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HomeMy WebLinkAboutCityMgrForm.1478.09-05-1979CITY MANAGER FORM ORDINANCE NO.� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHARLES E. MOUTELL AND CAROLE A. MOUTELL, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING THREE APARTMENT BUILDINGS, TO BE LOCATED AT THE NORTHWEST CORNER OF INDEPENDENCE AND ELLIS STREETS, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Charles E. Moutell and Carole A. Moutell are the owners of certain property in the City of Cape Girardeau, Missouri, on which they desire to construct, maintain and operate three (3) apartment buildings; and WHEREAS, the proposed location of the said apartment buildings is at the Northwest corner of Independence and Ellis Streets, which said property is presently zoned C-1, Local Commercial District; and WHEREAS, a Special Use Permit is required for said apartment building use in a C-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 constructing, maintaining and operating three (3) apartment buildings, on the following described property: Part of Lot Number Thirty-nine (39) in Range "C" in the City of Cape Girardeau, Missouri, to -wit: Commence on the southwest corner of said Lot 39 in Range "C"; thence east with and along Independence Street, 120 feet to a corner; thence North, parallel with Ellis Street, 120 feet to an alley of 9 feet, established for the benefit of the different owners of lots Nos. 40 and 39, Range "C"; thence West with said alley, 120 feet to an alley of 16 feet; thence South with said alley, 120 feet to the place of beginning. .1Z ED Part of Lot Thirty Nine (39) in Range "C" in the City of Cape Girardeau, Missouri, described as follows: Commencing at the southeast corner of said Lot 39, in Range "C" of said city and run West with the North line of Independence Street 60 feet to a corner; thence North parallel with Ellis Street, 120 feet to an alley 9 feet in width, established for the mutual benefit of the owners of Lots 39 and 40 in Range "C"; thence East with the South line of said alley, 60 feet to Ellis Street, and then South along the West line of Ellis Street 120 feet to the place of beginning. is hereby granted to Charles E. Moutell and Carole A. Moutell, 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. f.� 1 PASSED AND APPROVED THIS DAY OF Q. 1979. ATTEST: i CITY CL RK 1 00 MAYOR SPECIAL USE PERMIT Charles E. Moutell and Carole A. Moutell are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating three (3) apartment buildings.in the City of Cape Girardeau, Missouri, on the following described property for an indefinite period: Part of Lot Number Thirty-nine (39) in Range "C" in the City of Cape Girardeau, Missouri, to -wit: Commence on the southwest corner of said Lot 39 in Range "C"; thence east with and along Independence Street, 120 feet to a corner; thence North, parallel with Ellis Street, 120 feet to an alley of 9 feet, established for the benefit of the different owners of lots Nos. 40 and 39, Range "C"; thence Truest with said alley, 120 feet to an alley of 16 feet; thence South with said alley, 120 feet to the place of beginning. E Part of Lot Thirty Nine (39) in Range "C" in the City of Cape Girardeau, Missouri, described as follows: Commencing at the southeast corner of said Lot 39, in Range "C" of said city and run West with the North line of Independence Street 60 feet to a corner; thence North parallel with Ellis Street, 120 feet to an alley 9 feet in width, established for the mutual benefit of the owners of Lots 39 and 40 in Range "C"; thence East with the South line of said alley, 60 feet to Ellis Street, and then South along the West line of Ellis Street 120 feet to the place 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 unposed 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 ('ON1)TTTnN.q- 1. Use is restricted to constructing, maintaining and operating three (3) apartment buildings at the Northwest corner of Independence and Ellis Streets in the City of Cape Girardeau, Missouri. 2. There shall be constructed a six (6) unit apartment building on each lot with a variance of seven thousand eight hundred (7,800) feet per lot. 3. There shall be nine (9) parking spaces provided on each lot. 4. Additions or modifications from the original building permit must be approved by the City Council. 5. Special Use shall meet all zoning regulations. 0 This Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Charles E. Moutell and Carole A. Moutell. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri affixes his signature this day of , 1979. Paul W. Stehr, Mayor ATTEST: Verna L. Landis, City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) 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.