HomeMy WebLinkAboutOrd.3909.04-21-2008 BILL NO. 08-45 ORDINANCE NO. 3 9 09
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SHAWN PINCKSTEN, JENNIFER S . HENDRICKSON AND
JAMES RHETT HENDRICKSON FOR PURPOSES OF
OPERATING A CONSULTING FIRM, AND CONSTRUCTING
AND MAINTAINING A MONUMENT SIGN, AT 1729
WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Shawn Pincksten is the owner of certain property on
which Shawn Pincksten, Jennifer S . Hendrickson and James Rhett
Hendrickson desire to operate a consulting firm, and to construct
and maintain a monument sign, located at 1729 William Street, in
the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said consulting firm and
monument sign is 1729 William Street, Cape Girardeau, MO 63701,
which property is presently zoned R-2 , Single-family dwelling
district; and
WHEREAS, a Special Use Permit is required for said use in an
R-2, Single-family dwelling zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1. The City Council having duly considered the
application finds that the granting of the Special Use Permit will
not substantially increase traffic hazards, congestion, fire
hazards or adversely affect the general character of the
neighborhood or the general welfare of the community, nor will it
overtax public utilities or be in conflict with the comprehensive
plan.
ARTICLE 2. A Special Use Permit for purposes of operating a
consulting firm, and constructing and maintaining a monument sign,
on the following described property:
The West Half of Lots Five (5) , Six (6) and Seven (7) in
Block Two (2) of Pattengill Place, a subdivision in the
City and County of Cape Girardeau, Missouri, as shown by
plat filed in Plat Book 3 at page 50 .
is hereby granted to Shawn Pincksten, Jennifer S. Hendrickson and
James Rhett Hendrickson to be effective ten (10) days after the
date of passage and approval of this ordinance . The special use
must comply with all regulations set forth in the Zoning Code for
the district in which the use is located except those which have
been specifically excepted under this permit, and all other
applicable ordinances of the City of Cape Girardeau, Missouri, and
any special conditions contained in the Special Use Permit, a copy
of which is attached hereto as Exhibit "A" , and incorporated herein
by reference . The City Manager is hereby given the power to
execute the Special Use Permit for and on behalf of the City of
Cape Girardeau, Missouri .
ARTICLE 3. Attached hereto as Exhibit "B" and incorporated
herein by reference is the formal Findings and Conclusions of the
City Council .
TICLE 4. This ordinance shall be in full force and effect
fter its passage and approval .
A APPROVED THISt DAY OF 20a.
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Jay iKnudtson, Mayor
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Gayle L. rad
City Cler
SPECIAL USE PERMIT
Shawn Pincksten, Jennifer S . Hendrickson and James Rhett
Hendrickson are hereby granted a Special Use Permit for the
purposes of operating a consulting firm, and constructing and
maintaining a monument sign, located at 1729 William Street, in the
City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time :
The West Half of Lots Five (5) , Six (6) and Seven (7) in
Block Two (2) of Pattengill Place, a subdivision in the
City and County of Cape Girardeau, Missouri, as shown by
plat filed in Plat Book 3 at page 50 .
This Special Use Permit is granted upon the condition that the
Applicant be bound by all City Ordinances which pertain to the
Special Use Permit and that the Applicant be bound by the following
conditions which are imposed as a condition of issuance of this
Special Use Permit . Upon the failure of the Applicant to comply
with these special conditions, the Special Use Permit will
automatically terminate and the City of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . Additions or modifications from the original site plan
must be approved by the City Council .
2 . Special use shall meet all applicable zoning regulations.
3 . This Special Use Permit shall automatically terminate in
twelve (12) months upon the failure to develop the use of
the land for which the Special Use Permit has been
issued.
4 . One 30" X 72" monument sign, installed on the William
Street frontage, shall be in substantial conformance with
the site plan approved as part of the Special Use Permit.
4 . This Special Use Permit is not transferrable without
consent of the City Council .
IN WITNESS WHEREOF, the City Manager of the City of Cape
EXHIBIT A
Girardeau, Missouri, affixes his signature this day of
20
Douglas K. Leslie
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of 20 before me
appeared Douglas K. Leslie, to me personally known, who, being by
me duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
LaDonna Laub, Notary Public
My Commission Expires :
August 4, 2011
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of the Cape Girardeau City Council
considered the application for Special Use Permit dated February 26, 2008
filed by Shawn Pinckston, Jennifer S. Henderickson and James Rhett Henderson
for the property located 1729 William Street for the purpose of operating a
consulting firm, and constructing and maintaining a monument sign.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
City Council Findings:
The Proposed Special Use Permit, With
The Stated Conditions, Would:
1. Substantially increase traffic hazards or congestion X
2. Substantially increase fire hazards X
3. Adversely affect the character of the neighborhood; X
or in respect to special use permits for dwelling
purposes where required, be adversely affected by
the character of the neighborhood.
4. Adversely affect the general welfare of the community X
5. Overtax public utilities. x
6 . Be in conflict with the comprehensive city plan X
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-39 and
other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
CITY OF CAPE GIRARDEAU, MISSOURI
(SEAL)
ATTEST: Mayor
City Clerk
EXHIBIT B