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HomeMy WebLinkAboutOrd.5445.08-16-2021BILL NO. 21-124 s ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MARK A. CONR.AD AND D' LORCH PR02ERTIES, LLC, FOR PURPOSES OF CONSTRUCTING, KAINTAINING, AND OPERATING A VEHICLE SALES BUSINESS AT 1295 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, D'Lorch Properties, LLC is the owner of certain property can which Mark A. Conrad desires to construct, maintain, and operate a vehicle sales business, in the City and Coun_y of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said vehicle sales business is 1295 Independence Street, Cape Girardeau, Missouri, which property is presently zoned C-1, General Commercial District and WHEREAS, a Special Use Permit is required for said use in the C-1, General Commercial District. 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, or fire hazards, nor will it 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 the purposes of constructing, maintaining, and operating a vehicle sales business at 1295 Independence Street, in the City and County of Cape Girardeau, Missouri, located on the following described property: Lot Two (2) in Block Four (4) of West End Place Second Addition in the City and County of Cape Girardeau, Missouri as shown can plat recorded in Plat Book 2 at Page. 13. Less and except that portion of said Lot Two (2) conveyed to the City of Cape Girardeau, Missouri in Warranty Deed recorded January 19, 2007 as Document #2407-00857. is hereby granted to Bark A. Conrad and D'Lorch. Properties, LLC, to be effective ten (10) days atter the date of passage and approval OL this ordinance. The special use shall comply with all regulations set forth in the Zoning Code for the district in which 1 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 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 is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten (10) days after its passage and approval. 6 0 1 PASSED AND APPROVED THIS DAY OF 2021 Bob Fox, Mayor ATTEST: N" Y14/, -Deputy City Cl _Z_ Exhibit B (IF APPROVED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS f 1 Now on this �� day of A Z..}1 , 20--L , the Cape Girardeau City Council considered the applicatig'n for a Special Use Permit dated May 3'=, 2021 filed by dark A. Conrad and D'Lorch Properties, LLC, for the property located at 1295 Independence Street, Cape Girardeau, Missouri, for the purposes of constructing, maintaining, and operating a vehicle sales business. In examining this application, the following factors were considered and found as noted; Following consideration of the application, the requirements of Section 30-401 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 the attached Special Use Permit CITY OF CAPE GIRAR?hAU, MISSOURI (SEAL) ATTEST: Bola Fox, yor Yes No N/A City Council Findin s: The Proposed Special Use, 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 affecued by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. 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 30-401 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 the attached Special Use Permit CITY OF CAPE GIRAR?hAU, MISSOURI (SEAL) ATTEST: Bola Fox, yor