIC COMMENT There were no public comments.

4. ITEMS FOR APPROVAL A. A Motion to approve Minutes from the May 16, 2019 Plan Commission Meeting.

A Motion was made by Commissioner Sullivan and seconded by Commissioner Page to Approve the Minutes from the May 16, 2019 Plan Commission Meeting. Roll call vote: Commissioners Page, Sullivan, and Chairman Mills voted Aye. Commissioner Borgardt Abstained. 0-nays. Motion carried.

5. PUBLIC HEARING ON A REQUEST FOR A VARIATION TO THE PREVIOUSLY APPROVED STANDARDS FOR THE GILBERTS TOWN CENTER DUPLEXES Administrator Bourdeau provided a brief history of the Gilberts Town Center duplex lots. REO Funding Solutions IV, LLC (REO), acquired ownership of 20 remaining duplex lots from Ryland Homes and are seeking two variations from the standards under Section 10-3-6(B)(8) relating to the dimensions and design of their proposed duplex units. The two requested variances are: A reduction in the minimum square footage of the duplex units from 1,800 sq. ft. to 1,445 sq. ft. and a reduction in the percentage of required masonry on the street facing façade from 50% or 30% and reduction in the minimum outside corners from 8 to 5. The Developer proposes to match, in all other architectural respects and colors, that of the existing single family dwelling units within 1,000 feet of the duplex units.


David Edward from Turnstone Group, the asset management firm for REO solutions, approached the Commission and stated that, after meeting with several of the Gilberts Town Center homeowners, they would develop their own product. Mr. Edwards showed the Commission a slideshow presentation with the proposed product compared to the existing product.

Commissioner Borgardt asked if the proposed elevations will offer a basement and Mr. Edwards stated that they will. Attorney Asprooth stated that basements are required per the duplex standards.

Chairman Mills asked if there were any questions or comments from the Public.

Denise Bruebach of 123 Easton Drive asked Mr. Edwards to show the back proposed elevations. Ms. Bruebach asked if shutters will be an option and Mr. Edwards stated that they will not be an option as they are not part of the duplex standards.

Marianne Greguras of 108 Valencia Parkway asked Mr. Edwards if the landscaping will be the same and Mr. Edwards stated that they will not be changing any of the landscaping specifications.

Isabelle Bertone of 92 Valencia Parkway asked Mr. Edwards if three-car garages will be offered and Mr. Edwards said that they will not.

A Motion was made by Commissioner Borgardt and seconded by Commissioner Sullivan to close the public hearing. Roll call vote: Commissioners Borgardt, Page, Sullivan, and Chairman Mills voted Aye. 0-nays, 0-abstained. Motion carried.

6. RECOMMENDATION TO THE VILLAGE BOARD REGARDING A REQUEST FOR A VARIATION TO THE PREVIOUSLY APPROVED STANDARD FOR THE GILBERTS TOWN CENTER DUPLEXES Commissioner Borgardt stated that he is pleased that all of the units would have full basements and that the proposed elevations look very comparable to the existing product. A Motion was made by Commissioner Borgardt and seconded by Commissioner Page to Recommend the Approval of the Requested Variations to the Previously Approved Standards for the Gilberts Town Center Duplexes. Roll call vote: Commissioners Borgardt, Page, Sullivan, and Chairman Mills voted Aye. 0-nays, 0-abstained. Motion carried.

7. NEW BUSINESS

Commissioner Borgardt stated that he would like higher fines to be assessed for when Public Works has to mow empty lots that are in violation of Village Code. Administrator Bourdeau stated that Public Works Coordinator Swedberg has been in communication with TLS Property Management to address grass issues with empty lots in their area. Mr. Edwards stated that he is also aware of this concern and will assist with getting it taken care of.

8. OTHER BUSINESS

There were no items to discuss at this time.

9. ADJOURNMENT


There being no further public business to discuss, a Motion was made by Commissioner Borgardt and seconded by Commissioner Page to adjourn from the public meeting at 7:33 p.m. Voice vote of Aye carried unanimously. Motion carried.

Respectfully submitted,

Courtney Baker Village Clerk

Village of Gilberts Village Hall: 87 Galligan Road, Gilberts, Illinois 60136

Ph. 847-428-2861 Fax: 847-428-2955 www.villageofgilberts.com

VILLAGE PLAN COMMISSION / ZBA MEETING AGENDA Wednesday, June 12, 2019 - 7:00 p.m. - Village Hall Board Room

ORDER OF BUSINESS 1. CALL TO ORDER2. ROLL CALL / ESTABLISH QUORUM3. PUBLIC COMMENT*

Intended for public comment on issues not otherwise on this agenda, those comments offered when individual issues are discussed

4. ITEMS FOR APPROVALA. A Motion to approve Minutes from the May 16, 2019 Plan Commission Meeting.

5. PUBLIC HEARING ON A REQUEST FOR A VARIATION TO THE PREVIOUSLYAPPROVED STANDARDS FOR THE GILBERTS TOWN CENTER DUPLEXES

6. RECOMMENDATION TO THE VILLAGE BOARD REGARDING A REQUEST FOR AVARIATION TO THE PREVIOUSLY APPROVED STANDARDS FOR THE GILBERTS TOWNCENTER DUPLEXES

7. NEW BUSINESS8. OTHER BUSINESS9. ADJOURNMENT

*Public Comment PolicyAnyone indicating a desire to speak during Public Comments portion of the Plan Commission Meeting will beacknowledged by the Commission Chairman. All remarks are to be addressed to the Commission Chairman and Boardof Commissioners as a whole, not to any specific person(s). To ensure that everyone who wishes to speak has theopportunity to do so, please limit your comments to five minutes. Additional time may be granted at the discretion of theCommission Chairman. If you have written comments, please provide a copy to the Commission Chairman. If there area number of individuals present to speak on the same topic, please designate a spokesperson that can summarize theissue. During Public Comments, the Commission Chairman, Commissioners and Staff will listen to comments and willnot engage in discussion. The Commission Chairman or Commissioners may ask questions to better understand yourconcern, suggestion or request. Please direct any personnel concerns to the Village Administrator before or after themeeting. The Village of Gilberts complies with the Americans Disabilities Act (ADA). For accessibility Assistance, pleasecontact the Village Clerk at the Village Hall, telephone number is 847-428-2861”. Assistive services will be provided uponrequest.

http://www.villageofgilberts.com/

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NOTICE OFPUBLIC HEARING

Notice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• A variation from Chapter28, Section 6.13-3a (Locationof Fences – Front Yards) toallow a 6-foot tall solid fencelocated 0 feet from the prop-erty line where code allowsa maximum 3-foot tall fencethat must be open in design.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:Lot 268 in Stonegate, being asubdivision of H. Roy BerryCompany’s East Moreland,being a subdivision of thatpart of the west ½ of thenorthwest ¼ of Section 33and that part of the east ½of the northeast ¼ of Section32, lying northeasterly of theChicago and NorthwesternRailroad Company, all inTownship 42 North, Range11, east of the third principalmeridian, in Cook County,Illinois.Commonly known as: 102 S.Derbyshire Lane.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525362)

IN THE CIRCUIT COURTOF THE 16TH JUDICIALCIRCUITKANE COUNTY, ILLINOISIN RE THE ESTATE OFH.E. & I.E.,NO. 2019 AD 23NOTICE BYPUBLICATIONThe requisite affidavithaving been duly filedherein, NOTICE ISHEREBY GIVEN TO ALLDEFENDANTS IN THEABOVE ENTITLED AC-TION, that said action hasbeen commenced in saidCourt by Plaintiff(s),naming you as defendant(s)therein and prayingFOR THE ADOPTION OFI.E., a minor child,and for other relief; thatsummons has been issuedout of this Court against youas provided by law, and,that this action is still pend-ing and undetermined insaid Court.Now, therefore, unless youfile your answer or other-wise make your appearancein said action in this Courtby filing the same in theoffice of the Clerk of theCircuit Court of KaneCounty on or before June 10,2019, AN ORDER OFDEFAULT MAY BEENTERED AGAINST YOU.In testimony whereof, Ihave hereunto set my handand affixed the Seal of saidCourt on May 8, 2019.Thomas M. HartwellClerk of the Circuit CourtDarran M. Barhaugh, Esq.Attorney for PetitionerAtty No 6285693134 N. Washington StreetNaperville, IL [email protected](4524584)


Notice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• A 300 square foot variancefrom Chapter 28, Section 6.5-7 (Accessory Structures) toallow an accessory struc-ture with a size of 600 squarefeet instead of the maxi-mum of 300 square feet.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:The West 161 feet (exceptthe West 85 feet thereof) ofthat part of Lot 1, lyingsouth of the south line of Eu-clid Street, in Block 2 inHoelz Addition to ArlingtonHeights, being that part ofthe east ½ of the southwest¼ of Section 30, Township 42North, Range 11, east of thethird principal meridian,bounded on the north byquarter section line runningeast and west in the centerof Euclid Avenue and on thesouth by the center line ofCampbell Avenue, all in thecorporation of ArlingtonHeights, Cook County, Illi-nois.Commonly known as: 1213W. Euclid Avenue.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525366)

