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HomeMy WebLinkAboutOrd.1472.01-03-1994BILL NO. 93-288 ORDINANCE NO. i4! %rz AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DAVID AND CHERYL KINDER, S. JEANNIE STOUT, AND WILLIAM E. POGUE, JR., AND JANNETTE POGUE, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A YARD SIGN AT 444 MARIE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, David and Cheryl Kinder, S. Jeannie Stout, and William E. Pogue, Jr. and Jannette Pogue are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate a yard sign; and WHEREAS, the proposed location of said yard sign is 444 Marie Street, which property is presently zoned R-4, Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in a R- 4 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 yard sign, on the following described property: Lot 28 and the North 5 feet of Lot 27, Normal Avenue Place in the City of Cape Girardeau, Missouri. is hereby granted to David and Cheryl Kinder, S. Jeannie Stout, and William E. Pogue, Jr. and Jannette Pogue, 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 _L DAY OF Aa,&W4v,1 19el �. rancis E. Rhodes, Mayor ATTEST: Gayle 1. Conrad Deputy City Clerk SPECIAL USE PERMIT David and Cheryl Kinder, 441 Marie Street, Cape Girardeau, MO 63701; S. Jeannie Stout, 444 Marie Street, Cape Girardeau, MO 63701; and William E. Pogue, Jr., and Jannette Pogue, 472 Eva Street, Puxico, MO 63960 are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a yard sign, on the following described property for an indefinite period of time: Lot 28 and the North 5 feet of Lot 27, Normal Avenue Place 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. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 19 J. Ronald Fischer, 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 J. Ronald Fischer, 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