HomeMy WebLinkAboutORD.2970.02-19-2002BILL NO. 02-21
ORDINANCE NO.2170
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
HOWARD GLEN KINDER AND BETTY JEAN KINDER, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING TWO APARTMENTS IN AN EXISTING HOUSE
AT 1 NORTH SUNSET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Howard Glen Kinder and Betty Jean Kinder are the
owners of certain property in the City of Cape Girardeau, on which
they desire to construct, maintain and operate two (2) apartments
in an existing house; and
WHEREAS, the proposed location of said apartments is 1 North
Sunset, which property is presently zoned M-1, Light Industrial
District; and
WHEREAS, a Special Use Permit is required for said use in an
M-1 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
°(99�,?' cb 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.
'0P,'nGJ.0 2. A Special Use Permit for purposes of constructing,
maintaining and operating two (2) apartments in an existing house,
on the following described property:
All of Lots 13 and 14 in Block 13 of Sunset Terrace
Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 3 at Page 51 in the
land records of Cape Girardeau County, Missouri.
is hereby granted to Howard Glen Kinder and Betty Jean Kinder, 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.
16P,'nO.0 3. Attached hereto as Exhibit "B" and incorporated
herein by reference is the formal Findings and Conclusions of the
City Council.
1NR11CJsC 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF L�Ai2( 20
ATTEST:
Gayle Q. Conrad
City Clerk
r
05pecilgia use PE -RMI
8004 ,.,
Howard Glen Kinder and Betty Jean Kinder, 6009 State Highway
W, Jackson, MO 63755, are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating two (2)
apartments in an existing house, on the following described
property for an indefinite period of time:
All of Lots 13 and 14 in Block 13 of Sunset Terrace
Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 3 at Page 51 in the
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.
,§pecl` % cOwgIT'IOM,5-:
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.
X
BOOK Q n"r
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his s' ature this#,k day of
t i /
20
M-chael G. Miller
City Manager
ATTEST:
Gayle L(. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this t day of t':,f�°r'� 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.
1 �
� r
Delores G. Needham, Notary Public
My Commission -Expires:
October 8, 2004
OTY Of 06pe GIRD.`( Ve-6a, M105ww
C]ry COUNCIII
fjN Y9IN&5. j4N9 GONGjm[ §jON§
Now on this jday of L ( ,' , the Cape Girardeau City Council
considered the application for Spe,ial Use Permit dated 12/20/01
filed by Howard Glen Kinder and Betty Jean Kinder
for the property located at 1 North Sunset Boulevard in Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating two (2) apartments in
an existing house.
In examining this application, the following factors were considered and found
as noted:
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:
Tfie,MPPLlONT1ON 1§:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
TY ,CAPE GIRARDEAUAII-I-SSOURI
(SEAL)
ATTEST: Ma}.ior
City Cle t
EXHIBIT B
Yes
No N/A
City Council findinO,,5:
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:
Tfie,MPPLlONT1ON 1§:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
TY ,CAPE GIRARDEAUAII-I-SSOURI
(SEAL)
ATTEST: Ma}.ior
City Cle t
EXHIBIT B