HomeMy WebLinkAboutOrd.738.08-21-1989BILL NO. 89-151
ORDINANCE NO. 73SY
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
YONG KIE KIM AND YONG AE KIM, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
MINI -WAREHOUSE AT 1815 CAPE LaCROIX ROAD, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Yong Kie Kim and Yong AE Kim are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate a mini -warehouse; and
WHEREAS, the proposed location of said mini -warehouse is 1815
Cape LaCroix Road, Route W, which property is presently zoned C-2,
General Commercial District; and
WHEREAS, a Special Use Permit is required for said warehouse
use in a C-2 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 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.
SECTION 2. A Special Use Permit for purposes of constructing,
maintaining and operating a mini -warehouse, on the following
described property:
That part of the Northeast Quarter of the Northwest
Quarter, and that part of the Northwest Quarter of the
Northeast Quarter of Section 26, Township 31 North, Range
13 East, County of Cape Girardeau, State of Missouri,
described as follows:
Commence at the Northwest Corner of the Northeast Quarter
of the Northwest Quarter of said Section 26; thence North
880 30' 18" East, with the North Line of said Section 26,
a distance of 1264.83 feet, to a point in the center of
Cape LaCroix Creek, the place of beginning; thence
continue,North 880 30' 18" East, with said Section line,.
267.02 feet, to a point on the West right-of-way line of
Missouri State Route "W"; thence with said right-of-way
line, South 200 56' East, 90.85 feet; thence South 210
08' East, 21.60 feet; thence departing said Route "W",
South 20 39' 31" West, 478.90 feet to a point in the
center of said Cape LaCroix Creek; thence with said
creek, North 220 16' 35" West, 46.23 feet; thence North
380 53' 15" West, 294.20 feet; thence North 150 11' 44"
West, 315.68 feet, to the place of beginning and
containing 2.4409 acres, more or less.
is hereby granted to Yong Kie Kim and Yong AE Kim, 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.
SECTION 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS e�P/CDAY OF , 1989.
L lz�
Francis E. Rhodes, Mayor
ATTEST:
SPECIAL USE PERMIT
Yong Kie Kim and Yong AE Kim are hereby granted a Special Use
Permit for purposes of constructing, maintaining and operating a
mini -warehouse, on the following described property for an
indefinite period of time:
That part of the Northeast Quarter of the Northwest
Quarter, and that part of the Northwest Quarter of the
Northeast Quarter of Section 26, Township 31 North, Range
13 East, County of Cape Girardeau, State of Missouri,
described as follows:
Commence at the Northwest Corner of the Northeast Quarter
of the Northwest Quarter of said Section 26; thence North
880 30' 18" East, with the North line of said Section 26,
a distance of 1264.83 feet, to a point in the center of
Cape LaCroix Creek, the place of beginning; thence
continue North 88° 30' 18" East, with said Section line,
267.02 feet, to a point on the West right-of-way line of
Missouri__St_ate _ Rout.e "W"__; __.thence with said right-of-way
line, South 200 56' East, 90.85 feet; thence South 210
08' East, 21.60 feet; thence departing said Route "W",
South 20 39' 31" West, 478.90 feet to a point in the
center of said Cape LaCroix Creek; thence with said
creek, North 220 16' 35" West, 46.23 feet; thence North
380 53' 15" West, 294.20 feet; thence North 151 11' 44"
West, 315.68 feet, to the place of beginning and
containing 2.4409 acres, more or less.
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 zoning regulations.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day
of , 1989.
J. Ronald Fischer, City Manager
ATTEST:
Evelyn G. LeGrand, City Clerk
STATE OF MISSOURI )
ss
COUNTY OF CAPE GIRARDEAU )
On this _ _ day of -- _ , 198 , before me
appeased 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