HomeMy WebLinkAboutOrd.931.10-22-1990BILL NO. 90-219
ORDINANCE NO. %31
AN ORDINANCE GRANTING A SPECIAL USE PERMIT. TO
DAVID J. ROTH, SR. AND CAROL A ROTH FOR PURPOSES
OF MAINTAINING AND OPERATING A BUSINESS FOR
RETAIL SALES BY APPOINTMENT AND WHOLESALE
DISTRIBUTION AT 1450 ROSE STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, David J. Roth, Sr. and Carol A. Roth, husband and
wife, are the owners of certain property in the City of Cape
Girardeau, on which they desire to maintain and operate a business
for retail sales by appointment and wholesale distribution; and
WHEREAS, the proposed location of said business is 1450 Rose
Street, which property is presently zoned R-3, Two -Family. Dwelling
District; and
WHEREAS, a Special Use Permit is required for said business
use in a R-3 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 maintai.ning
and operating. a business for retail sales by appointment and
wholesale distribution, on the following described property:
Lot 7, Block 2 of College Park Addition to the City of Cape
Girardeau, Missouri.
is hereby granted to David J. Roth, Sr. and Carol A. Roth, husband
and wife, 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
ten days after its passage and approval.
PASSED AND APPROVED THIS pjnd DAY OF
a�
ATTEST:
(2" q D
Julie A Dale
Depu City Clerk
in full force and effect
4'ejdlel� , 19 90
SPECIAL USE PERMIT
David J. Roth, Sr. and Carol A. Roth, husband and wife, 1450
Rose Street, Cape Girardeau, MO 63701, are hereby granted a
Special Use Permit for purposes of maintaining and operating a
business for retail sales by appointment and wholesale
distribution, on the following described property for an
indefinite period of time:
Lot 7, Block 2 of College Park Addition to the City of Cape
Girardeau, Missouri.
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 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.
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 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, 1992