HomeMy WebLinkAboutORD.2728.05-15-2000BILL NO. 2000-111 ORDINANCE NO. ;)7 a K
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LONNIE MOSS AND SHIRLEY MOSS, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING AN
AUTOMOTIVE REPAIR AND RETAIL SALES BUSINESS AT
155 SOUTH PARK AVENUE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Lonnie Moss and Shirley Moss are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate a business of repair of
air wrenches, air compressors, pressure washers, and automotive
equipment, and for retail sales of parts and equipment; and
WHEREAS, the proposed location of said business is 155 South
Park Avenue, 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 constructing,
maintaining and operating a business of repair of air wrenches, air
compressors, pressure washers, and automotive equipment, and for
retail sales of parts and equipment, on the following described
property:
All of Lot Numbered Sixteen (16) in Block Numbered Twelve
(12) of West End Place Second Addition and the south Ten
(10) feet of Lot Thirteen (13) in Block Twelve (12) of
West End Place Second Addition in the City of Cape
Girardeau, Missouri, as shown by Plat recorded in Plat
Book 2 at page 13, land records of Cape Girardeau County,
Missouri, except that part taken by the Missouri State
Highway Commission for right of way of Route "K" as
recorded in Book 306 at page 723, land records of Cape
Girardeau County, Missouri.
SPECIAL USE PERMIT
Lonnie Moss and Shirley Moss, 20
Girardeau, Mo 63703, are hereby granted a
purposes of constructing, maintaining and
repair of air wrenches, air compressors,
automotive equipment, and for retail sales
on the following described property for
time:
doohI059 mu -765
005SX-I
.1 Brink Avenue, Cape
Special Use Permit for
operating a business of
pressure washers, and
of parts and equipment,
Ln indefinite period of
All of Lot Numbered Sixteen (16) in Block Numbered Twelve
(12) of West End Place Second Addition and the south Ten
(10) feet of Lot Thirteen (13) in Block Twelve (12) of
West End Place Second Addition in the City of Cape
Girardeau, Missouri, as shown by Plat recorded in Plat
Book 2 at page 13, land records of Cape Girardeau County,
Missouri, except that part taken by the Missouri State
Highway Commission for right of way of Route "K" as
recorded in Book 306 at page 723, land records of Cape
Girardeau County, 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. Lonnie Moss and Shirley Moss shall be the only employees
of said business.
4. 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.
5. This Special Use Permit is not transferrable without
consent of the City Council.
800h1U5i9Pa 766
IN WITNESS WHEREOF, W6 City Ma it of the City of Cape
Girardeau, Missouri, affixes his sig ature this h¢ill day of
r 2 0 91) .
Michael G. M
City Manager
GaylJ;h Conrad
City Clerk'
N
v
STATE"` OF`:;MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this 161 R day of � �� 20 e o 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 vear first above written.
Filed for Record
MAY 17 2000
Janet Robert, Reoorder
C)gpe Giratrdeau.0ounty
Delores G. Needham, Notary Public
STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify ` tl ' f "',this instrument
was FILED FOR ,RECORD` At the date
and time.sho n,heroon ands rrded in
Book. .%Q. ....Page.. 4.v
.....
... .. .r......
ANET ROBERT
• eporder of Deeds
BY�f
Deputy
is hereby granted to Lonnie Moss
ten (10) days after the date
ordinance. The special use must
forth in the Zoning Code for t
located except those which have
this permit, and all other appl
Cape Girardeau, Missouri, and an
the Special Use Permit, a copy
Exhibit "A", and incorporated
Manager is hereby given the power
for and on behalf of the City of
and Shirley Moss, to be effective
of passage and approval of this
comply with all regulations set
he district in which the use is
been specifically excepted under
icable ordinances of the City of
y special conditions contained in
of which is attached hereto as
herein by reference. The City
to execute the Special Use Permit
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
ATTEST:
6Xtal�7
IA& 675
GaylEOL. Conrad
City Clerk
DAY OF 20 L.
A./M. Spradling, III,
4
SPECIAL USE PERMIT
Of
800h1659?r,UL765
Lonnie Moss and Shirley Moss, 2011 Brink Avenue, Cape
Girardeau, Mo 63703, are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating a business of
repair of air wrenches, air compressors, pressure washers, and
automotive equipment, and for retail sales of parts and equipment,
on the following described property for an indefinite period of
time:
All of Lot Numbered Sixteen (16) in Block Numbered Twelve
(12) of West End Place Second Addition and the south Ten
(10) feet of Lot Thirteen (13) in Block Twelve (12) of
West End Place Second Addition in the City of Cape
Girardeau, Missouri, as shown by Plat recorded in Plat
Book 2 at page 13, land records of Cape Girardeau County,
Missouri, except that part taken by the Missouri State
Highway Commission for right of way of Route "K" as
recorded in Book 306 at page 723, land records of Cape
Girardeau County, 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. Lonnie Moss and Shirley Moss shall be the only employees
of said business.
4. 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.
5. This Special Use Permit is not transferrable without
consent of the City Council.
aoA059PAU 766
IN WITNESS WHEREOF, the City Mana,96r of the City of Cape
Girardeau, Missouri, affixes his sig ature this I(Ql,13 day of
Michael G. Mi
City Manager
ATTEST:
Gayl4o L. Conrad
City.. Clerk
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU 1
tk
On this day of Mill 20 e o 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.
f1t;
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000
Filed for Record
Y, '-!
MAY 17 2000
Jan*t Robert, Recorder
C$kpe Olrardenu County
STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify that 'this instrument
was FILED FOR RECORD at the date
and time shon hereon and ' ecorded in
Book..�(�.`7 ....Page. .... .
f,
4ANET ROBERT
order.of:Deeds
By �'Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of the the Cape Girardeau City Council
considered the application for Special Use Permit dated 2/25.12000
filed by Lonnie Moss and Shirley Moss
for the property located at 155 South Park Avenue in Cane Girardeau, Missouri
for the purpose of constructing, maintaining and operating a husiness of renai_r
of air wrpnnhpq,, air compressors, pressure washers, and automotive a ii m n , and
fnr rptAil sal s of parts and eQuipmant_
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/fied on attached Special Use Permit
(SEAL)
ATTEST: Ma
City Jerk
TY OF A;kF& GIRARDEAU, MISSOURI
EXHIBIT B