HomeMy WebLinkAboutORD.3661.05-15-2006M
T 1
BILL NO. 06-86
ORDINANCE NO. 3(0(01
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LONNIE MOSS AND SHIRLEY MOSS FOR PURPOSES OF
MAINTAINING AND OPERATING A REPAIR AND RETAIL
SALES BUSINESS AT 833 NORTH SPANISH STREET, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Lonnie Moss and Shirley Moss are the owners of
certain property on which they desire to maintain and operate a
repair and retail sales business at 833 North Spanish Street, in
the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said retail and sales
business is 833 North Spanish Street, Cape Girardeau, MO 63701,
which property is presently zoned R-2, Single -Family Dwelling
District; and
WHEREAS, a Special Use Permit is required for said use in an
R-2 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 maintaining
and operating a repair and retail sales business on the following
described property:
All of East Seventy (70) feet of Lot Fifty-four (54) in
Range "O" of Ingram's Addition to the City of Cape
Girardeau, Missouri.
Subject to terms, conditions, restrictions, reservations
and easements of record, if any.
is hereby granted to Lonnie Moss and Shirley Moss 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 OF20QCQ
ay Knudtson, Mayor
ATTEST:
Gayle Conrad
City rk
4
B
SPECIAL USE PERMIT
Lonnie Moss and Shirley Moss are hereby granted a Special Use
Permit for the purpose of maintaining and operating a repair and
retail sales business at 833 North Spanish Street, located in the
City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time:
All of East Seventy (70) feet of Lot Fifty-four (54) in
Range "O" of Ingram's Addition to the City of Cape
Girardeau, Missouri.
Subject to terms, conditions, restrictions, reservations
and easements of record, if any.
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, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this ) day of
20
Doug s K. Leslie
City Manager
0
Gayle. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this/-SSo& day of 14A 04 20O_, before me
appeared Douglas K. Leslie, 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, 2007
e,401-0��
... �
LaDonna Laub, Notary Public
t,, DMNA LAUB
Notary Public -Notary Seal
State of Missouri
County of Scor 4� 2007
My Commission ExPj� Aug.
AT
Gayle. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this/-SSo& day of 14A 04 20O_, before me
appeared Douglas K. Leslie, 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, 2007
e,401-0��
... �
LaDonna Laub, Notary Public
t,, DMNA LAUB
Notary Public -Notary Seal
State of Missouri
County of Scor 4� 2007
My Commission ExPj� Aug.
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 16,jj, day of A- , I the Cape Girardeau City Council
considered the application7for ecial Use Permit dated March 22, 2006
filed by Lonnie Moss and Shirl y Moss for the property located at 833 North
Spanish Street, Cape Girardeau, Missouri
for the purpose of maintaining and operating a repair and retail sales business.
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
(SEAL)
with conditions specified on attached Special Use Permit
CI pGWRDEAU, ISSOURI
or
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
(SEAL)
with conditions specified on attached Special Use Permit
CI pGWRDEAU, ISSOURI
or
EXHIBIT B