HomeMy WebLinkAboutOrd.2161.05-19-1997BILL NO. 97-77
ORDINANCE NO. c�) I Ij I
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
BRIAN D. TRACY AND DEBRA A. TRACY, FOR
PURPOSES OF MAINTAINING AND OPERATING
COMMERCIAL STORAGE OF LOGS AT 2525 STATE
HIGHWAY 177, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Brian D. Tracy and Debra A. Tracy are the owners of
certain property in the City of Cape Girardeau, on which they
desire to maintain and operate commercial storage of logs; and
WHEREAS, the proposed location of said storage is 2525 State
Highway 177, which property is presently zoned R-1, Single -Family
Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-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 maintaining
and operating commercial storage of logs, on the following
described property:
Eighty (80) acres, the south half of the Northwest
Quarter; Forty (40) acres, the Northwest Quarter of the
Southwest Quarter; Twenty (20) acres, the West half of
the Northeast Quarter of the Southwest Quarter, and Five
(5) Acres, more or less, more or less, being and
including all that part of the West half of the Southwest
Quarter of the Southwest Quarter which lies North of the
creek known on the map of said County as "Old Cape Creek"
all in Section 21, Township 31 North, Range 14 East. Said
three first described tracts were acquired by Russell H.
Juden partly by descent as one of the heirs of Thomas
Juden deceased, and the remainder by purchase from all
the other heirs at law and legal representatives of
Thomas Juden deceased, and said last tract, five acres
more or less, is part of twenty acres purchased by
Russell H. Juden as per Deed recorded in Book No. G of
Deeds at pages 22 and 23, containing in the aggregate one
hundred forty-five (145) acres, more or less. EXCEPTING
therefrom any part in public roadways. All in the County
of Cape Girardeau, State of Missouri.
is hereby granted to Brian D. Tracy and Debra A. Tracy, 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 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. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS � DAY OF ,( , 19 97,
`v
A r
A. /M. SpK-adling, II7), Mayor
ATTEST:
Gayle Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Brian D. Tracy and Debra A. Tracy, 689 Highland Drive, Cape
Girardeau, Mo 63701, are hereby granted a Special Use Permit for
purposes of maintaining and operating commercial storage of logs,
on the following described property for an indefinite period of
time:
Eighty (80) acres, the south half of the Northwest
Quarter; Forty (40) acres, the Northwest Quarter of the
Southwest Quarter; Twenty (20) acres, the West half of
the Northeast Quartet of the Southwest Quarter, and Five
(5) Acres, more or less, more or less, being and
including all that part of the West half of the Southwest
Quarter of the Southwest Quarter which lies North of the
creek known on the map of said County as "Old Cape Creek"
all in Section 21, Township 31 North, Range 14 East. Said
three first described tracts were acquired by Russell H.
Juden partly by descent as one of the heirs of Thomas
Juden deceased, and the remainder by purchase from all
the other heirs at law and legal representatives of
Thomas Juden deceased, and said last tract, five acres
more or less, is part of twenty acres purchased by
Russell H. Juden as per Deed recorded in Book No. 6 of
Deeds at pages 22 and 23, containing in the aggregate one
hundred forty-five (145) acres, more or less. EXCEPTING
therefrom any part in public roadways. All in the County
of Cape Girardeau, State of 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 Council.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
19
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
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