HomeMy WebLinkAboutORD.2683.03-20-2000BILL NO. 2000-55
ORDINANCE NO. e:)(013
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LESTER SAMPLE, FOR PURPOSES OF MAINTAINING AND
OPERATING A SCRAP IRON RECYCLING BUSINESS AT
503 MAPLE STREET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Lester Sample is the owner of certain property in the
City of Cape Girardeau, on which he desires to maintain and operate
a scrap iron recycling business; and
WHEREAS, the proposed location of said business is 503 Maple
Street, which property is presently zoned M-2, Heavy Industrial
District; and
WHEREAS, a Special Use Permit is required for said use in an
M-2 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 a scrap iron recycling business, on the following
described property:
A parcel of ground out of the northeast corner of block
five (5) of Giboney Houck's second subdivision in the
city of Cape Girardeau, Missouri, described by metes and
bounds as follows: Begin at the northeast corner of said
Block 5 and run North 83 feet West along the South line
of Maple Street 206.50 feet to a point; thence south 7
West to the northerly line of the railroad right of way
for switch tract; thence in a northeasterly direction
along the northerly line of said right of way to the
southwest corner of a parcel of ground conveyed by Mary
H.G. Houck and Louis Houck, her husband, to Standard Oil
Company of Indiana by warranty deed dated April 6, 1914
and recorded in book 56 at page 590; thence continuing in
a northeasterly direction along the northerly line of
said right of way 159.50 feet, more or less to Giboney
Ave; thence North 7 East 35.33 feet to the place of
beginning. Subject to all rights of way and easements,
affecting the same.
is hereby granted to Lester Sample, 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.
PASSED AND APPROVED THIS - DAY OF M OT01) 2060.
ATTEST:
Gayle, Conrad
City Clerk
. Spradling, III/, -Mayor
SPECIAL USE PERMIT
Lester Sample, 1005 Maple Street, Cape Girardeau, MO 63703, is
hereby granted a Special Use Permit for purposes of maintaining and
operating a scrap iron recycling business, on the following
described property for an indefinite period of time:
A parcel of ground out of the northeast corner of block
five (5) of Giboney Houck's second subdivision in the
city of Cape Girardeau, Missouri, described by metes and
bounds as follows: Begin at the northeast corner of said
Block 5 and run North 83 feet West along the South line
of Maple Street 206.50 feet to a point; thence south 7
West to the northerly line of the railroad right of way
for switch tract; thence in a northeasterly direction
along the northerly line of said right of way to the
southwest corner of a parcel of ground conveyed by Mary
H.G. Houck and Louis Houck, her husband, to Standard Oil
Company of Indiana by warranty deed dated April 6, 1914
and recorded in book 56 at page 590; thence continuing in
a northeasterly direction along the northerly line of
said right of way 159.50 feet, more or less to Giboney
Ave; thence North 7 East 35.33 feet to the place of
beginning. Subject to all rights of way and easements,
affecting the same.
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.
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. The property at 212 South Spanish Street and 211 Aquamsi
Street must be cleaned of all unlicensed vehicles within
six (6) months after the date of issuance of the business
license for the 503 Maple Street location.
4. A fence shall be placed around the property at 503 Maple
Street a minimum of seven (7) feet high.
Exhibit A
5. 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.
6. This Special Use Permit is not transferrable without
consent of the City Council.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
, 20 .
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20 , before me
appeared Michael G. Miller, 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.
My Commission Expires:
October 8, 2000
Delores G. Needham, Notary Public
Exhibit A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this �h day of ffl &(CC j 0L-)3 , the Cape Girardeau City Council
considered the application for Special Use Permit dated Ifs/2000
filed by Lester Sample
for the property located at 503 Maple s rept, in Cape Girardeau, MiSS07 i
for the purpose of maintaining and operating a scrap iron recycling 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 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 spec/i-fied on attached Special Use Permit
TY OF CWMGIRARDEAU, MISSOURJ
(SEAL)
ATTEST: Mayo
City Clerk
EXHIBIT B