HomeMy WebLinkAboutORD.2913.07-16-2001BILL NO. 2001-140
ORDINANCE NO. jqj�)
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
RUPERT C. MEYER, HELEN V. MEYER, THOMAS L.
MEYER, HELEN M. MEYER AND THE METROPOLITAN
COMMUNITY CHURCH OF SOUTHEAST MISSOURI, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CHURCH AND CHURCH RELATED WORK AT
833 NORTH SPANISH STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Rupert C. Meyer, Helen V. Meyer, Thomas L. Meyer and
Helen M. Meyer are the owners of certain property in the City of
Cape Girardeau, on which The Metropolitan Community Church of
Southeast Missouri desires to construct, maintain and operate a
church and church related work; and
WHEREAS, the proposed location of said church is 833 North
Spanish Street, 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 church and church related work, on the
following described property:
All of the East Seventy (70) feet of Lot Fifty-four (54)
in Range 110" of Ingram' s Addition to the City of Cape
Girardeau, Missouri.
is hereby granted to Rupert C. Meyer, Helen V. Meyer, Thomas L.
Meyer, Helen M. Meyer and The Metropolitan Community Church of
Southeast Missouri, 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 20G'�)
8
A. . Spradling, III, Mo
ATTEST:
Gayle . Conrad 'v
City Clerk
SPECIAL USE PERMIT
005 J0J
Rupert C. Meyer and Helen V. Meyer, 2210 Brookwood, Cape
Girardeau, MO 63701; Thomas L. Meyer and Helen M. Meyer, 1620
Ridgeway, Cape Girardeau, MO 63701; and The Metropolitan Community
Church of Southeast Missouri, 519 Broadway, P.O. Box 1295, Cape
Girardeau, MO 63702-1292, c/o Rev. Neal O. Zeilinger, 1202
Hillcrest Drive, Cape Girardeau, MO 63701, are hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating a church and church related work, on the following
described property for an indefinite period of time:
All of the East Seventy (70) feet of Lot Fifty-four (54)
in Range "O" of Ingram's Addition to 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.
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.
Bq, -,,K 1136 , %E106
IN WITNESS WHEREOF, the City Mana er of the City of Cape
Girardeau, Missouri, affixes his sign ture this day of
20 C
iii nael u. Miller
city Manager
ATTEST:
Gayly L. Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
On this �% day oft�� 20 G/ before me
appeared Michael G. Miller, to me ersonally 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.
�c
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2004
Filed for Record
9.'3
JUL 2 2001
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STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify that this instrument
was FILED FOR RECORD at the date
and times�? ereon and is recorded in
Book..../.Page...... .
JANET ROBERT
cord of D ds
%.
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this fji_w day of 'Ac c, ;CJI the Cape Girardeau City Council
considered the application fobr ecial Use Permit dated 5/29/2001
filed by Rupert C. Meyer, Helen V. Meyer, Thomas L. Meyer, Helen M. Meyer and The
Metropolitan Community Church of Southeast Missouri, for the property located at
833 North Spanish Street in the Cape Girardeau, Missouri for the purpose of
constructing, maintainincr and oDeratinq a church and church related work.
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
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:
City C rk
spec' ied attached Special Use Permit
TY 0 GIRARDEAU MISSO I
may4r
EXHIBIT B
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
(SEAL)
ATTEST:
City C rk
spec' ied attached Special Use Permit
TY 0 GIRARDEAU MISSO I
may4r
EXHIBIT B