SHERIFF’S SALEBY VIRTUE OF JudgmentOrder, Case No. 10CH685Issued out of the Clerk’s of-fice of the Eighteenth Judi-cial Circuit Court of DuPageCounty, and the State ofIllinois, and to me directed,whereby I am commandedto make the amount of acertain Judgment recentlyobtained against MelodyMcCracken in favor of ScottA. Boughton out of theLands, Tenements, Goodsand Chattels of the saidMelody McCracken I havelevied on all the right, titleand interest of MelodyMcCracken in and to thefollowing property, to-wit:AN UNDIVIDED 1/2INTEREST IN AND TOTHE FOLLOWING DE-SCRIBED REAL ESTATE:LOT 3, IN THYFAULT RE-SUBDIVISION OF LOT 16,IN BLOCK 4, IN ARTHURT. MCINTOSH AND COM-PANY’S OGDEN AVENUESUBDIVISION, IN THESOUTHWEST QUARTEROF SECTION 4, TOWN-SHIP 38 NORTH, RANGE11, EAST OF THE THIRDPRINCIPAL MERIDIAN,ACCORDING TO THEPLAT OF THYFAULTRESUBDIVISIONRECORDED MAY 31, 1951,AS DOCUMENT 624695, INDUPAGE COUNTY,ILLINOIS.P.I.N. 09-04-300-042COMMONLY KNOWN AS:312 Grant Street, DownersGrove, Illinois 60515THEREFORE according tosaid command, I shall ex-pose for sale, at PUBLICAUCTION all the right, titleand interest of the abovenamed Melody McCrackenin and to the above de-scribed property onWednesday, the 26th day ofJune, 2019 at 10 o’clock a.m.,at the DUPAGE COUNTYSHERIFF’S OFFICE,MAIN LOBBY, 501 N.COUNTY FARM ROAD,WHEATON, IL 60187.Dated at Wheaton, Illinois,this the 22nd day of May,A.D. 2019/s/ James MendrickSheriff of DuPage County,IllinoisBy: /s/ Ellen RemusDeputyPublished in Daily HeraldMay 25,Jun 1,8,2019 4525526


Notice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• A 2.0 foot variation fromChapter 28, Section 5.1-4.2(Required Minimum Yards)to allow a second story addi-tion with a side yard setbackof 18.0 feet instead of the re-quired 20.0 feet, and an addi-tional 2.0 feet for the eave.• A 3.5 foot variation fromChapter 28, Section 5.1-4.2(Required Minimum Yards)to allow a deck with a sideyard setback of 16.5 feet in-stead of the required 20.0feet.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:The north half of Lot 2 andthe north half of Lot 3 inBlock 5 in George W. Dun-ton’s addition to ArlingtonHeights No. 2 in the east halfof the southwest quarter ofSection 29, Township 42North, Range 11 east of thethird principal meridian, inCook County, Illinois.Commonly known as: 38 N.Belmont Avenue.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525367)

Public Hearings& Notices

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LEGAL NOTICEUNITED STATES OFAMERICASTATE OF ILLINOISCOUNTY OF DUPAGEIN THE CIRCUIT COURTOF THE EIGHTEENTHJUDICIAL CIRCUITEstate of LEONARD R.LARSEN JUNIORCase No.: 2018P001225Notice is given of the deathof LEONARD R. LARSENJUNIOR whose address was325 East Tall Oaks Lane,Itasca, IL 60143Letters of Office were issuedon December 18, 2018 toNancy Larsen, 325 East TallOaks Lane, Itasca, IL 60143as IndependentAdministrator whoseattorney is Michael HowardWagner, 790 Frontage Rd.,#229, Northfield, IL 60093.The estate will be adminis-tered without Court Supervi-sion, unless under Section28-4 of the Probate Act of1975 (755 ILCS 5/28-4) anyinterested person termi-nates independent adminis-tration at any time by mail-ing or delivering a petitionto terminate to the CircuitCourt Clerk.Claims against the estatemay be filed in the Office ofCHRIS KACHIROUBAS,Circuit Court Clerk, 505 N.County Farm Road, Whea-ton, Illinois, or with the rep-resentative or both on or be-fore November 11, 2019, anyclaim not filed within thatperiod is barred. Copies of aclaim filed with the CircuitCourt Clerk must be mailedor delivered to the represen-tative and to the attorney, ifany, within ten (10) days af-ter it has been filed with theCircuit Clerk./s/ Chris Kachiroubas,Clerk of the EighteenthJudicial Circuit CourtMichael Howard WagnerDuPage Atty. No.: 340312Atty. For: Nancy Larsen790 Frontage Rd., #229Northfield, IL 60093847-441-4381Published in Daily HeraldMay 11, 18, 25, 2019 (4524540)

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 22ndday of May, 2019, under theAssumed Name of

The Carrying Kiwiwith the place of businesslocated at 533 Chard Ct.,Grayslake, IL 60030The true name and resi-dence address of the owneris: Olivia Hilty, 533 ChardCt., Grayslake, IL 60030/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 25, Jun 1,8,2019 4525570

In the Circuit Court of theNineteenth Judicial CircuitLake County, IllinoisEarnestine Redmond,Petitionervs.Sylvester Lee Miller,RespondentCase No. 19OP224

Notice by PublicationThe requisite affidavit for

publication having beenfiled , NOTICE IS HEREBYGIVEN YOU, Sylvester LeeMiller, respondent, that thiscase has been commencedin this court by thepetitioner against you forOrder of Protection andother relief.

UNLESS YOU file youranswer or otherwise fileyour appearance in thiscase in the office of the clerkof this court in the LakeCounty Courthouse, Wauke-gan, Illinois, on or beforeJuly 17, 2019 *A JUDG-MENT OR DECREE BYDEFAULT MAY BETAKEN AGAINST YOUFOR THE RELIEF ASKEDIN THE COMPLAINT.Dated: May 1, 2019/s/ Erin CartwrightWeinsteinLake County Circuit ClerkPublished in Daily HeraldMay 18, 25, Jun 1, 2019(4525080)

Notice of Public Hearing orMeeting

Public Notice is herebygiven that the Plan Commis-sion of the Village of Liber-tyville, Lake County, Illinois60048, will hold a PublicHearing or Meeting in theVillage Hall, 118 West CookAvenue, in the Village of Li-bertyville, on Monday, June10, 2019, at 7:05 P.M. or soonthereafter on the aforemen-tioned date for the purposeof considering the followingapplications:PC 19-11 John Massarelli,South Mil Properties LLC,Applicant – 920 S. Milwau-kee Avenue.Request is for an amend-ment to the Special Use Per-mit in order to allow for theexpansion of a New VehicleDealer for property locatedin a C-4, Shopping CenterCommercial District.Documentation concerningthese matters is availablefor public inspection in theCommunity DevelopmentDepartment, Planning Divi-sion office between 8:00 a.m.and 5:00 p.m., Monday thruFriday, at the Allen H.Schertz Municipal Building,200 East Cook Avenue, Li-bertyville, Illinois 60048(847) 918-2028.Any individual who wouldlike to attend this meeting,but because of a disabilityneeds some accommodationto participate, should con-tact the ADA Coordinator at118 West Cook Avenue, Li-bertyville, Illinois 60048(847) 362-2430. Assistive lis-tening devices are avail-able.Dated in the Village of Li-bertyville, Lake County, Illi-nois 60048 on May 22, 2019.Plan Commission of theVillage of Libertyville,Lake County, Illinois 60048By: Mark MooreChairPublished in Daily HeraldMay 25, 2019 (4525509)

Assumed Names

NOTICECertificate No. 76897 wasfiled in the office of theCounty Clerk of DuPageCounty on May 14, 2019,wherein the business firm ofRobbins Entertainment and

Artistrylocated at 1660 Norwood Av-enue, Apt. 207, Itasca, IL60143, was registered; thatthe true or real name of theperson owning the business,with their respective post of-fice address is as follows:Jessenia Robbins, 1660 Nor-wood Avenue, Apt. 207,Itasca, IL 60143IN WITNESS WHEREOF, Ihave hereunto set my handand Official Seal at my officein Wheaton, Illinois this 14thday of May, A.D 2019./s/ Jean KaczmarekDuPage County ClerkPublished in Daily HeraldMay 18,25,Jun 1, 2019 4525028

