HomeMy WebLinkAboutORD.2840.02-20-2001BILL NO. 2.001-18 ORDINANCE NO. S qL
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
MARILYN LANDEWEE AND MARY COTNER, FOR PURPOSES
OF CONSTRUCTING, MAINTAINING AND OPERATING
ADDITIONAL LIVING QUARTERS AT 147 REAR SOUTH
MINNESOTA AVENUE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Marilyn Landewee and Mary Cotner are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate additional living
quarters; and
WHEREAS, the proposed location of said living quarters is 147
Rear South Minnesota Avenue, which property is presently zoned C-1,
Local Commercial District; and
WHEREAS, a Special Use Permit is required for said use in an
C-1 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 additional living quarters, on the
following described property:
All of Lot six (6) in Block Three (3) of Pattengill Place
in the City of Cape Girardeau, Missouri, as shown by plat
recorded in Plat Book 3 at Page 50.
is hereby granted to Marilyn Landewee and Mary Cotner, 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 /QDAY OF Y, 20-f .
A.IM. Spradling, III, laoi
ATTEST:
'4til CA &Cy'j
Gayle(l. Conrad
City Clerk
OO':k�:
SPECIAL USE PERMIT 80PP1102paU7`
Marilyn Landewee, 444 St. Highway 34, Jackson, MO 63755. and
Mary Cotner,:130 N PP Outer Road, Scott City, MO 63780,.are hereby
granted a Special Use Permit for purposes of constructing,
maintaining and operating additional living quarters, on the
following described property for an indefinite.period of .time:
All of Lot six (6) in Block Three (3) of Pattengill Place
in the City of Cape Girardeau, Missouri, as.shown by plat
recorded in Plat Book 3 at Page 50.'
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. All improvements shall meet current building codes.
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.
80J;,I 102PACt'7",1t
WITNESS WHEREOF_, the City Manager of) the City of Cape
Gira.r e`au, Missouri, affixes his signatures -this day of
F;
'ATTEST:
i
A %�-1, A
Gayle_,. Conrad
City Clerk -
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
MIchael.G. Miller
City Manager
ss.
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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2004
STATE OF MISSOURI l ss
County of Cape Girardeau,
Filed for Record
It,-, M
FEB 2 6 2001
Janet RQD@rt, r;eanrcter
oppw .Qirerd**w flaunty
I hereby certify that. this instrument
was FILED FOR RECORD at the date
and time so hereon and- i r ded in
Book. ..Page '..m.s .. .
...................
B,.Jall.. 1�
JANET ROBERT
Rerder f Deeds
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of, ,, the Cape Girardeau City Council
considered the application for Spe,ial Use Permit dated 12/26/00
filed by Marilyn i.andewee and Mary Cotner
for the property located at 147 Rear South Minnesota,cape-Girardeau, Missouri
for the purpose of onstr,_ting, maintaining and operating addi ional living
quarters_
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 s
(SEAL)
ATTEST:
City C e r k
Ma
ified on attached Special Use Permit
TY §F)r4PE GIRARDEAU, MI
EXHIBIT B