HomeMy WebLinkAboutOrd.944.11-19-1990BILL NO. 90-248
ORDINANCE N0. 9 yy
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
JAMES L. MUNGLE, JANET L. MUNGLE AND HERBERT L.
ANNIS, FOR PURPOSES OF CONSTRUCTING, MAINTAINING
AND OPERATING A SIGN ATTACHED TO A NONCONFORMING
BUILDING AT 2424 KINGSWAY DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, James L. Mungle and Janet L. Mungle are the owners of
certain property in the City of Cape Girardeau, on which Herbert
L. Annis desires to construct, maintain and operate a sign
attached to a nonconforming building; and
WHEREAS, the proposed location of said building is 2424
Kingsway Drive, which property is presently zoned R-1,
Single -Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in a
R-2 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 sign attached to a nonconforming
building, on the following described property:
A tract of land in what is commonly known as the Southeast
Quarter of Out Lot 80, U.S.P. Survey No. 2199, Township 31
North, Range 13 East, in the City of Cape Girardeau,
Missouri, and more particularly described as follows:
Begin at a stone at the Northwest corner of what is known
as the Southeast Quarter of said Out Lot 80 and run South
80 West, with West line of said Southeast Quarter of Out
Lot 80, 39 feet to the intersection of said West line with
the East line of U.S. Highway No. 61; thence with said East
right-of-way line South 280 55' East, 178.6 feet; thence
South 170 16' East, 184.7 feet; thence South 380 06' East,
25 feet; to a point on the Northeast right-of-way line of
Old Cape Girardeau -Jackson Gravel Road for a beginning
corner; thence continue South 380 06' East, with said
Northeast right-of-way line, 130 feet to the Southwest
corner of the Dormeyer lot; thence North 19° 11' East, with
the West line of said Dormeyer Lot, 209.5 feet; thence
North 820 West, 80 feet; thence South 33° 12' West, 127.5
feet to the beginning corner.
is hereby granted to James L. Mungle, Janet L. Mungle and Herbert
L. Annis, 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 `1 jk DAY OF )JnV.�,Y)? b_ , 19 qD .
'Francis E. -Rhodes', Mayor
ATTEST:
Juli Dale
DepuVy City Clerk
SPECIAL USE PERMIT
James L. Mungle and Janet L. Mungle, 900 North Kingshighway,
Cape Girardeau, MO 63701, and Herbert L. Annis, 2424 Kingsway
Drive, Cape Girardeau, MO 63701, are hereby granted a Special Use
Permit for purposes of constructing, maintaining and operating a
sign attached to a nonconforming building, on the following
described property for an indefinite period of time:
A tract of land in what is commonly known as the Southeast
Quarter of Out Lot 80, U.S.P. Survey No. 2199, Township 31
North, Range 13 East, in the City of Cape Girardeau,
Missouri, and more particularly described as follows:
Begin at a stone at the Northwest corner of what is known
as the Southeast Quarter of said Out Lot 80 and run South
80 West, with West line of said Southeast Quarter of Out
Lot 80, 39 feet to the intersection of said West line with
the East line of U.S. Highway No. 61; thence with said East
right-of-way line South 280 55' East, 178.6 feet; thence
South 170 16' East, 184.7 feet; thence South 380 06' East,
25 feet; to a point on the Northeast right-of-way line of
Old Cape Girardeau -Jackson Gravel Road for a beginning
corner; thence continue South 380 06' East, with said
Northeast right-of-way line, 130 feet to the Southwest
corner of the Dormeyer lot; thence North 190 11' East, with
the West line of said Dormeyer Lot, 209.5 feet; thence
North 820 West, 80 feet; thence South 330 12' West, 127.5
feet to the beginning corner.
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 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:
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
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
F