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HomeMy WebLinkAboutORD.3112.12-16-2002BILL NO. 02-269 ORDINANCE NO. 3'1a AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JACQUELINE R. AHRENS FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING AN OFFICE AT 911 NORTH MISSOURI AVENUE IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Jacqueline R. Ahrens is the owner of certain property in the City of Cape Girardeau, on which Jacqueline R. Ahrens desires to open, maintain and operate an office; and WHEREAS, the proposed location of said office is 911 North Missouri, 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 an office, on the following described property: The East 100 feet of Lot Three (3) in Block Six (6) of Monticello Addition in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at page 60. is hereby granted to Jacqueline R. Ahrens, 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 herein by reference is the formal City Council. as Exhibit "B" and incorporated Findings and Conclusions of the ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 200,-J. ATTEST: laf "-y6"maae Gayl L. Conrad City Clerk Jay B. Knudtson, Mayor 2' SPECIAL USE PERMIT 600y,1 819 PA. CF Jacqueline R. Ahrens, 1531 Mississippi St., Cape Girardeau, MO 63701, is hereby granted a Special Use Permit for purposes of opening, operating and maintaining an office, on the following described property for an indefinite period of time: The East 100 feet of Lot Three (3) in Block Six (6) of Monticello Addition in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at page 60. 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. IN WITNESS WHEREOF, t e City anager of the City of Cape Girardeau, Missouri, affi es his si ature this /J.4_. day of 2 0 Michael G. Miller City Manager BooK 280 Pn^F 491 ss. On this /Ik- day of &cE4"-6Lj<— , 20 O2_ , 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 Q ea,."4- - aD nna Laub, Not y Public LAD®NNA LAUB 7 Notary Pubilc-Notary Seat State of Missouri Capo Ciravdeau 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 10/15/2002 filed by Jacqueline R. Ahrens for the property located at 911 N. Missouri St., Cape Girardeau, MO 63701 for the purpose of opening, operating and maintaining an office. 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 specified on attached Special Use Permit CITY F AP� CIRARDEAU MISSOURI (SEAL) (/f ATTEST: ayor City Clerk EXHIBIT B