HomeMy WebLinkAboutOrd.1840.12-18-1995BILL NO. 95-302 ORDINANCE NO. t ��
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
RED OAK ESTATES, L.C., FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
MODEL HOME AS A SALES OFFICE WITH OFF STREET
PARKING AT 1005 EMILY COURT, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Red Oak Estates, L.C., Larry McCulley, Manager, is
the owner of certain property in the City of Cape Girardeau, on
which it desires to construct, maintain and operate a model home as
a sales office with off street parking; and
WHEREAS, the proposed location of said model home is 1005
Emily Court, 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 constructing,
maintaining and operating a model home as a sales office with off
street parking, on the following described property:
Lot 1 and Lot 2, Red Oak Estates Subdivision, Plat Book
18, Page 34, in the City of Cape Girardeau, Missouri.
is hereby granted to Red Oak Estates, L.C., Larry McCulley,
Manager, 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. �y
PASSED AND APPROVED THIS DAY OF , 19'>J.
A. M Spra ling, III, 0
yor
ATTEST:
Gayle Aee dz
Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Red Oak Estates, L.C., Larry McCulley, Manager, 805 Sharon
Drive, Cape Girardeau, MO 63701, is hereby granted a Special Use
Permit for purposes of constructing, maintaining and operating a
model home as a sales office with off street parking, on the
following described property for an•indefinite period of time:
Lot 1 and Lot 2, Red Oak Estates Subdivision, Plat Book
18, Page 34, in the City of Cape Girardeau, 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
six (6) 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.
5. This Special Use Permit is granted only for a period of
two (2) years from its date of execution.
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, 1996