LEGAL NOTICENOTICE is hereby given that a public hearing will be held before the Gilberts VillageBoard at its meeting on Tuesday, June 11, 2019, at 7:00 p.m. at the Gilberts Village Hall, 87Galligan Road, Gilberts, Illinois, on a proposed Third Amendment to the AnnexationAgreement for that portion of the Conservancy Development located west of GalliganRoad, north of Freeman Road, south of Huntley and Kreutzer Roads, and east of the Free-man Kame Nature Preserve, all within the Village of Gilberts and legally described as fol-lows:PARCEL 1:THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PART OFTHE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 42 NORTH, RANGE 7EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY OF THE RIGHTOF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY,SAID LINE BEING ALSO THE WESTERLY RIGHT OF WAY LINE OF THE ELGINAND BELVIDERE ELECTRIC COMPANY, EXCEPTING THEREFROM THAT PARTFALLING WITHIN THE CONSERVANCY-POD 4 PLAT OF SUBDIVISION, RECORDEDMARCH 30, 2007 AS DOCUMENT NO. 2007K035676 AND THE CONSERVANCY NEIGH-BORHOOD 2A-1 PLAT OF SUBDIVISION, RECORDED AUGUST 24, 2017 AS DOCU-MENT NO. 2017K044495, IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS.EXCEPTING THEREFROM:THAT PART OF SECTION 11, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRDPRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF LOT 533 IN THE CONSERVANCY –POD 4 PLAT OF SUBDIVISION, RECORDED THEREOF MARCH 30, 2007 PER DOCU-MENT 2007K035676 ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF OAKSAVANNAH DRIVE AS DEDICATED BY THE CONSERVANCY NEIGHBORHOOD 2A-1PLAT OF SUBDIVISION, RECORDED THEREOF AUGUST 24, 2017 PER DOCUMENT2017K044495; THENCE NORTH 89 DEGREES 54 MINUTES 52 SECONDS WEST ALONGSAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 142.98 FEET TO THEEASTERLY RIGHT OF WAY LINE OF MARIO LANE AS DEDICATED SAID DOCU-MENT 2017K044495 BEING ALSO A NON-TANGENT CURVE; THENCE NORTHERLYALONG SAID EASTERLY RIGHT OF WAY LINE ALONG SAID CURVE CONCAVE TOTHE SOUTHEAST HAVING A RADIUS OF 2073.00 FEET SUBTENDING A CHORDBEARING NORTH 02 DEGREES 13 MINUTES 56 SECONDS EAST, AN ARC DISTANCEOF 23.96 FEET TO A RADIAL LINE; THENCE NORTH 87 DEGREES 26 MINUTES 12SECONDS WEST ALONG THE EASTERLY PROLONGATION OF THE NORTHERLYLOT LINE OF LOT 1 IN SAID CONSERVANCY NEIGHBORHOOD 2A-1, A DISTANCEOF 206.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 03DEGREES 32 MINUTES 03 SECONDS EAST, A DISTANCE OF 77.25 FEET; THENCENORTH 05 DEGREES 28 MINUTES 35 SECONDS EAST, A DISTANCE OF 77.25 FEET;THENCE NORTH 07 DEGREES 25 MINUTES 06 SECONDS EAST, A DISTANCE OF77.25 FEET; THENCE NORTH 09 DEGREES 21 MINUTES 38 SECONDS EAST, A DIS-TANCE OF 77.25 FEET; THENCE NORTH 11 DEGREES 18 MINUTES 09 SECONDSEAST, A DISTANCE OF 77.25 FEET; THENCE NORTH 13 DEGREES 14 MINUTES 57SECONDS EAST, A DISTANCE OF 77.59 FEET; THENCE NORTH 15 DEGREES 13 MIN-UTES 25 SECONDS EAST, A DISTANCE OF 79.48 FEET; THENCE NORTH 17 DE-GREES 13 MINUTES 18 SECONDS EAST, A DISTANCE OF 79.48 FEET; THENCENORTH 19 DEGREES 13 MINUTES 12 SECONDS EAST, A DISTANCE OF 79.48 FEET;THENCE NORTH 21 DEGREES 13 MINUTES 05 SECONDS EAST, A DISTANCE OF79.48 FEET; THENCE NORTH 23 DEGREES 12 MINUTES 59 SECONDS EAST, A DIS-TANCE OF 79.43 FEET; THENCE SOUTH 65 DEGREES 48 MINUTES 08 SECONDSEAST, A DISTANCE OF 140.00 FEET TO A NON-TANGENT CURVE; THENCE NORTH-WESTERLY ALONG SAID NON-TANGENT CURVE CONCAVE TO THE SOUTHEASTHAVING A RADIUS OF 2139.00 FEET SUBTENDING A CHORD BEARING NORTH 26DEGREES 18 MINUTES 17 SECONDS EAST, AN ARC DISTANCE OF 156.00 FEET TO ANON-TANGENT LINE; THENCE NORTH 62 DEGREES 29 MINUTES 23 SECONDSWEST, A DISTANCE OF 150.02; THENCE NORTH 29 DEGREES 42 MINUTES 15 SEC-ONDS EAST, A DISTANCE OF 92.18 FEET; THENCE NORTH 31 DEGREES 52 MIN-UTES 04 SECONDS EAST, A DISTANCE OF 89.86 FEET; THENCE NORTH 34 DE-GREES 04 MINUTES 22 SECONDS EAST, A DISTANCE OF 89.86 FEET; THENCENORTH 36 DEGREES 15 MINUTES 55 SECONDS EAST, A DISTANCE OF 89.85 FEET;THENCE NORTH 38 DEGREES 27 MINUTES 29 SECONDS EAST, A DISTANCE OF89.86 FEET; THENCE NORTH 41 DEGREES 45 MINUTES 35 SECONDS EAST, A DIS-TANCE OF 181.24 FEET; THENCE NORTH 44 DEGREES 43 MINUTES 59 SECONDSEAST, A DISTANCE OF 66.00 FEET; THENCE SOUTH 45 DEGREES 16 MINUTES 01SECONDS EAST, A DISTANCE OF 286.14 FEET TO THE NORTHEASTERLY CORNEROF FOREST TRAIL LANE RIGHT-OF-WAY AND THE WESTERLY LINE OF SAIDCONSERVANCY-POD 4 PLAT AS RECORDED IN SAID DOCUMENT 2007K035676;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID POD 4 PLAT FORTHE FOLLOWING 21 COURSES: 1) THENCE SOUTH 44 DEGREES 43 MINUTES 59SECONDS WEST, A DISTANCE OF 66.00 FEET; 2) THENCE SOUTH 45 DEGREES 16MINUTES 01 SECONDS EAST, A DISTANCE OF 72.88 FEET; 3) THENCE SOUTH 43DEGREES 10 MINUTES 01 SECONDS WEST, A DISTANCE OF 86.69 FEET; 4) THENCESOUTH 40 DEGREES 31 MINUTES 42 SECONDS WEST, A DISTANCE OF 87.89 FEET;5) THENCE SOUTH 37 DEGREES 55 MINUTES 05 SECONDS WEST, A DISTANCE OF87.92 FEET; 6) THENCE SOUTH 35 DEGREES 18 MINUTES 28 SECONDS WEST, A DIS-TANCE OF 87.94 FEET; 7) THENCE SOUTH 32 DEGREES 41 MINUTES 48 SECONDSWEST, A DISTANCE OF 87.96 FEET; 8) THENCE SOUTH 30 DEGREES 06 MINUTES 15SECONDS WEST, A DISTANCE OF 87.16 FEET; 9) THENCE NORTH 62 DEGREES 29MINUTES 23 SECONDS WEST, A DISTANCE OF 25.00 FEET; 10) THENCE SOUTH 24DEGREES 54 MINUTES 27 SECONDS WEST, A DISTANCE OF 66.07 FEET; 11)THENCE SOUTH 62 DEGREES 29 MINUTES 23 SECONDS EAST, A DISTANCE OF 25.00FEET; 12) THENCE SOUTH 27 DEGREES 26 MINUTES 30 SECONDS WEST, A DIS-TANCE OF 81.31 FEET; 13) THENCE SOUTH 22 DEGREES 53 MINUTES 30 SECONDSWEST, A DISTANCE OF 83.26 FEET; 14) THENCE SOUTH 20 DEGREES 25 MINUTES19 SECONDS WEST, A DISTANCE OF 83.26 FEET; 15) THENCE SOUTH 17 DEGREES57 MINUTES 39 SECONDS WEST, A DISTANCE OF 82.79 FEET; 16) THENCE SOUTH 15DEGREES 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 82.79 FEET; 17)THENCE SOUTH 13 DEGREES 03 MINUTES 09 SECONDS WEST, A DISTANCE OF82.79 FEET; 18) THENCE SOUTH 09 DEGREES 22 MINUTES 18 SECONDS WEST, ADISTANCE OF 82.77 FEET; 19) THENCE SOUTH 09 DEGREES 22 MINUTES 12 SEC-ONDS WEST, A DISTANCE OF 82.77 FEET; 20) THENCE SOUTH 05 DEGREES 41 MIN-UTES 25 SECONDS WEST, A DISTANCE OF 82.79 FEET; 21) THENCE SOUTH 01 DE-GREES 08 MINUTES 39 SECONDS WEST, A DISTANCE OF 81.75 FEET TO THE POINTOF BEGINNING, IN KANE COUNTY, ILLINOIS.PARCEL 2:THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11,TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, EX-CEPTING THEREFROM THAT PART FALLING WITHIN THE CONSERVANCY-POD 4PLAT OF SUBDIVISION, RECORDED MARCH 30, 2007 AS DOCUMENT NO.2007K035676, IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS.PARCEL 3:THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 42,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROMTHAT PART FALLING WITHIN THE CONSERVANCY-POD 4 PLAT OF SUBDIVISION,RECORDED MARCH 30, 2007 AS DOCUMENT NO. 2007K035676, IN THE TOWNSHIP OFRUTLAND, KANE COUNTY, ILLINOIS.PARCEL 4:THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 42NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTINGTHEREFROM THAT PART FALLING WITHIN THE CONSERVANCY-POD 4 PLAT OFSUBDIVISION, RECORDED MARCH 30, 2007 AS DOCUMENT NO. 2007K035676, IN THETOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS.PARCEL 5:THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUAR-TER OF SECTION 11, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCI-PAL MERIDIAN, IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS.PARCEL 6:THE SOUTH HALF OF THE SOUTH HALF OF SECTION 2 AND THE NORTH HALF OFTHE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 42 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OFRUTLAND, KANE COUNTY, ILLINOIS.PARCEL 7:THE NORTH HALF OF THE NORTHEAST QUARTER (EXCEPT THE SOUTH 4 RODSOF THE WEST 3 RODS THEREOF) OF SECTION 11, TOWNSHIP 42 NORTH, RANGE 7EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF RUTLAND,KANE COUNTY, ILLINOIS.PARCEL 8:THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 2, (EX-CEPT THE WEST 87 LINKS OF THE NORTHWEST QUARTER OF SAID NORTHWESTFRACTIONAL QUARTER AND ALSO EXCEPT THAT PART OF SAID NORTHWESTFRACTIONAL LYING NORTHEASTERLY OF THE CENTER LINE OF HUNTLEYROAD), TOGETHER WITH THE NORTH HALF OF THE SOUTHWEST QUARTER OFSAID SECTION 2, ALL IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRDPRINCIPAL MERIDIAN IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH-EAST CORNER OF A PARCEL OF LAND DESCRIBED BY DEED RECORDED JULY10, 1868 AS DOCUMENT 2037, SAID POINT BEING 87 LINKS (57.42 FEET) EAST OFTHE NORTHWEST CORNER OF SAID NORTHWEST FRACTIONAL SECTION 2;THENCE NORTH 89 DEGREES 51 MINUTES 44 SECONDS EAST ALONG THE NORTHLINE OF SAID NORTHWEST FRACTIONAL QUARTER, A DISTANCE OF 1197.74FEET TO THE CENTERLINE OF THE HUNTLEY-DUNDEE ROAD 66.00 FOOT WIDERIGHT-OF-WAY; THENCE SOUTH 50 DEGREES 43 MINUTES 35 SECONDS EASTALONG SAID CENTERLINE, A DISTANCE OF 1177.09 FEET; THENCE SOUTH 39 DE-GREES 16 MINUTES 25 SECONDS WEST PERPENDICULAR TO THE LAST DE-SCRIBED COURSE, A DISTANCE OF 1766.01 FEET; THENCE SOUTH 89 DEGREES 51MINUTES 44 SECONDS WEST ALONG A LINE PARALLEL WITH THE NORTH LINEOF SAID NORTHWEST FRACTIONAL SECTION, A DISTANCE OF 433.74 FEET;THENCE SOUTH 22 DEGREES 20 MINUTES 17 SECONDS EAST, A DISTANCE OF1978.77 FEET TO A POINT ON THE SOUTH LINE OF NORTH HALF OF THE SOUTH-WEST QUARTER OF SAID FRACTIONAL SECTION 2; THENCE SOUTH 89 DEGREES48 MINUTES 45 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1386.37FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID FRACTIONALSECTION 2; THENCE NORTH 00 DEGREES 17 MINUTES 04 SECONDS EAST ALONGSAID WEST LINE, A DISTANCE OF 1320.11 FEET TO THE NORTHWEST CORNER OFTHE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 2; THENCE CONTIN-UING NORTH 00 DEGREES 17 MINUTES 04 SECONDS EAST ALONG THE WEST LINEOF SAID NORTHWEST FRACTIONAL QUARTER, A DISTANCE OF 1320.42 FEET TOTHE SOUTHWEST CORNER OF GOVERNMENT LOT 2, ALSO BEING THE SOUTH-WEST CORNER OF LAND DESCRIBED BY SAID DOCUMENT 2037; THENCE NORTH89 DEGREES 53 MINUTES 23 SECONDS EAST ALONG THE SOUTH LINE OF SAIDGOVERNMENT LOT 2 A DISTANCE OF 87 LINKS (57.42 FEET); THENCE NORTH 00DEGREES 17 MINUTES 04 SECONDS EAST ALONG THE EAST LINE OF LAND DE-SCRIBED BY SAID DOCUMENT 2037, A DISTANCE OF 1304.64 FEET TO THE POINTOF BEGINNING, IN KANE COUNTY, ILLINOIS.PARCEL 9:COMMENCING AT A POINT 87 LINKS EAST OF THE NORTHWEST CORNER OF THENORTHWEST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 42 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN RUTLAND TOWN-SHIP, KANE COUNTY, ILLINOIS; THENCE NORTH 89 DEGREES 51 MINUTES 44SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST FRACTIONALQUARTER, A DISTANCE OF 1197.74 FEET TO THE CENTERLINE OF THE HUN-TLEY-DUNDEE ROAD 66.00 FOOT WIDE RIGHT-OF-WAY; THENCE SOUTH 50 DE-GREES 43 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCEOF 1177.09 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 39 DEGREES 16MINUTES 25 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBEDCOURSE, A DISTANCE OF 1766.01 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES44 SECONDS WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAIDNORTHWEST FRACTIONAL SECTION, A DISTANCE OF 433.74 FEET; THENCESOUTH 22 DEGREES 20 MINUTES 17 SECONDS EAST TO A POINT ON THE HALFSECTION LINE OF SAID SECTION 2; THENCE EAST ALONG SAID EAST-WESTHALF SECTION LINE TO THE CENTER POINT OF SECTION 2; THENCE NORTHALONG THE NORTH-SOUTH HALF SECTION LINE OF SECTION 2 TO THE CENTER-LINE OF SAID HUNTLEY ROAD; THENCE WESTERLY ALONG SAID CENTERLINETO THE POINT OF BEGINNING, TOWNSHIP OF RUTLAND, COUNTY OF KANE,STATE OF ILLINOIS.PARCEL 10:THE NORTH HALF OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 2,TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALLIN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS, EXCEPT THE FOLLOWINGDESCRIBED TRACT:BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OFSAID FRACTIONAL SECTION 2; THENCE SOUTH 00 DEGREES 17 MINUTES 04 SEC-ONDS WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAIDFRACTIONAL SECTION 2, A DISTANCE OF 1320.11 FEET TO THE SOUTH LINE OFSAID NORTH HALF OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 2;THENCE NORTH 89 DEGREES 48 MINUTES 45 SECONDS EAST ALONG SAID SOUTHLINE A DISTANCE OF 1386.37 FEET; THENCE NORTH 22 DEGREES 20 MINUTES 17SECONDS WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUAR-TER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTERTO THE POINT OF BEGINNING, TOWNSHIP OF RUTLAND, COUNTY OF KANE,STATE OF ILLINOIS.CONTAINING 618.68 ACRES MORE OR LESSCURRENT P.I.N.’S:02-11-326-001 (PARCEL 1)02-11-100-003 (PARCEL 1)02-11-200-007 (PARCEL 2)02-11-400-003 (PARCEL 3)02-11-400-005 (PARCEL 4)02-11-200-005 (PARCEL 5)02-11-100-010 (PARCEL 6)02-02-300-002 (PARCEL 6)02-02-400-002 (PARCEL 6)02-11-200-001 (PARCEL 7)02-02-100-008 (PARCEL 8)02-02-300-004 (PARCEL 8)02-02-100-007 (PARCEL 9)02-02-300-003 (PARCEL 10)The proposed amendment would, among other things, modify provisions of the Annexa-tion Agreement to reflect proposed zoning changes and changes to the previously ap-proved planned unit development (PUD) to authorize (1) an increase in the number ofresidential lots and units and to allow townhomes on a portion of the Conservancy Devel-opment; (2) changes to the approved preliminary PUD and site plan for the ConservancyDevelopment; (3) an increase in the number of age-targeted, maintenance free homes inthe Conservancy Development; (4) a rezoning of a portion of the Conservancy Develop-ment from the R-3 to the R-4 zoning district to allow the development of townhomes; and(5) other modifications and changes consistent with the proposed zoning changes.You are hereby notified that the proposed Third Amendment to the Annexation Agreementmay be changed, altered, modified, amended, or redrafted in its entirety after the publichearing. A draft of the proposed Third Amendment to the Annexation Agreement will beon file with the Village Clerk.All interested persons are invited to appear and be heard at the time and place listedabove. Additional information about the proposed rezoning and the public hearing areavailable from the Village of Gilberts at (847) 428-2861. The hearing may be continued bythe Village Board without further publication of notice.Village of GilbertsPublished in Daily Herald May 25, 2019 (4525564)

