HomeMy WebLinkAboutOrd.516.10-19-1987BILL NO. 87-181
ORDINANCE NO. 516
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO AUGUST W. BIRK AND BETTY BIRK ROTH, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CHURCH AT 10 14ORTH SPRIGG, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU.,
MISSOURI
WHEREAS, August W. Birk and Betty Birk Roth are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate a church; and
WHEREAS, the proposed .location of said church is 10 North
Sprigg Street, which property is presently zoned C-3, Central
Business District; and
WHEREAS, a Special Use Permit is required for said church use
in a C-3 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 church, on the following described
property:
Part of Lot 30, Range C, in the City of Cape
Girardeau, Missouri.
is hereby granted to August W. Birk and Betty Birk Roth, 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 19th DAY OF OCTOBER, 1987.
Curtis 'F -.Smith' Mayor Pro Tem
ATTEST:
Alvin M. toverin , City Clerk
SPECIAL USE PERMIT
August W. Birk and Betty Birk Roth are hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating a church, on the following described property for an
indefinite period of time:
Part of Lot 30, Range C, in 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 zoning regulations.
3. This Special Use Permit is limited to the term of
occupancy of the Progressive Baptist Church at 10 North
Sprigg Street.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his. signature this day
of , 1987.
Gary A. Eide, City Manager
ATTEST:
Alvin M. Stoverink, City Clerk
STATE OF MISSOURI )
ss
COUNTY OF CAPE GIR'ARDEAU )
On this day of , 198 , before me
appeared Gary A. Eide, to me personally known, w o, 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, 1988