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HomeMy WebLinkAboutOrd.21.09-20-1982BILL NO. 82-44 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO VERNON E. RHODES AND EDWIN E. RHODES, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO AN EXISTING U STORE & LOCK IT FACILITY, ON PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Vernon E. Rhodes and Edwin E. Rhodes are the owners of certain property in the City of Cape Girardeau, Missouri, on which they desire to construct, maintain and operate an addition to an existing U Store and Lock It facility; and WHEREAS, the proposed location of said building is Star Route W, which said property is presently zoned R-1, Single - Family Dwelling District; and WHEREAS, a Special Use Permit is required for said storage building use in a R-1 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 an addition to an existing U Store and Lock It facility, on the following described property: That part of the West half of the Northeast quarter of fractional Section 26, Township 31 North, Range 13 East, of the Fifth Principal Meridian, described as follows: Commence at the Northwest corner of the Northeast quarter of the Northwest quarter of said Section 26; thence Easterly along the North line of said Northeast quarter of the Northwest quarter, 802.5 feet to an iron pin; thence Southerly and parallel to the West line of said Northeast quarter of the Northwest quarter, 1262.9 feet to the North right-of-way line of U.S. Route 61; thence South 551 57' East along said right-of-way, 808.44 feet to a 1/2 inch iron rod; thence continue South 550 57' East, 359.06 feet to a 5/8 inch iron L w rod at the Southwest corner of a 10 acre tract heretofore conveyed; thence North 20 37-1/2' East, 794.03 feet to a 5/8 inch iron rod on the Southwest bank of Cape LaCroix Creek; thence North 340 01' East, to a point in the center of Cape LaCroix Creek for a place of beginning, thence continue North 340 01' East to a right-of-way monument on the West right-of-way of State Route W, said monument being 35 feet opposite and normal to centerline station 491 plus 90.4; thence North 210 08' West along said right-of-way, 968.86 feet to a 1/2 inch iron rod; thence South 20 37-1/2' west, to a point in the center of Cape LaCroix Creek, thence in a Southeasterly direction along the center of Cape LaCroix Creek to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri. is hereby granted to Vernon E. Rhodes and Edwin E. Rhodes, to be effective ten (10) days after the date of passage and approval of this ordinance. The Special Use Permit 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, 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, marked Exhibit "A" 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 DAY OF &I , 1982. e'/ MAYOR ATTEST: CITY CLERK SPECIAL USE PERMIT Vernon E. Rhodes and Edwin E. Rhodes are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating an addition to an existing U Store and Lock It facility, in the City of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: That part of the West half of the Northeast quarter of fractional Section 26, Township 31 North, Range 13 East, of the Fifth Principal Meridian, described as follows: Commence at the Northwest corner of the Northeast quarter of the Northwest quarter of said Section 26; thence Easterly along the North line of said Northeast quarter of the Northwest quarter, 802.5 feet to an iron pin; thence Southerly and parallel to the West line of said Northeast quarter of the Northwest quarter, 1262.9 feet to the North right-of-way line of U.S. Route 61; thence South 551 57' East along said right-of-way, 808.44 feet to a 1/2 inch iron rod; thence continue South 55° 57' East, 359.06 feet to a 5/8 inch iron rod at the Southwest corner of a 10 acre tract heretofore conveyed; thence North 20 37-1/2' East, 794.03 feet to a 5/8 inch iron rod on the Southwest bank of Cape LaCroix Creek; thence North 34° 01' East, to a point in the center of Cape LaCroix Creek £or a place of beginning, thence continue North 340 01' East to a right-of-way monument on the West right-of-way of State Route W, said monument being 35 feet opposite and normal to centerline station 491 plus 90.4; thence North 210 08' West along said right-of-way, 968.86 feet to a 1/2 inch iron rod; thence South 2° 37-1/2' west, to a point in the center of Cape LaCroix Creek, thence in a Southeasterly direction along the center of Cape LaCroix Creek to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, 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. 0 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 shall be binding upon the heirs, executors, successors and assigns of Vernon E. Rhodes and Edwin E. Rhodes. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 1982. ATTEST: Verna L. Landis, City Clerk Gary A. Eide, City Manager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU } On this day of , 198 , before me appeared Gary A. Eide, to mepersonally know, 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. My Commission Expires: October 8, 1984. Delores G. Needham, Notary Public 2.