HomeMy WebLinkAboutOrd.1477.02-07-1994BILL NO. 94-21 ORDINANCE NO. A j
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
DAVID PATRICK AND CINDY PATRICK, FOR PURPOSES
OF CONSTRUCTING, MAINTAINING AND OPERATING AN
ADDITION TO AN EXISTING BUILDING AND
RELOCATING A RESIDENCE AT 1809 NORTH
KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, David Patrick and Cindy Patrick are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate an addition to a
commercial building to connect two existing buildings and to
relocate a residence on the property; and
WHEREAS, the proposed location of said buildings is 1809 North
Kingshighway, which property is presently zoned C-4, Planned
Commercial District; and
WHEREAS, a Special Use Permit is required for said use in a C-
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 an addition to a commercial building to
connect two existing buildings and to relocate a residence on the
property, on the following described property:
All that part of the Southeast Quarter of the Northwest
Quarter of Fractional Section 26, Township 31 North,
Range 13 East, described as follows:
Starting at the Southwest corner of the East Half of the
Northwest Quarter of said Fractional Section 26, Township
31 North, Range 13 East, run North 1820.8 feet to the
South right-of-way line of U.S. Highway 61; thence South
550 49' East 218.75 feet; thence North 340 11' East 996.2
feet to the South right-of-way line of U.S. Highway 61;
thence North 550 49' West 218.75 feet to the place of
beginning, containing 5.0 acres.
is hereby granted to David Patrick and Cindy Patrick, 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. 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 l;t:t. DAY OF
ATTEST:
GayleConrad
Deputy City Clerk
F'r--a-nc s-- E. --"Rhodes, Mayor s=%nrl
O u id ,S, L,mbat e
SPECIAL USE PERMIT
David Patrick and Cindy Patrick, 1809 North Kingshighway, Cape
Girardeau, MO 63701, are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating an addition to
a commercial building to connect two existing buildings and to
relocate a residence on the property, on the following described
property for an indefinite period of time:
All that part of the Southeast Quarter of the Northwest
Quarter of Fractional Section 26, Township 31 North,
Range 13 East, described as follows:
Starting at the Southwest corner of the East Half of the
Northwest Quarter of said Fractional Section 26, Township
31 North, Range 13 East, run North 1820.8 feet to the
South right-of-way line of U.S. Highway 61; thence South
550 49' East 218.75 feet; thence North 340 11' East 996.2
feet to the South right-of-way line of U.S. Highway 61;
thence North 550 49' West 218.75 feet to the place of
beginning, containing 5.0 acres.
This Special Use Permit is granted upon the condition that the
Applicants be bound by all City Ordinances which pertain to the
Special Use Permit and that the Applicants be bound by the
following conditions which are imposed as a condition of issuance
of this Special Use Permit. Upon the failure of the Applicants 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. A variance on parking requirements is required from the
Board of Adjustment before this Special Use Permit is
valid.
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