HomeMy WebLinkAboutORD.2710.04-17-2000BILL NO. 2000-85 ORDINANCE NO. 02210
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
JERRY DAVIS AND JUDY DAVIS, FOR PURPOSES OF
MAINTAINING, OPERATING, IMPROVING AND
EXPANDING A CURRENT OFFICE AT 528 HELENA
AVENUE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Jerry Davis and Judy Davis are the owners of certain
property in the City of Cape Girardeau, on which they desire to
maintain, operate, improve and expand a current office; and
WHEREAS, the proposed location of said office is 528 Helena
Street, which property is presently zoned R-2, Single Family
Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-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,
operating, improving and expanding a current office, on the
following described property:
All of Lot Three (3) in Block Two (2) in Oak Park
Subdivision in the City of Cape Girardeau, Missouri.
is hereby granted to Jerry Davis and Judy Davis, 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 Y"f� ( , 200C).
A. Spradling, III,
ATTEST:
GayleJL. Conrad
City Clerk
r
00a"89
SPECIAL USE PERMIT
Jerry Davis and Judy Davis, 2206 West Cape Rock Drive, Cape
Girardeau, MO 63701, are hereby granted a Special Use Permit for
purposes of maintaining, operating, improving and expanding a
current office, on the following described property for an
indefinite period of time:
All of Lot Three (3) in Block Two (2) in Oak Park
Subdivision in the City of Cape Girardeau, Missouri.
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. 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. Four (4) additional employees are hereby allowed to work
in said office from the date of execution of this Special
Use Permit.
86,Ae055 ia728
IN WITNESS WHEREOF, the City. -.Manager f the City of Cape
Gir.rdeau, Missouri, affixes his signat e this day of
nor 20 W
ft—ichael G. Miller
City Manager
ATTEST:
A
xAf 0 4� pz)_4�'
Gayle Conrad
City Clerk
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU 1
On this _L_� day of yt; 20C before me
appeared Michael G. Miller, to Ae 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.
i
My Commission Expires:
October 8, 2000
4700
Filedor Record
APR fA12000
Jowit Robert, Recorder
Cai)o Givardestu County
Delores G. Needham, Notary Public
STATE OF MISSOURI ) ss
County of Cape Girardeau,)
I hereby certify that this instrument
was FILED FOR RECORD at the date
and times o eon ap is�oT e�n
BookPage.'... P��
IANET ROBERT
Recorder f Deeds
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of (11 , aboD , the Cape Girardeau City Council
considered the application for Special Use Permit dated 2.123/2000
filed by Jerry Davis and judy Davies
for the property located at 528 Helena Avenue., Cape Girardeau, Miaaoui
for the purpose of maintaining, operati_nqF_imprnvinq and expandinq a current
office_
In examining this application, the following factors were considered and found
as noted:
.City Council Finding.&:
The Proposed Special Use Permit, With
The Stated Conditions, Would:
1. Substantially increase traffic hazards or congestion
2. Substantially increase fire hazards
3. Adversely affect the character of the neighborhood;
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
5. Overtax public utilities.
6. Be in conflict with the comprehensive city plan
Yes No N/A
X
_X
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
(SEAL)
ATTEST:
Ma
fied on attached Special Use Permit
TY 0&( C�P,PE GIRARDEAU, MISS
EXHIBIT B