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HomeMy WebLinkAboutOrd.1043.07-15-1991BILL NO. 91-128 ORDINANCE NO. 10 q3 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CARLOS E. AND EMMAGENE RATLIFF, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A PROFESSIONAL SERVICES OFFICE AT 717 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Carlos E. and Emmagene Ratliff are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate a professional services office; and WHEREAS, the proposed location of said professional services office is 717 North ,Sprigg 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 professional services office, on the following described property: A parcel of land being a part of Out Lot 36 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Southeast corner of said Out Lot 36; thence Northerly along the West line of Sprigg Street, 131.67 feet to the point of'beginning. '.Thence Westerly parallel with. the South line of said Out Lot 36, 183.17 feet; thence Northerly parallel with the West line of Sprigg Street, 226.00 feet; thence Easterly parallel with the South line of said Out Lot 36, 183,17 feet to the West line of Sprigg Street; thence Southerly along said West line of Sprigg Street, 226.0 feet to the point of beginning, Subject to the right of ingress and egress over and across a 14.0 foot wide strip abutting to and along the entire North side of the above described tract extending from the West line of Sprigg Street and going West the entire length of the foregoing described tract. is hereby granted to Carlos E. and Emmagene Ratliff, 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 .1,5jj� DAY OF ; 19. ATTEST: Juli A. Dale Depu y City Clerk SPECIAL USE PERMIT Carlos E. and Emmagene Ratliff, 2021. West Cape Rock Drive are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a professional services office, on the following described property for an indefinite period of time: A parcel of land being a part of Out Lot 36 in the City and County of Cape Girardeau, Missouri, described as follows: Commence. at the Southeast corner of said Out Lot 36; thence Northerly along the West line of Sprigg Street, 131.67 feet to the point of beginning. Thence Westerly parallel with the South line of said Out Lot 36, 183.17 feet; thence Northerly parallel. with the West line of Sprigg Street, 226.00 feet; thence Easterly parallel with the South line of said Out Lot 36, 183.17 feet to the West line of Sprigg Street; thence Southerly along said West line of Sprigg Street, 226.0 feet to the point of beginning. Subject to the right of ingress and egress over and across a 14.0 foot wide strip abutting to and along the entire North side of the above described tract extending from the West line of Sprigg Street and going West the entire length of the foregoing described tract. 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 with the right of the City of Cape Girardeau 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. 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: Julie A. Dale 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 instr.ument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have my official seal, at my office day and year first above written. My Commission Expires: October 8, 1992 hereunto set my hand and affixed in Cape Girardeau, Missouri, the Delores G. Needham, Notary Public- my u lic