HomeMy WebLinkAboutOrd.5520.03-21-2022 (IF APPROVED)
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
�() FINDINGS ANND�CONCLUSIONS
Now on this9 ( 1' a\y of ,�� O.../1 ) , 20r ; the Cape Girardeau City
Council considered the application for a Special Use Permit dated January 13,
2022 filed by Cary Lee Ogborn and Pecksleys Property, LLC, for the property
located at 401 South Sprigg Street, Cape Girardeau, Missouri, for the purposes of
constructing, maintaining, and operating a boat inspection, repair, and sales
business.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
City Council Findings:
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 affected 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 IRARP 3 , MISSOURI
(SEAL)
ATTEST: Bob Fox, ayor
:ruse Tay: f Deputy City Clerk ___,,-i
A''
o •
T"�Y^ Li:: r '%
Title of Document:
Date of Document:
RECORDER OF DEEDS
COVER PAGE
Special Use Permit
March 22, 2022
Grantor(s) Name & Address: City of Cape Girardeau
44 North Lorimier Street
Cape Girardeau, MO 63701
Grantee(s) Name & Address:
Cary Lee Ogborn and
Pecksleys Property LLC
1205 Pintail Court
Kennett, MO 63857-3833
Legal Description: See Page 1 of Special Use Permit
Reference Book & Page, if Required:
DocIIjInIII II'I55IIIII
DOCUMENT #
2022-03663
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
04/0112022 11:20:54 AM
REC FEE: 36.40
PAGES: 5
SPECIAL USE PERMIT
Cary
Lee Ogborn and Pecks legs
Property,
LLC, are hereby
granted a
Special Use Permit for the
purposes
of constructing,
maintaining, and operating a boat inspection,
repair, and sales
business at 401 South Sprigg Street in
the City
and County of Cape
Girardeau,
Missouri, on the following
described property for an
indefinite
period of time:
All of Lot 58, Range "I" in the City of Cape Girardeau,
LE - SS AND EXCEPT the South part of Lot 58, Range "I"" in
the City of Cape Girardeau described as beginning at the
Southeast corner of Lot 58, Range "I", and run North with
Sprigg Street, 46 feet, thence West, parallel with the
Southern Boundary of said Lot, 180 feet to an alley,
thence with said alley, South 46 feet to the southern
boundary line of said lot, thence East with said boundary
line, 180 feet to the place of beginning.
AND ALSO
All of the East 80 feet of Lot No. 59 in Range "I" in the
City of Cape Girardeau, Missouri, fronting 80 feet on
Morgan Oak Street by a depth of 91 feet on Sprigg
Stre-leit more particularly described as follows: Beginning
at the Northeast corner of Lot 59 in Range "I" of said
City, running thence West along the South line of Morgan
Oak Stre-,,----,-'L"- 80 feet; thence South parallel with Sprigg
Street 91 '� feet to the South line of said Lot 59; thence
East with the South line of said lot, 80 feet to Sprigg
Street; and thence North along the West line of Sprigg
Street 91 1--2 feet to the place of beginning.
This Special Use Permit is granted upon the condition that the
grantees be bound by all City ordinances which pertain to the
Special Us,:.:--- Permit and that -the grantees be bound by the following
special conditions which are imposed as a condition of issuance of
this Special Use Permit. Upon the failure of the grantees to
comply with these special conditions, the Special Use Permit will
automatically terminate and the City shall have the right to enter
upon the land to abate such special use.
SPECIAL CONDITIONS:
1. The special use authorized by this permit shall meet all
applicable requirements of the Zoning and Development
Codes.
2. No more than ten (10) boats may be kept on the property
at any one (1) time.
3. All boats shall be parked in an orderly manner and shall
not impede vehicular or pedestrian access.
4. Wrecked boats and partial boats shall be prohibited.
5. Outdoor storage of any kind shall be prohibited except
for whole boats in seaworthy condition.
6. Major modifications to said special use (including, but
not limited to, the site plan) shall require the approval
of the City Council.
7. This permit shall automatically expire 12 months from the
date of issuance if the other required permits have not
been issued. If a permit is issued within this time
frame and later expires due to lack of progress, then
this permit shall automatically expire upon the
expiration of said permit.
8. This permit is not transferable without the approval of
the City Council.
IN WITNESS WHEREOF, the City Manager of the, If Cape
Girardeau, of
Missouri, affixes his signature this d
2022.
ATTEST:
v//1'/ t',"07'
ruce T y r, Deputy City Clerk
Dr. Kenneth in, City Manager
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIPk1RDEAU
On this day of
If 2022, before me
appeared Dr. Kenneth Haskin, 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
th,,=- seal of said City and that said instrument was signed and
sealed on behalf of said City by authority of its - City. Council, and
acknowledged said instrument to be the free act and deed of said
City.
-.4
IN TESTIMONY WHEP,`07, I have hereunto set my hand and affixed
MY official seal, at my office in Cape Girardeau, Missouri, the day
and ve-ar first above written.
My Commission Expires:
-A manda I Ax i -;;e
Not Public-Notuy Seal
STATE OF WSS01UTJ
Commissioned for Cape Girardeeau
My Comjmril. ion EN?fir= .1r3/20S65
M # 14588193
(IF APPROVED)
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of , 20 , the Cape Girardeau City
Council considered the application for a Special Use Permit dated January 13,
2022 filed by Cary Lee Ogborn and Pecksleys Property, LLC, for the property
located at 401 South Sprigg Street, Cape Girardeau, Missouri, for the purposes of
constructing, maintaining, and operating a boat inspection, repair, and sales
h77C1 n6-.-,- _
In examining this application, the following factors were considered and found as
noted:
ruce Tay Deputy City Clerk
Yes
No N/A
City Council Findings:
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 affected 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 GIRARDEAU
MISSOURI
(SEAL)
ATTEST: Bob Fox, M
ruce Tay Deputy City Clerk