HomeMy WebLinkAboutORD.2790.09-25-2000BILL NO. 2000-218 ORDINANCE NO. C909 0
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SHERMAN SWAN AND SYVILLA SWAN, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
GROUP HOME DAY CARE AT 1200 SOUTH RANNEY
AVENUE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Sherman Swan and Syvilla Swan are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate a group home day care;
and
WHEREAS, the proposed location of said group home day care is
1200 South Ranney Avenue, 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 constructing,
maintaining and operating a group home day care, on the following
described property:
The North ; of Lots 1, 2 and 3, Block 5, of the Giboney
Houck 6th Subdivision to the City of Cape Girardeau, as
per plat of record in the Recorder's Office at Jackson,
Missouri.
is hereby granted to Sherman Swan and Syvilla Swan, 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
0
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 tf , 20M.
ATTEST:
A�-&(('x
Gaylet. Conrad
City Clerk
yor
SPECIAL USE PERMIT
"S1
Sherman Swan and Syvilla Swan, 1200 South Ranney Avenue, Cape
Girardeau, MO 63703, are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating a group home
day care, on the following described property for an indefinite
period of time:
The North 4 of Lots 1, 2 and 3, Block 5, of the Giboney
Houck 6th Subdivision to the City of Cape Girardeau, as
per plat of record in the Recorder's Office at Jackson,
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.
SPECIAL CONDITIONS:
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.
IN WITNESS WHEREOF, the City --manager 'f the City of Cape
Gir�rdeau, Missouri, affixes' -his sign at e this ;,n Ilk day of
20 CL
Michael G. Mill
City Manager
ATTEST:
Gayle L. Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of 6-- 20 before me
appeared Michael G. Miller, to md 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
my official seal, at my office in
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000
HeTr Record
/ CP
OCT - 3 2000
Janet R�t1401 ; !0.t��urdof
���lti#lu.cicaunky
i
hereunto set my hand and affixed
Cape Girardeau, Missouri, the day
STATE OF MISSOURI � ss
County of Cape Girardeau,
I hereby certify , that this instrument
was FILED FOR RECORD at the date
and times f�;; hereon and is Me orded in
Book... &yl ...Page.... .....
JANET ROBERT
Recorder of Deeds
By. J . ! C
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of �,, appo , the Cape Girardeau City Council
considered the application f r Special Use Permit dated 7/17/2000
filed by Sherman Swan and
for the property located at
for the purpose of construe
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 speWied on attached Special Use Permit
(SEAL)
ATTEST:
1
L� '� (0�
City cjjerk
TY Qr CAPE GIRARDEAU, MISSOURI
EXHIBIT B