HomeMy WebLinkAboutOrd.3840.08-20-2007 BILL NO. 07-137 ORDINANCE NO. 5004/0
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
HARRY BIRKHEAD AND STEPHANIE BIRKHEAD FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A RECORDING STUDIO AT 1124 WILLIAM
STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Harry Birkhead and Stephanie Birkhead are the owners
of certain property on which they desire to construct, maintain and
operate a recording studio at 1124 William Street, in the City and
County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said recording studio is
1124 William Street, Cape Girardeau, MO 63701, which property is
presently zoned R-4 , multiple dwelling district; and
WHEREAS, a Special Use Permit is required for said use in an
R-4 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 constructing,
maintaining and operating a recording studio on the following
described property:
The West one-third of Lots 18 and 19 in Block 14 of West
End Place Addition to the City of Cape Girardeau,
Missouri, as shown by Plat recorded in Plat Book 2 at
page 8, more particularly described as follows: Beginning
at the Southwest corner of Lot 19, thence run North along
the East line of Henderson Avenue 113 feet, thence East,
parallel with William Street, 45 feet, thence South,
parallel with Henderson Avenue 113 feet to the North line
of William Street, thence West along the North line of
William Street 45 feet to the place of beginning.
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is hereby granted to Harry Birkhead and Stephanie Birkhead, 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 .
ARTICLE 4. This ordinance shall be in full force and effect
t after its passage and approval .
�t P AND APPROVED THIS o;L DAY OF 2004.
a � y B Knudtson, Mayor
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Gayle L. C rad
City Cle
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SPECIAL USE PERMIT
Harry Birkhead and Stephanie Birkhead are hereby granted a
Special Use Permit for the purpose of constructing, maintaining and
operating a recording studio at 1124 William Street, located in the
City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time :
The West one-third of Lots 18 and 19 in Block 14 of West
End Place Addition to the City of Cape Girardeau,
Missouri, as shown by Plat recorded in Plat Book 2 at
page 8, more particularly described as follows : Beginning
at the Southwest corner of Lot 19, thence run North along
the East line of Henderson Avenue 113 feet, thence East,
parallel with William Street, 45 feet, thence South,
parallel with Henderson Avenue 113 feet to the North line
of William Street, thence West along the North line of
William Street 45 feet to the place of beginning.
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 building
permit 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 . This Special Use Permit is not transferrable without
consent of the City Council .
5 . The recording studio shall be soundproofed.
6 . A minimum of one off-street parking space shall be
maintained.
EXHIBIT A
IN WITNESS WHEREOF, the City Manager of the City of Cape
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, 2007
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this &' L day of ajjp4 I .2))_1_, the Cape Girardeau City Council
considered the application fot Special Use Permit dated June 27, 2007
filed by Harry Birkhead and Stephanie Birkhead for the property located 1124
William Street, Cape Girardeau, Missouri for the purpose of constructing,
maintaining and operating a recording studio.
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
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EXHIBIT B