Adoptions


Assumed Names

In the Circuit Court of theNineteenth Judicial CircuitLake County, IllinoisIn Re the Marriage of:Maria Felix SanchezPetitionervs.Bulmaro Sanchez AntunezRespondentCase No. 19D000695Notice by Publication

The requisite affidavit forpublication having beenfiled , NOTICE IS HEREBYGIVEN YOU, Bulmaro San-chez Antunez, respondent,that this case has been com-menced in this court by thepetitioner against you fordissolution of marriage andother relief.

UNLESS YOU file youranswer or otherwise fileyour appearance in thiscase in the office of the clerkof this court in the LakeCounty Courthouse, Wauke-gan, Illinois, on or beforeJuly 8, 2019, *A JUDG-MENT OR DECREE BYDEFAULT MAY BETAKEN AGAINST YOUFOR THE RELIEF ASKEDIN THE COMPLAINT.Dated: April 29, 2019/s/ Erin CartwrightWeinsteinLake County Circuit ClerkPublished in Daily HeraldMay 18, 25,Jun 1,2018 4525139

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 21st dayof May, 2019, under the As-sumed Name of

Twins Delivery Companywith the place of businesslocated at 2909 Willow Ln.,Apt. #15, Zion, IL 60099The true name and resi-dence address of the owneris: Patricia HernandezCortes, 2909 Willow Ln., Apt.#15, Zion, IL 60099, EdgarEscoto Verillo, 2227 8thPkwy., Waukegan, IL 60085/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 25,Jun 1,8,2019 4525513 NOTICE OF

PUBLIC HEARINGNotice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• A 5.1 foot variation fromChapter 28, Section 5.1-3.2(Required Minimum Yards)to allow a deck with a sideyard setback of 1.5 feet in-stead of the required 6.6feet.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:Lot 4 in Block 1 in ShermanE. Pates Addition to Arling-ton Heights, being a subdivi-sion of part of the West 1306feet of the North 331 feet ofthe East ½ of the SouthwestQuarter of Section 29, Town-ship 42 North, Range 11 Eastof the Third Principal Me-ridian, according to the Platthereof recorded January 3,1916 as Document Number5779876, in Cook County, Illi-nois.Commonly known as: 515 N.Arlington Heights Road.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525361)

VILLAGE OF GILBERTSPUBLIC NOTICE

REGARDING A HEARINGON A VARIANCEAPPLICATION

PUBLIC NOTICE ISHEREBY GIVEN that theVillage of Gilberts PlanCommission will conduct apublic hearing on June 12,2019 at 7:00 p.m., at GilbertsVillage Hall, 87 GalliganRoad, Gilberts, Illinois, tohear testimony and receiveevidence on an applicationfor the following variancesfrom Section 10-3-6(B)(8) ofthe Gilberts Unified Devel-opment Ordinance for cer-tain lots within the propertycommonly known as Gil-berts Town Center, Unit 2B:(1) a reduction in the mini-mum square footage for du-plex units from the required1,800 square feet to 1,445square feet; (2) a reductionin the required masonryconstruction on the streetfaçade from 50% to 30%;and (3) a reduction in theminimum number of re-quired corners on a buildingfrom 8 to 5.The lots that are subject tothe variance application arelegally described as fol-lows:LOTS 12, 13, 15, 28, 32, 33, 35,36, 37, 38, 39, 40, 52, 53, 56, 57,63, 64, 66 AND 69 IN GIL-BERTS TOWN CENTER-UNIT 2B, BEING A SUBDI-VISION OF PART OF THENORTHEAST 1/4 OF SEC-TION 24, TOWNSHIP 42NORTH, RANGE 7, EASTOF THE THIRD PRINCI-PAL MERIDIAN, AC-CORDING TO THE PLATTHEREOF RECORDEDMARCH 28, 2006 AS DOCU-MENT 2006K032929, INKANE COUNTY, ILLINOISAll persons interested in thevariance application shouldattend and will be given anopportunity to provide writ-ten and oral testimony. Ad-ditional information aboutthe variance applicationand the public hearing areavailable from the Village ofGilberts at (847) 428-2861.The public hearing may becontinued from time to timewithout further public no-tice.Gilberts Plan CommissionVillage of GilbertsPublished in Daily HeraldMay 25, 2019 (4525566)


