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HomeMy WebLinkAboutCityMgrForm.1458.06-20-1979CITY MANAGER FORM ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHELDON F. GARDNER AND GWENDOLYN R. STEVENS, FOR PURPOSES OF MAINTAINING AND OPERATING A BOOK STORE, TO BE LOCATED AT 2006 BEND ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Sheldon F. Gardner and Gwendolyn R. Stevens are the owners of certain property in the City of Cape Girardeau, Missouri, on which they desire to maintain and operate a book store; and WHEREAS, the proposed location of the said book store is 2006 Bend Road, in the City of Cape Girardeau, Missouri, which said property is presently zoned R-1, Single -Family Dwelling District; and WHEREAS, a Special Use Permit is required for said book store 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 the purposes of maintaining and operating a book store, on the following described property: A parcel of land containing 3.088 acres more or less, located in U.S.P. Survey No. 3091, Township 31 North, Range 14 East, City of Cape Girardeau, Missouri, described as follows: Start at the Northwest corner of said U.S.P. Survey No. 3091; thence South 89° 30' East, along the north line of the Survey, 703.6 feet to an intersection with the center line of Bend Road (Route SV); thence along said center line, South 410 21' West, 70.2 feet to the point of a curve to the left; thence along the arc of a 71 curve, 459.3 feet to the point of a tangent; thence South 90 12' West, 250.3 feet to the point of a 3° curve to the left; thence along the arc of said curve 348.7 feet; thence North 86° 40' East, 40.4 feet to a point in the eastline of Bend Road at the northwest corner of a 0.62 of an acre parcel for the point of beginning; thence North 86° 40' East, along the north side of said parcel, 252.5 feet to the northeast corner thereof; thence South 180 12' East, 66.0 feet to the southeast corner of same; thence North 710 48' East 286.0 feet; thence North 80 30' East, 220.0 feet to the southeast corner of a 2.29 acre parcel; thence South 880 30' West, along the south line of said parcel, 438.0 feet; thence North 700 0' West, 140.0 feet to the southwest corner of said parcel in the east line of Bend Road; thence Southerly, along said east line, 265.0 feet to the point of beginning. is hereby granted to Sheldon F. Gardner and Gwendolyn R. Stevens, 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 Mayor 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 THISC DAY OFA---', 1979. wroa-sx r- r MM ATTEST: j CITY CLERK SPECIAL USE PERMIT Sheldon F. Gardner and Gwendolyn R. Stevens are hereby granted a Special Use Permit for purposes of maintaining and operating a book store in the City of Cape Girardeau, Missouri, on the following described.property for an indefinite period: A parcel of land containing 3.088 acres more or less, located in U.S.P. Survey No. 3091, Township 31 North, Range 14 East, City of Cape Girardeau, Missouri, described as follows: Start at the Northwest corner of said U.S.P. Survey No. 3091; thence South 890 30' East, along the north line of the Survey, 703.6 feet to an intersection with the center line of Bend Road (Route SV); thence along said center line, South 410 21' West, 70.2 feet to the point of a curve to the left; thence along the arc of a 70 curve, 459.3 feet to the point of a tangent; thence South 90 12' West, 250.3 feet to the point of a 30 curve to the left; thence along the arc of said curve 348.7 feet; thence North 860 40' East, 40.4 feet to a point in the eastline of Bend Road at the northwest corner of a 0.62 of an acre parcel for the point of beginning; thence North 860 40' East, along the north side of said parcel, 252.5 feet to the northeast corner thereof; thence South 180 12' East, 66.0 feet to the southeast corner of same; thence North 710 48' East 286.0 feet;. thence North 80 30' East, 220.0 feet to the southeast corner of a 2.29 acre parcel; thence South 880 30' West, along the south line of said parcel, 438.0 feet; thence North 700 0' West, 140.0 feet to the southwest corner of said parcel in the east line of Bend Road; thence Southerly, along said east line, 265.0 feet to the point of beginning. The 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. Use is restricted to maintaining and operating a book store at 2006 Bend Road in the City of Cape Girardeau, Missouri. 2. Additions or modifications from original building permit must be approved by the City Council. 3. Special use shall meet all zoning regulations. 4. This Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Sheldon. F. Gardner and Gwendolyn R. Stevens. IN WITNESS WHEREOF, the Mayor of the. City of Cape. Girardeau, Missouri, affixes his signature this day,of 1979. 0 W 0- - NO MORE !«3qm-4 Paul W. Stehr, Mayor ATTEST: Verna L. Landis, City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU j On this day of , 1979, before me appeared PAUL W. STEHR, to me personally known, who, being by me duly sworn, did say that he is the Mayor 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, 1980 Delores G. Needham, Notary Public 2.