HomeMy WebLinkAboutORD.3006.05-20-20021-9
BILL NO. 02-84
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
WILLIAM R. SWAN AND KATHRYN F. SWAN FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A 160 FT. TELECOMMUNICATION TOWER AT
1606 NORTH KINGSHIGHWAY, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, William R. Swan and Kathryn F. Swan are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate a 160 ft.
telecommunication tower; and
WHEREAS, the proposed location of said tower and building is
1606 North Kingshighway, Cape Girardeau, Missouri, which property
is presently zoned C-1, Local Commercial District.
WHEREAS, a Special Use Permit is required for said use in a
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 a 160 ft. telecommunication tower on the
following described property:
All of lot numbered (1) of B & E Highway 61 North
Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 15 at page 6, land
records of Cape Girardeau County, Missouri.
is hereby granted to William R. Swan and Kathryn F. 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
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 203 .
Jayf�V. Knudtson, Mayor
ATTEST:
Gayle L. Conrad f; r/
City Clerk ti1�
SPECIAL USE PERMIT BnK1217pnE627
William R. Swan and Kathryn F. Swan, 1606 North Kingshighway,
Cape Girardeau, MO 63701 are hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating a 160 foot
telecommunication tower on the following described property for an
indefinite period of time:
All of lot numbered (1) of B & E Highway 61 North
Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 15 at page 6, 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.
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
IN WITNESS WHEREOF; the City nager of the City of Cape
Girardeau, Missouri, � ffixes his gnature this day of
, 2
ATTEST:
Gayle L. Conrad
City Clerk
Michael G. Mil
City Manager
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
ss. nnnK12" �cE
On this ;Zg day of 20 Cz. before me
appeared Michael G. Miller, to me p r onally 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.
My Commission Expires:
August 4, 2003
aDonna Laub, Notary Public
- LADONNA iLAU13
Notary Public -Notary Seat
Stz:to of rAlssouri
Cepo Girardeau County
Comm. Expires: 08/04/03
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of , the Cape Girardeau City Council
considered the application for Special Use Permit dated 3/27/2002
filed by William R. Swan and Kathryn F. Swan,
for the property located at 1606 N. Kingshighway in Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating a 160 ft.
telecommunication tower.
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
S. 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 specified on attached Special Use Permit
CITY OF CAVE GIRARDEAU, MISSOURI
(SEAL)
ATTEST: Mayor
City Clerk
EXHIBIT B