Notice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• A 1.8 foot variation fromChapter 28, Section 5.1-3.2(Required Minimum Yards)to allow a new home with afront yard setback of 20.0feet instead of the required21.8 feet, and an additional1.0 feet for the eave.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:Lot 4 in Block 6 in George W.Dunton’s addition to Arling-ton Heights Number 2, in theeast ½ of the southwest ¼north of Railroad (exceptthe north 20 acres of Section29, Township 42 North,Range 11, east of the ThirdPrincipal Meridian, accord-ing to the plat thereof re-corded December 12, 1908 asDocument Number 4301386,in Cook County, Illinois.Commonly known as: 102 N.Belmont Avenue.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525364)

Assumed Names Assumed Names

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 29th dayof April, 2019 under theAssumed Name of

BAR-MELwith the place of businesslocated at 1133 StratfordRoad, Deerfield, IL 60015.The true name andresidence address of theowner is: Mel Williams1133 Stratford RoadDeerfield, IL 60015/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 11, 18, 25, 2019 (4524448)

Bid Notices

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 14th dayof May, 2019, under theAssumed Name of

DEERFIELD FLORISTwith the place of businesslocated at 20522 MilwaukeeAve., Deerfield, IL 60015The true name andresidence address of theowner is: Hyun Soon Kim,134 Midway Ln., VernonHills, IL 60061/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 18,25, Jun 1,2019 4525031

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 8th dayof May, 2019 under theAssumed Name ofAce Automotive Equipmentwith the place of businesslocated at42513 N. Park Ave.Antioch, IL 60002The true name andresidence address of theowner is: Chad Abbott42513 N. Park Ave.Antioch, IL 60002/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 11, 18, 25, 2019 (4524443)


Notice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• A 2.2 foot variation fromChapter 28, Section 5.1-3.2(Required Minimum Yards)to allow a second story addi-tion with a side yard setbackof 2.8 feet instead of the re-quired 5.0 feet, and an addi-tional 0.7 feet for the eave.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:Lot 207 in Scarsdale, being asubdivision of part of thewest ½ of the east ½ andpart of the east ½ of thewest ½ of Section 32, Town-ship 42 North, Range 11,east of the Third PrincipalMeridian, in Cook County,Illinois.Commonly known as:433 S. Belmont Avenue.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525360)

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 26th dayof April, 2019, under theAssumed Name of

Athletes for Godwith the place of businesslocated at 127 Midway Lane,Vernon Hills, IL 60061The true name and resi-dence address of the owneris: Jessica Villegas, 127Midway Lane, Vernon Hills,IL 60061/s/ Carla N. WyckoffLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldApr 30, May 7, 14, 2019(4523647)


IN THE CIRCUIT COURTOF

THE EIGHTEENTHJUDICIAL CIRCUITDUPAGE COUNTY,

ILLINOISEstate of David MiltonBlomberg, Deceased, CaseNo. 2019P000357Notice is hereby given tocreditors of the death of theabove named decedent,whose address was 114Windsor Park Drive, Apt.B101, Carol Stream, Illinois60188. Letters of Office wereissued to Sarah L. Blom-berg, 114 Windsor ParkDrive, Apt. B101, CarolStream, Illinois 60188, as In-dependent Executor andwhose attorney of record isStephen E. Ryd, Ryd LawGroup, P.C., 1900 SpringRd., Suite 216, Oak Brook,Illinois 60523. The estate willbe administered withoutcourt supervision, unlessunder Section 5/28-4 of theProbate Act (Ill. CompiledStat. 1992, Ch. 755, par. 5/28-4) any interested person ter-minates independent ad-ministration at any time bymailing or delivering a peti-tion to terminate to theClerk of the Circuit Court.Claims against the estatemay be filed with the officeof Chris Kachiroubas, Clerkof the Circuit Court, 505 N.County Farm Rd., Wheaton,Illinois 60187, or with therepresentative, or both, onor before November 25,2019, which date is not lessthan six (6) months from thedate of the first publicationof this notice, or, if mailingor delivery of a notice fromthe representative is re-quired by section 5/18-3 ofthe Probate Act, the datestated in that notice. Anyclaim not filed on or beforesuch date is barred. Copiesof a claim filed with theClerk must be mailed or de-livered by the claimant tothe representative and tothe representative’s attor-ney within 10 days after ithas been filed with theClerk.Published in Daily HeraldMay 25, Jun 1,8,2019 4525560


Notice is hereby given that apublic hearing will be heldon Monday, June 10, 2019 at7:00 P.M. in the BuechnerRoom, 1st Floor of the Ar-lington Heights Village Hall,33 S. Arlington HeightsRoad, Arlington Heights, Il-linois, at which time theZoning Board of Appealswill consider a request for:• ?A variation from Chapter28, Section 6.5-2 to allow adetached garage in the sideyard where detached gar-ages are only permitted inthe rear yard.And any other variationswhich may be required bythe Zoning Board of Appealson the following legally de-scribed property:Lot 3 in C.S. Hoyt’s Subdivi-sion of Lot 3 in CarolineFienes Subdivision of theSouth 50 acres of the easthalf of the northeast quarterof Section 31, Township 42North, Range 11 east of thethird principal meridian, inCook County, Illinois.Lot 7 in Calvin Mitchell’sSubdivision of Lots 1 and 2 inCaroline Fiene’s Subdivi-sion of the south 50 acres ofthe east half of the northeastquarter of Section 31, Town-ship 42 north, Range 11, eastof the third principal merid-ian, in Cook County, Illinois.Commonly known as: 323 S.Walnut Avenue.Persons with disabilities re-quiring auxiliary aids orservices, such as anAmerican Sign Languageinterpreter or written mate-rials in accessible formats,should contact David Robb,Disabilities Services Coordi-nator at 33 S. ArlingtonHeights Road, ArlingtonHeights, Illinois 60005, (847)368-5793 (Voice), (847) 368-5980 (Fax) [email protected] Divito, ChairmanZoning Board of AppealsPublished in Daily HeraldMay 25, 2019 (4525365)

NoticeWithdrawal of Owners orCancellationName of Business:Your Pictures, My Magic!Original Date Filed:December 29, 2011State of Illinois )County of Lake )

This is to certify that theperson listed below hasceased doing business underthe assumed name or has nofurther connection or finan-cial interest in said busi-ness.

Withdrawal shall be effec-tive May 21, 2019.Jennifer G. Brewer40841 Nevelier Dr.Antioch, IL 60002

The foregoing instrumentwas acknowledged beforeme by the person withdraw-ing from the business this21st day of May, 2019/s/ Jonathon P. TillisNotary Public

Lake County ClerkRobin M. O’ConnorPublished in Daily HeraldMay 25,Jun 1,8,2019 4525557

All Other

IN THE CIRCUIT COURTFOR THE16th JUDICIAL CIRCUITKANE COUNTY, ILLINOISIN RE: THE MARRIAGEOFJORGE GARCIACONTRERASPetitionervs.ANGELINA AMEZCUAMACIELRespondentCase No. 19 D 240NOTICE FORPUBLICATIONThe requisite Affidavit forPublication having beenfiled, notice is given youANGELINA AMEZCUAMACIEL, Respondent in theabove entitled action, thatthe action has been com-menced in the Circuit Courtof the Sixteenth JudicialCircuit, Kane County, by thePetitioner against youpraying for Dissolution ofMarriage and other relief,summons was issued out ofthe Court against you asprovided by law and theaction is still pending.Consequently, unless youANGELINA AMEZCUAMACIEL, Respondent, fileyour answer to the com-plaint in the action or other-wise make your appearancein the Circuit Court of theSixteenth Judicial Circuit ofKane County, held in thecourthouse in the City of St.Charles, Illinois, on or be-fore June 10, 2019 defaultmay be entered against youat any time after that dayand judgment entered in ac-cordance with the prayer ofthe complaint.Dated: MAY 9, 2019/s/ Thomas M. HartwellClerk of the CourtTHE GIL LAW GROUP605 N. BROADWAYAURORA, IL 60505630-906-0144(4524586)


BID NOTICEThe Palatine Park Districtwill receive sealed bids forPalatine Hills Golf CourseIrrigation Upgrade Phase 4until 10:30 a.m. on Tuesday,June 11, 2019 at the Commu-nity Center, 250 East WoodStreet Palatine, IL 60067 atwhich time and place allbids will be publicly openedand read aloud. Successfulbidder must comply with allapplicable laws and regula-tions pertaining to equalemployment and paymentof prevailing wages.Electronic versions of plansand specifications are avail-able by contacting BradHelms, Golf Course Superin-tendent at 847-894-0006 [email protected] will be no pre-bidmeeting for this project butsite visits can be arrangedby contacting Brad Helms.The Palatine Park Districtreserves the right to acceptor reject any or all bids, andalso reserves the right to ac-cept only portions of a pro-posal and reject the remain-der.Steven NagleSuperintendent of FacilitiesPublished in Daily HeraldMay 25, 2019 (4525567)

NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 9th dayof May, 2019, under theAssumed Name of

Honeybear Homeswith the place of businesslocated at 21456 HoneyLane, Lake Villa, IL 60046The true name andresidence address of theowner is: Matt Fralick,21456 Honey Lane, LakeVilla, IL 60046/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 11, 18, 25, 2019 (4524587)


Public Open House for theAckman Road and

Lakewood Road ProjectsThe McHenry County Divi-sion of Transportation(MCDOT) will hold a PublicOpen House for the AckmanRoad Feasibility Study andLakewood Road Phase 1projects. The Open Housewill occur on Thursday, May30 from 5:00 PM to 8:00 PMat Woods Creek ElementarySchool (1100 AlexandraBlvd, Crystal Lake IL). Thepurpose of the Open Houseis to describe the project de-velopment process andgather public input on thetransportation issues, con-cerns, and needs of thestudy areas. Attendees willhave the opportunity to re-view exhibits, provide com-ments, and meet withMCDOT and study teamrepresentatives. WoodsCreek School is accessible topeople with disabilities. Forquestions about this meet-ing, please contact theMcHenry County Division ofTransportation at (815) 334-4960.Published in Daily HeraldMay 25, 2019 (4525586)


Notice of Public HearingPublic Notice is herebygiven that the Zoning Boardof Appeals of the Village ofLibertyville, Lake County,Illinois 60048, will hold aPublic Hearing in the Vil-lage Hall, 118 West Cook Av-enue, in the Village of Liber-tyville, on Monday, June 10,2019, at 7:00 P.M. or soonthereafter on the aforemen-tioned date for the purposeof considering the followingapplications:ZBA 19-18 Cory and SabrinaMoffat, Applicants – 520Riverside Drive.Request is for a variation toreduce the minimum re-quired side yard setback inorder to construct a houseaddition for property lo-cated in an R-6, Single Fam-ily Residential District.ZBA 19-19 Joseph and MaryStout, Applicants – 500Broadway.Request is for a variation toreduce the minimum re-quired corner side yard set-back in order to construct adetached garage for prop-erty located in an R-8, Multi-ple Family Residential Dis-trict.Documentation concerningthese matters is availablefor public inspection in theCommunity DevelopmentDepartment, Planning Divi-sion office between 8:00 a.m.and 5:00 p.m., Monday thruFriday, at the Allen H.Schertz Municipal Building,200 East Cook Avenue, Li-bertyville, Illinois 60048(847) 918-2028.Any individual who wouldlike to attend this meeting,but because of a disabilityneeds some accommodationto participate, should con-tact the ADA Coordinator at118 West Cook Avenue, Li-bertyville, Illinois 60048(847) 362-2430. Assistive lis-tening devices are avail-able.Dated in the Village of Li-bertyville, Lake County, Illi-nois 60048 on May 22, 2019.Zoning Board of Appeals ofthe Village of Libertyville,Lake County, Illinois 60048By: Kurt SchultzChairPublished in Daily HeraldMay 25, 2019 (4525510)

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NOTICENotice is hereby given, pur-suant to "An Act in relationto the use of an AssumedBusiness Name in the con-duct or transaction of Busi-ness in this State", asamended, that a certificatewas filed by the undersignedwith the County Clerk ofLake County, on the 2nd dayof May, 2019, under the As-sumed Name of

Flawless Flooringwith the place of businesslocated at 590 SummerBlvd., Apt. 104, Lakemoor,IL 60051The true name and resi-dence address of the owneris: Jordan Scandiff, 590Summer Blvd., Apt. 104,Lakemoor, IL 60051/s/ Robin M. O’ConnorLake County ClerkState of IllinoisCounty of LakePublished in Daily HeraldMay 11, 18, 25, 2019 (4524552)

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To: Plan Commission From: Brian Bourdeau, Village Administrator Date: June 12, 2019 Plan Commission Subject: Item 5: Public Hearing on a Request for Variation to the Previously Approved

Standards for the Gilberts Town Center Duplexes Background On April 27, 2005, the Village approved an Annexation Agreement for the development of Gilberts Town Center. The development included multiple sites for duplex units. The number of duplex lots was reduced through the First Amendment to the Annexation Agreement approved on December 13, 2011. The First Amendment also included building elevations and design requirements for the duplex lots. In November 2013, REO Funding Solutions IV, LLC (REO), acquired ownership of 20 remaining duplex lots from Ryland Homes and has subsequently been marketing the lots to builders. In 2017, the Village added Section 10-3-6(B)(8) to the Gilberts Unified Development Ordinance (UDO) to include specific standards for duplex buildings in the R-4 Multifamily Zoning District. The duplex lots in Gilberts Town Center are zoned R-4 and are therefore subject to these additional standards. REO has secured a building partner willing to build a product that substantially conforms to the duplex design requirements as outlined in the First Amendment to the Annexation Agreement Section 4(B)(4) and Exhibit F to said agreement. However, as REO is departing from the previously approved plans under the Annexation Agreement, REO needs to comply with the duplex requirements under Section 10-3-6(B)(8) of the UDO. REO is seeking two variations from the standards under Section 10-3-6(B)(8) relating to the dimensions and design of their proposed duplex units. The Plan Commission is tasked with conducting the public hearing on the proposed variations and making a recommendation to the Village Board. Proposed Elevations and Requested Variations The proposed elevations include a combination of ranch/ranch and ranch/two-story duplex units with basements. This is a similar product combination as was previously approved as part of the First Amendment to the Annexation Agreement. For reference, Exhibit F from the First Amendment, which contains the elevations and additional product material detail, is included as an attachment. The proposed units will also each have a 2-car garage with a minimum 400 sq. ft.

area. Attached to this memorandum are the proposed elevations and floor plans for consideration. As noted above, because REO is departing from what was approved under the Annexation Agreement, the duplex requirements under the UDO are triggered. To allow for the construction of its proposed duplex units, REO has requested the following variances:

1. A reduction in the minimum square footage of the duplex units from 1,800 sq. ft. to 1,445 sq. ft. The Village’s UDO 10-3-6(B)-8a requires that duplex units in the R-4 district be a minimum of 1,800 sq. ft. in area. This standard was adopted subsequent to the First Amendment to the Annexation Agreement pertaining to Gilberts Town Center.. The Developer’s proposed floor plan combinations range in range from 1,445 sq. ft. to 2,263 sq. ft.

2. A reduction in the percentage of required masonry on the street facing façade from 50% or 30% and reduction in the minimum outside corners from 8 to 5. The Village’s UDO 10-3-6(B)-8f addresses certain architectural and design elements for duplex units built in the R-4 District. To accommodate the proposed design, the Developer is seeking a variance to allow for 30% of the front façade to be masonry instead of the required 50%. The masonry utilized will be same as the currently built duplex units. Additionally, the Developer requests a variance to permit a minimum of 5 outside corners as opposed to the 8 required. The Developer proposes to match, in all other architectural respects and colors, that of the existing single family dwelling units within 1,000 feet of the duplex units (single family homes within Unit 2B).

Requested Action The Plan Commission is asked to consider to proposed elevations and requested variances and provide a recommendation to the Village Board as to whether the proposed variations satisfy the standards for variation sunder Section 10-11-10(F) of the UDO. Attachments

1. Gilberts Town Center Variance Request Letter from REO Funding Solutions 2. Gilberts Town Center – Unit 2B Resubdivision, Recorded Document 2012K002246 3. Proposed Revised Gilberts Town Center Duplex Elevations/Floor Plans 4. Currently Approved Gilberts Town Center Duplex Elevations, First Amendment to the

Annexation Agreement, Exhibit F, Recorded Document 2012K001801

VIA FEDERAL EXPRESS Brian Bourdeau Village Administrator Village of Gilberts Via Email Kurt Asprooth, Esq. 140 S. Dearborn St, 6th Floor Chicago, IL 60603 [email protected] Re: Request for Variance Owner: REO Funding Solutions IV, LLC (“REO”) Project: Duplex Lots in Gilberts Town Center Unit 2B Dear Brian and Kurt: Please accept this notice as our request for the Village of Gilberts, Illinois (the “Village”) consideration of a proposed Amendment to the Annexation Agreement for Gilberts Town Center (the “Annexation Agreement”). As we have previously communicated, REO purchased the property located east of Tyrell road in the Village of Gilberts in November 2013. REO has diligently marketed the site for many years to builders. Through these efforts, REO has found that it is necessary to make some subtle changes to make the product in the subdivision viable but believe we now have a builder partner and proposed product that closely resembles the existing homes and fully meets the spirit of the design and aesthetic and maintains the architectural integrity of the community as agreed to between the residents and public officials. Accordingly, please find the following for consideration of this proposal: 1. A copy of the Plat of Subdivision for Unit 2B outlining the Duplex Lots which are the subject of this request; 2. Proposed duplex building architecture; 3. A draft of the Third Amendment to the Annexation Agreement; 4. REO’s deposit check to the Village in the amount of $5,000.00. You will notice that REO intends to comply with all of the requirements of the 2005 Annexation Agreement as amended in 2011 and 2017 other than with respect to the size of the duplex buildings. More specifically, in 2011 the First Amendment to the Annexation Agreement and Development Agreement Dated December 13, 2011 (the “First Amendment”), Exhibit “F” provides that the size of the duplex units shall range from 1,630 square feet to 2,243 square feet. REO proposes to build the duplex units ranging from 1,445 square feet to 2,265 square feet.

