HomeMy WebLinkAboutORD.3075.10-21-2002BILL NO. 02-210
ORDINANCE NO. .'�, j -
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
TERRY WILLIAM McDOWELL AND KIM KURKA McDOWELL
FOR PURPOSES OF OPENING, MAINTAINING AND
OPERATING A BED AND BREAKFAST AT 141 SOUTH
LOUISIANA AVENUE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Terry William McDowell and Kim Kurka McDowell are
the owners of certain property in the City of Cape Girardeau, on
which Terry William McDowell and Kim Kurka McDowell desire to open,
maintain and operate a bed and breakfast; and
WHEREAS, the proposed location of said bed and breakfast is
825 South Ellis which property is presently zoned R-3, Two -Family
Residential 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 purpose of opening,
operating and maintaining a bed and breakfast, on the following
described property:
Part of Block Ten (10) of West End Place Second Addition
to the City of Cape Girardeau, Missouri, described as
follows:
Begin at a point on the west line of Louisiana Avenue
60.0 feet North 82 deg. West from the southeast corner of
Block 11 of West End Place Second Addition, the same
being the northwest corner of Louisiana Avenue and
William Street; thence in a westerly direction along the
north line of William Street 180.0 feet; thence North
parallel to Louisiana Avenue 128 1/2 feet; thence East
parallel to William Street, 180 feet to the west line of
Louisiana Avenue; thence South with the west line of
Louisiana Avenue 128 1/2 feet to the point of beginning.
Subject to driveway easement over and across the
northeast corner of said tract as described in a Warranty
Deed to Nat. M. Snider and Dale M. Snider, recorded in
Book 102 at page 266.
Except any part in State Route "K" or William Street.
is hereby granted to Terry William McDowell and Kim Kurka McDowell,
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 (°t -if �� 20 ,,.
Jay Knudtson, Mayor
ATTEST:
Gayle Conrad
City Clerk
A
SPECIAL USE PERMIT BOOK 1262 PAGE336
Terry William McDowell and Kim Kurka McDowell, 114 Cedar Ridge
Lane, Cape Girardeau, MO 63701 are hereby granted a Special Use
Permit for purposes of opening, operating and maintaining a bed and
breakfast, on the following described property for an indefinite
period of time:
Part of Block Ten (10) of West End Place Second Addition
to the City of Cape Girardeau, Missouri, described as
follows:
Begin at a point on the west line of Louisiana Avenue
60.0 feet North 82 deg. West from the southeast corner of
Block 11 of West End Place Second Addition, the same
being the northwest corner of Louisiana Avenue and
William Street; thence in a westerly direction along the
north line of William Street 180.0 feet; thence North
parallel to Louisiana Avenue 128 1/2 feet; thence East
parallel to William Street, 180 feet to the west line of
Louisiana Avenue; thence South with the west line of
Louisiana Avenue 128 1/2 feet to the point of beginning.
Subject to driveway easement over and across the
northeast corner of said tract as described in a Warranty
Deed to Nat. M. Snider and Dale M. Snider, recorded in
Book 102 at page 266.
Except any part in State Route "K" or William Street.
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.
EXHIBIT A
It 800K 1262- PH E39, 7
• 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 C' Manage of the City of Cape
Girardeau, Missouri, affixes is signatur this �iay day of
J
r> If 4-t 2" 20 0
Mich G. Miller
Cit Manager
ATTEST:
Gayle Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this azm ,� day of , 20 ,pL, , 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.
My Commission Expires:
August 4, 2003
aDonna Laub, Notary Public
LADONNA LAUB
Notary i ublic-notary Seal
State of Missc�rri
Cape Girardeau County
Comm. Expires: 08/04/03
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this �IO�j day of j_, the Cape Girardeau City Council
considered the application for Special Use Permit dated 8/28/2002
filed by Terry William McDowell and Kim Kurka McDowell
for the property located at 141 South Louisiana Avenue, Cape Girardeau, Missouri
for the purpose of opening, operating and maintaining a bed and breakfast.
In examining this application, the following factors were considered and found
as noted:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
CITY OF E GI DEAU, SSOURI
(SEAL)
ATTEST: Mayor
t
City Clrk
EXHIBIT B
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 specified on attached Special Use Permit
CITY OF E GI DEAU, SSOURI
(SEAL)
ATTEST: Mayor
t
City Clrk
EXHIBIT B