HomeMy WebLinkAboutOrd.2133.01-06-1997BILL NO. 97-3
ORDINANCE NO. i )3:5
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ODD FELLOWS LODGE AND WILLIAM BIRD, SR., FOR
PURPOSES OF MAINTAINING AND OPERATING A DAY
CARE CENTER AT 825 SOUTH ELLIS STREET, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the Odd Fellows Lodge is the owner of certain
property in the City of Cape Girardeau, on which it and William
Bird, Sr. desire to maintain and operate a day care center; and
WHEREAS, the proposed location of said day care center is 825
South Ellis Street, which property is presently zoned R-3,
Two -Family Dwelling 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 purposes of maintaining
and operating a day care center, on the following described
property:
Forty -Six (46) feet off of the South side of Lot Seven
(7) in Block Ten (10) of Giboney Houck's Third
Subdivision of a part of Out Lot No. 46 in Cape
Girardeau, Missouri, fronting Forty -Six (46) feet on
South Ellis Street and running West parallel with Elm
Street One Hundred Fifty (150) feet. Subject to the
easement right of ingress and egress over a strip of land
four (4) feet wide, North and South and extends West
Eighty (80) feet wide North and South and extends West
Eighty (80) feet from the West line of said South Ellis
Street.
is hereby granted to the Odd Fellows Lodge and William Bird, Sr.,
to be effective immediately upon 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 and any special conditions contained in
the Special Use Permit, a copy of which is attached hereto 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. Pursuant to Section 3.15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS OU DAY OFG lh.t 1997 .
A. 14. Spradling, IIT,'�Mayor
ATTEST:
Gayle Conrad
Deputy City Clerk
SPECIAL USE PERMIT
The Odd Fellows Lodge and William Bird, Sr., 2056 Stevens
Drive, Cape Girardeau, MO 63701, are hereby granted a Special Use
Permit for purposes of maintaining and operating a day care center,
on the following described property for an indefinite period of
time:
Forty -Six (46) feet off of the South side of Lot Seven
(7) in Block Ten (10) of Giboney Houck's Third
Subdivision of a part of Out Lot No. 46 in Cape
Girardeau, Missouri, fronting Forty -Six (46) feet on
South Ellis Street and running West parallel with Elm
Street One Hundred Fifty (150) feet. Subject to the
easement right of ingress and egress over a strip of land
four (4) feet wide, North and South and extends West
Eighty (80) feet wide North and South and extends West
Eighty (80) feet from the West line of said South Ellis
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 building and zoning
code regulations and all State requirements for
licensing.
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
Girardeau, Missouri, affixes
, 19
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
City Manager of the City of Cape
his signature this day of
Michael G. Miller
City Manager
ss.
On this day of , 19 , 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000