DocuSign Envelope ID: 1418E0D1-1F2F-414B-B4F0-04447F0566C2

mailto:[email protected]

We understand that in 2014 the Village did adopt the Gilberts Unified Development Ordinance, and amended the same in 2017, by Village Ordinance 21-2017 (collectively the “UDO”). The 2017 amendment to the UDO, at Section 4-B-8, created “Special Standards for Attached Single Family Dwelling Units (Duplexes”) in the R-4 District” (the “UDO Requirements”). REO is requesting the following departures from the UDO Requirements: Section 10-3-6(B)-8a:

The UDO requires that dwelling unit have a minimum of 1,800 square feet. REO’s proposed duplex buildings will range in size from 1,445 square feet to 2,265 square feet.

Section 10-3-6(B)-8f:

The UDO requires that each dwelling unit must be constructed of at least 50% masonry on the street facing façade, contain a minimum of eight (8) outside corners, and be similar in architectural style, color and detail to attached single family dwelling units in Unit 2B. The duplexes that REO proposes to build (1) have a minimum of 30% of masonry on the front elevation, (2) have a minimum of 5 outside corners, and (3) match the architectural style and color of the attached single family dwelling units in Unit 2B.

REO believes that this Unit 2B can be successfully completed based on the specifications provided herein. Please let us know if you need any additional information for consideration of the same. Sincerely, REO Funding Solutions IV, LLC By: Name: Title:

DocuSign Envelope ID: 1418E0D1-1F2F-414B-B4F0-04447F0566C2

Rudy NewellVice President


SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

RIGHT ELEVATION UNIT 2

SCALE: 1/4" = 1'-0

A1.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

A2.0FLOOR PLANS

ISSUE DATE

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SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL


SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL


SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL

DINING ROOM

GREAT ROOM

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SCALE: 1/4" = 1'-0

939 S.F.

WIC

M. BATH

CL

BATH 2

CL

MASTER BEDROOM

OPEN TO BELOW

LOFT

BR 2

BR 3

WIC

M. BATH

CL

BATH 2

CL

MASTER BEDROOM

OPEN TO BELOW

LOFT

BR 2

BR 3


SCALE: 1/4" = 1'-0

939 S.F.

A4.0FLOOR PLANS

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SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0

A5.0FLOOR PLANS

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1,324 S.F.

2,263 TOTAL

RANCH PLAN UNIT 1 w/ BSMT.

SCALE: 1/4" = 1'-0

1,445 S.F.

BATH 2

LAUND.WIC

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SCALE: 1/4" = 1'-0

939 S.F.

RANCH PLAN UNIT 1

SCALE: 1/4" = 1'-0

1,445 S.F.

A8.0FLOOR PLANS

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SCALE: 1/4" = 1'-0


SCALE: 1/4" = 1'-0 A9.0FLOOR PLANS

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LEFT ELEVATION UNIT 1 RANCH

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1,445 S.F.


SCALE: 1/4" = 1'-0

1,324 S.F.

2,263 TOTAL

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GARAGE

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GARAGE

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A11.0FLOOR PLANS

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939 S.F.

WIC

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BATH 2

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MASTER BEDROOM

OPEN TO BELOW

LOFT

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BR 3

A12.0FLOOR PLANS

ISSUE DATE

EXP. 11-30-20

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SCALE: 1/4" = 1'-0

1,445 S.F.

BATH 2

LAUND.WIC

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MASTER BEDROOM

GREAT ROOM

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KITCHEN

L

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CL

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BR. 2

RANCH PLAN w/ BSMT.

SCALE: 1/4" = 1'-0

1,445 S.F.

BATH 2

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VILLAGE BOARD DISCUSSION JULY 9, 2019

Ordinance No. ____________

VILLAGE OF GILBERTS

AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR GILBERTS TOWN CENTER

WHEREAS, the Village of Gilberts Board of Trustees and certain other parties entered

into that certain Annexation Agreement and Development Agreement dated April 27, 2005, and recorded on June 13, 2005, in the Office of the Recorder of Deeds of Kane County, Illinois as Doc. No. 2005K066197 (“Original Annexation Agreement”), for various parcels of land as described in the Original Annexation Agreement as Gilberts Town Center; and

WHEREAS, the Original Annexation Agreement was later amended by the First Amendment, dated December 13, 2011, and recorded on January 10, 2012, in the office of the Recorder of Deeds of Kane County, Illinois as Doc. No. 2012K001801 (the “First Amendment”); and

WHEREAS, the Original Annexation Agreement and the First Amendment were later amended by the Second Amendment, dated December 20, 2016, and recorded on January 3, 2017, in the Office of the Recorder of Deeds of Kane County, Illinois as Doc. No. 2017K000143 (the “Second Amendment”), (the Original Annexation Agreement, the First Amendment, and the Second Amendment shall collectively be referred to as the “Annexation Agreement”); and

WHEREAS, REO Funding Solutions IV, LLC (“Owner”), is the legal title holder of 20 duplex lots situated in Unit 2B of Gilberts Town Center (the “REO Duplex Lots”); and

WHEREAS, the development and use of the REO Duplex Lots are governed by the Annexation Agreement; and

WHEREAS, the Owner has proposed certain modifications to the Annexation Agreement relating to the size and design requirements for duplex construction on the REO Duplex Lots (the “Third Amendment”), and has applied for certain variances from the Gilberts Unified Development Ordinance (“UDO”) relating to duplex design requirements for the REO Duplex Lots; and

WHEREAS, the Village Plan Commission held a public hearing on the Owner’s requested variances from the UDO on June 12, 2019, and has recommended approval of the Owner’s requested variances to the Corporate Authorities; and

WHEREAS, the Corporate Authorities of the Village will consider the adoption of a separate ordinance approving the Owner’s requested variances from the UDO immediately after the consideration of the proposed Third Amendment to the Annexation Agreement; and

WHEREAS, the Third Amendment was submitted pursuant to applicable provisions of Illinois Municipal Code to the Corporate Authorities of the Village and a public hearing on the


Third Amendment was held before the Corporate Authorities on July 16, 2019, pursuant to proper notice as provided by statute; and

WHEREAS, the President and Board of Trustees find that amending the Annexation Agreement is in the best interests of the Village and its residents, as set forth in the Third Amendment attached to this Ordinance as Exhibit A.

THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF GILBERTS AS FOLLOWS:

Section 1. Recitals. The recitals set forth above are hereby incorporated into and made a part of this Ordinance as though set forth in this Section 1. Section 2. Approval; Authorization. The Third Amendment to the Annexation Agreement is hereby approved in substantially the form attached hereto as Exhibit A. The Village President and Village Clerk are hereby authorized and directed to execute and attest, respectively, the Third Amendment on behalf of the Village following the delivery of the executed Third Amendment by REO Funding Solutions IV, LLC. The Village Clerk is also authorized and directed to record this Ordinance and Third Amendment with the Office of the Kane County Recorder of Deeds.

Section 3. Continued Effect. Except as expressly modified by this Ordinance and the First and Second Amendments, the Annexation Agreement shall remain in full force and effect to govern the development and use of Gilberts Town Center and the REO Duplex Lots.

Section 4. Severability. In the event a court of competent jurisdiction finds this ordinance or any provision hereof to be invalid or unenforceable as applied, such finding shall not affect the validity of the remaining provisions of this ordinance and the application thereof to the greatest extent permitted by law.

Section 5. Repeal and Saving 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 cause of action which shall have accrued to the Village of Gilberts prior to the effective date of this ordinances.

Section 6. Effective Date. This Ordinance shall be in full force and effect after its approval in the manner provided by law. ADOPTED THIS ______ DAY OF ____________, 2019, pursuant to roll call vote as follows: Ayes Nays Absent Abstain Trustee Dan Corbett _____ _____ _____ _____ Trustee Elissa Kojzarek _____ _____ _____ _____ Trustee Nancy Farrell _____ _____ _____ _____ Trustee Jeanne Allen _____ _____ _____ _____ Trustee Lou Hacker _____ _____ _____ _____


Trustee Guy Zambetti _____ _____ _____ _____ President Rick Zirk _____ _____ _____ _____ APPROVED THIS _____ DAY OF _________, 2019. ___________________________________ Village President, Rick Zirk (SEAL) ATTEST: ___________________________ Village Clerk, Courtney Nicholas Published: ___________________________


EXHIBIT A

THIRD AMENDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENT

FOR GILBERTS TOWN CENTER


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THIS INSTRUMENT PREPARED BY AND RETURN TO: Julie A. Tappendorf Ancel Glink, P.C. 140 S. Dearborn Street, 6th Floor Chicago, IL 60603

THIRD AMENDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENT

FOR GILBERTS TOWN CENTER

THIS THIRD AMENDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR GILBERTS TOWN CENTER ("Third Amendment") dated _________, 2019, by and among THE VILLAGE OF GILBERTS, an Illinois municipal corporation of Kane County, Illinois (the “Village”) and REO Funding Solutions IV, LLC, a Georgia limited liability company (“Owner”).

