HomeMy WebLinkAboutOrd.3866.11-19-2007 BILL NO. 07-183 ORDINANCE NO. 3 (0 (0
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
JAY C. PURCELL AND KELLY R. PURCELL FOR
PURPOSES OF MAINTAINING AND OPERATING AN
UNATTENDED BED AND BREAKFAST/EXTENDED STAY
RESIDENCE, LOCATED AT 141 SOUTH LOUISIANA
STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Jay C. Purcell and Kelly R. Purcell are the owners of
certain property on which they desire to maintain and operate an
unattended bed and breakfast/extended stay residence located at 141
South Louisiana Street, in the City and County of Cape Girardeau,
Missouri; and
WHEREAS, the proposed location of said unattended bed and
breakfast/extended stay residence is 141 South Louisiana Street,
Cape Girardeau, MO 63701, which property is presently zoned R-3 ,
two-family dwelling district; and
WHEREAS, a Special Use Permit is required for said use in an
R-3 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 maintaining
and operating an unattended bed and breakfast/extended stay
residence on the following described property:
Part of Block Ten (10) of West End Place Second Addition
to the City of Cape Girardeau, Missouri, described as
follows : Begin at a point on the West line of Louisiana
Avenue 60. 0 feet North 82 degrees West from the Southwest
corner of Block 11 of West End Place Second Addition, the
same being the Northwest corner of Louisiana Avenue and
William Street; thence in a Westerly direction along the
North line of William Street; thence in a Westerly
direction along the North line of William Street 180 . 0
feet; thence North parallel to Louisiana Avenue 128 )4
feet; thence East parallel to William Street 180 feet to
the West line of Louisiana Avenue; thence South with the
West line of Louisiana Avenue 128 M feet to the Point of
Beginning.
is hereby granted to Jay C. Purcell and Kelly R. Purcell 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
ten days after its passage and approval .
AND APPROVED THIS q20
DAY OF �nyPrriOFl 20�.
G
iii Jay Knudtson, Mayor
"F
V
v,
e L. 'ConkAd
City Clerk
SPECIAL USE PERMIT
Jay C. Purcell and Kelly R. Purcell are hereby granted a
Special Use Permit for the purpose of maintaining and operating an
unattended bed and breakfast/extended stay residence, located in
the City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time :
Part of Block Ten (10) of West End Place Second Addition
to the City of Cape Girardeau, Missouri, described as
follows : Begin at a point on the West line of Louisiana
Avenue 60. 0 feet North 82 degrees West from the Southwest
corner of Block 11 of West End Place Second Addition, the
same being the Northwest corner of Louisiana Avenue and
William Street; thence in a Westerly direction along the
North line of William Street; thence in a Westerly
direction along the North line of William Street 180 . 0
feet; thence North parallel to Louisiana Avenue 128 %
feet; thence East parallel to William Street 180 feet to
the West line of Louisiana Avenue; thence South with the
West line of Louisiana Avenue 128 % feet to the Point 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 . 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.
2 . The Special use shall meet all applicable zoning
regulations .
3 . The property shall be developed in substantial
conformance with the Site Plan approved as part of this
Special Use Permit .
4 . This Special Use Permit is not transferrable without
consent of the City Council .
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, 2011
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this I9ik. day of , o�W-7 , the Cape Girardeau City Council
considered the application f r Special Use Permit dated September 24, 2007
filed by Jay C. Purcell and Kelly R. Purcell for the property located 141 South
Louisiana Street, Cape Girardeau, Missouri for the purpose of maintaining
and operating an unattended bed and breakfast/extended stay residence.
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 jd<---lC URI
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EXHIBIT B