RECITALS

WHEREAS, the Village and certain other parties entered into that certain Annexation Agreement and Development Agreement dated April 27, 2005, and recorded on June 13, 2005, in the Office of the Recorder of Deeds of Kane County, Illinois as Doc. No. 2005K066197 (“Original Annexation Agreement”), for various parcels of land as described in the Original Annexation Agreement as Gilberts Town Center; and



WHEREAS, the Owner is the legal title holder of 20 duplex lots situated in Unit 2B of Gilberts Town Center, as more specifically described on the attached Exhibit A (the “REO Duplex Lots”); and

WHEREAS, the development and use of the REO Duplex Lots are governed by the Annexation Agreement; and


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WHEREAS, the Owner has proposed certain modifications to the Annexation Agreement relating to the size and design requirements for duplex construction on the REO Duplex Lots, and has applied for certain variances from the Gilberts Unified Development Ordinance (“UDO”) relating to duplex design requirements for the REO Duplex Lots; and

WHEREAS, the Village Plan Commission held a public hearing on the Owner’s requested variances from the UDO on June 12, 2019, and has recommended approval of the Owner’s requested variances to the Corporate Authorities; and

WHEREAS, upon the adoption of this Third Amendment, the Corporate Authorities of the Village will consider the adoption of a separate ordinance approving the Owner’s requested variances from the UDO; and

WHEREAS, all notices, publications, procedures, public hearings and other matters required for the consideration and approval of this Third Amendment have been made, given, held and performed by the Village as required by 65 ILCS 5/11-15.1-1et seq., and all other applicable statutes, and all applicable ordinances, regulations and procedures of the Village; and

WHEREAS, this Third Amendment was submitted pursuant to applicable provisions of Illinois Municipal Code to the Corporate Authorities of the Village and a public hearing on this Third Amendment was held before the Corporate Authorities on July 16, 2019, pursuant to proper notice as provided by statute; and

WHEREAS, the Corporate Authorities of the Village have considered this Third Amendment and determined that execution hereof is in the best interest of the Village and its residents; and

WHEREAS, by a favorable vote of two-thirds of the Corporate Authorities of the Village then holding office, the Village has adopted an ordinance approving the execution of this Third Amendment and authorizing its execution; and

NOW, THEREFORE, in consideration of the observance by the Parties of their respective covenants and obligations as set forth herein, and of other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed as follows:

1. Incorporation of Recitals. The foregoing recitals are material to this Third Amendment and are incorporated into the Third Amendment and made a part hereof as fully stated herein. 2. Capitalized Words and Terms. Capitalized words and terms not otherwise defined in this Third Amendment shall have those meanings and definitions contained in the Annexation Agreement. 3. Prior Agreements/Conflicts. In the event of any conflict or inconsistency between the terms and provisions of the Annexation Agreement and this Third Amendment, this Third Amendment shall govern and apply, but solely as applicable to the REO Duplex Lots.


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4. Amendment to Exhibit F of the First Amendment. Exhibit F to the First Amendment, entitled “Gilberts Town Center 2B Duplex Units,” is hereby replaced in its entirety, but only as to the REO Duplex Lots, with the revised “REO Exhibit F” attached hereto as Exhibit B, which provides for duplex units ranging in square footage from 1,630 square feet to 2,243 square feet, and replaces the existing duplex elevation drawings with the elevations of the duplex units Owner will construct on the REO Duplex Lots. 5. Approval of Variances from the UDO. Following the adoption of this Third Amendment, the Village agrees to adopt an ordinance granting Owner’s requested variances from the UDO for the REO Duplex Lots, a copy of which is attached hereto as Exhibit C.

6. Continued Effect of Annexation Agreement. Except as expressly modified by this Third Amendment, the Annexation Agreement shall remain in full force and effect, and Owner shall comply with all requirements, conditions, and restrictions therein.

7. Amendment to Notices. All notices relating to this Third Amendment and the REO Duplex Lots shall be provided to Owner as follows:

REO Funding Solutions IV, LLC David M. Edwards 1170 Peachtree Street NE, Suite 1150 Atlanta, GA 30309 [email protected] With a copy to:

Mona Naser Carlson Dash 216 S. Jefferson St. Suite 504 Chicago, IL 60661 [email protected]

[signature page follows]




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IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective the date first above stated.

Village of Gilberts, an Illinois municipal corporation By: ______________________________________ Village President Attest: ___________________________________ Village Clerk REO Funding Solutions IV, LLC By: ______________________________________

Its___________________________________


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EXHIBIT A

Legal Description of the Duplex Lots

LOTS 12, 13, 15, 28, 32, 33, 35, 36, 37, 38, 39, 40, 52, 53, 56, 57, 63, 64, 66 AND 69 IN GILBERTS TOWN CENTER-UNIT 2B, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 42 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 28, 2006 AS DOCUMENT 2006K032929, IN KANE COUNTY, ILLINOIS


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EXHIBIT B

REO Exhibit F


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EXHIBIT C

Ordinance Approving Owner’s Requested Variances from the UDO


ORDINANCE NO. _____________

AN ORDINANCE APPROVING VARIATIONS TO THE GILBERTS UNIFIED DEVELOPMENT ORDINANCE

FOR THE DUPLEX LOTS IN GILBERTS TOWN CENTER

WHEREAS, REO Funding Solutions IV, LLC (“Owner”), the owner of 20 duplex lots situated in Unit 2B of Gilberts Town Center, as more specifically described on Exhibit A (“Property”), desires to construct residential duplexes on the Property; and

WHEREAS, the Village and certain other parties entered into a certain Annexation Agreement and Development Agreement dated April 27, 2005, and recorded on June 13, 2005, in the Office of the Recorder of Deeds of Kane County, Illinois as Doc. No. 2005K066197 (“Original Annexation Agreement”), for various parcels of land as described in the Original Annexation Agreement as Gilberts Town Center; and



WHEREAS, the Owner has proposed certain modifications to the Annexation Agreement relating to the size and design requirements for duplex construction on the Property, and has applied for certain variances from the Gilberts Unified Development Ordinance (“UDO’) relating to duplex design and construction requirements for the Property; and

WHEREAS, the Property is currently zoned R-4 Multi-Family Residence District, and is subject to the special standards for attached single family dwelling units under Section 10-3-6(B)(8) of the UDO; and

WHEREAS, the Owner has submitted an application for the following variances from Section 10-3-6-(B)(8) relating to duplex design and construction on the Property: (1) a reduction in the minimum square footage for duplex units from the required 1,800 square feet to 1,445 square feet; (2) a reduction in the required masonry construction on the street façade from 50% to 30%; and (3) a reduction in the minimum number of required corners on a building from 8 to 5 (collectively, the “Variances”); and

WHEREAS, the Gilberts Plan Commission held a public hearing and reviewed the Owner’s requested Variances on June 12, 2019, and at the conclusion of the public hearing voted to recommend approval of the Variances to allow for the Owner’s proposed construction of the duplex units on the Property; and


WHEREAS, the Village Board makes the following findings of fact in reference to the

application for approval of the Variances for the Property:

a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district;

b. The extraordinary or exceptional conditions of the property requiring the request for the Variances were not caused by the Owner;

c. The proposed Variances will alleviate a peculiar, exceptional or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship;

d. The denial of the proposed Variances will deprive the Owner the use permitted to be made by the owners of property in the immediate area;

e. The proposed Variances will result in structures that are appropriate to and compatible with the character and scale of structures in the area in which the Variances are being requested; and

f. There is no other means other than the requested Variations by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD

OF TRUSTEES of the Village of Gilberts, Kane County, Illinois as follows: Section 1. Recitals. The recitals are incorporated into this Section 1 as if fully set forth. Section 2. Variations. Subject to the conditions set forth in Section 3 of this Ordinance, the Village Board of Trustees hereby approves the following variances from Section 10-3-6-(B)(8) relating to duplex construction on the Property:

(1) A reduction in the minimum square footage for duplex units from the required 1,800 square feet to 1,445 square feet;

(2) A reduction in the required masonry construction on the street facade from 50% to 30%; and

(3) A reduction in the minimum number of required corners on a building from 8 to 5.

Section 3. Conditions. The approvals granted pursuant to Section 2 of this Ordinance are conditioned upon and limited by the following conditions, the violation of any of which shall, in the discretion of the President and Board of Trustees, be grounds for the repeal and revocation of the approval granted by this Ordinance in accordance with applicable law. In addition, any


violation of this Ordinance will be deemed a violation of the UDO and subject the Owner to enforcement proceedings accordingly.

A. No Authorization of Work. This Ordinance does not authorize commencement of

any work on the Property. Except as otherwise specifically provided in writing in advance by the Village, no work of any kind may be commenced on the Property pursuant to the approval granted in this Ordinance unless and until all conditions of this Ordinance precedent to that work have been fulfilled and after all permits, approvals, and other authorizations for the work have been properly applied for, paid for, and granted in accordance with applicable law, including, without limitation, approval of final engineering plans and issuance of required permits.

B. Compliance with Laws. The UDO, the Building Code, and all other applicable

Village ordinances and regulations shall continue to apply to the Property, and the development and use of the Property must comply with all laws and regulations of all other federal, state, and local governments and agencies having jurisdiction.

C. Continued Effect of the Annexation Agreement. The Annexation Agreement, as amended, shall remain in full force and effect, and the Owner shall comply with all requirements, conditions, and restrictions therein.

Section 4. Severability. In the event a court of competent jurisdiction finds this Ordinance or any provision hereof to be invalid or unenforceable as applied, such finding shall not affect the validity of the remaining provisions of this ordinance and the application thereof to the greatest extent permitted by law. Section 5. Repeal and Saving 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 cause of action which shall have accrued to the Village of Gilberts prior to the effective date of this Ordinance. Section 6. Effective Date. Upon its passage and approval according to law, this Ordinance shall, by authority of the Board of Trustees, be published in pamphlet form. ADOPTED THIS ______ DAY OF ____________, 2019, pursuant to roll call vote as follows: Ayes Nays Absent Abstain Trustee Dan Corbett _____ _____ _____ _____ Trustee Elissa Kojzarek _____ _____ _____ _____ Trustee Nancy Farrell _____ _____ _____ _____ Trustee Jeanne Allen _____ _____ _____ _____ Trustee Lou Hacker _____ _____ _____ _____ Trustee Guy Zambetti _____ _____ _____ _____ President Rick Zirk _____ _____ _____ _____ APPROVED THIS _____ DAY OF ________, 2019 ___________________________________ Village President, Rick Zirk


(SEAL) ATTEST: ___________________________ Village Clerk, Courtney Nicholas Published: ___________________________


Exhibit A

Legal Description of the Property

LOTS 12, 13, 15, 28, 32, 33, 35, 36, 37, 38, 39, 40, 52, 53, 56, 57, 63, 64, 66 AND 69 IN GILBERTS TOWN CENTER-UNIT 2B, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 42 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 28, 2006 AS DOCUMENT 2006K032929, IN KANE COUNTY, ILLINOIS

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