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HomeMy WebLinkAboutCityMgrForm.1481.09-05-1979CITY MANAGER FORM ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MICHAEL PROBST AND MARILYN PROBST, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE HOME RESIDENCE, TO BE LOCATED AT 1015 NORTH LORIMIER, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Michael Probst and Marilyn Probst are the owners of certain property in the City of Cape Girardeau, Missouri, on which they desire to maintain and operate a mobile home as a residence; and WHEREAS, the proposed location of the said mobile home is 1015 North Lorimier, in the City of Cape Girardeau, Missouri, which said property is presently zoned R-2, Single -Family Dwelling District; and WHEREAS, a Special Use Permit is required for said mobile home use in a R-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 the purposes of maintaining and operating a mobile home as a residence, on the following described property: A part of Lots 5, 6 and 7 in Block 8 of Marble City Heights Addition to the City of Cape Girardeau, Cape Girardeau County, Missouri, described as follows: Beginning at the northeast corner of Lot 5, Block 8 in the Marble City Heights Addition to the City of Cape Girardeau, Missouri; thence West along the North line of Lot 5, a distance of 50 feet for a corner; thence South parallel to and 50 feet west of the east line of Block 8 a distance of 140 feet for a corner; thence west parallel to and 10 feet north of the south line of Lot 7 in said Block 8 a distance of 65 feet more or less to the north and east line of North End Boulevard; thence southeast along said north and east line of North End Boulevard to the south line of Lot 7; thence East along said South line a distance of 105 feet to the southeast corner of Lot 7; thence north along the east line of Lots 7, 6 and 5 a distance of 150 feet to the point of beginning. is hereby granted to Michael Probst and Marilyn Probst, 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 THIS DAY OF 1979. MAYOR ATTEST: Verna L. Landis, City Clerk SPECIAL USE PERMIT Michael Probst and Marilyn. Probst are hereby granted a Special Use Permit for purposes of maintaining and operating a mobile home as a residence in the City of Cape Girardeau, Missouri, on the following described property for an indefinite period: A part of Lots 5, 6 and 7 in Block 8 of Marble City Heights Addition to the City of Cape Girardeau, Cape Girardeau County, Missouri, described as follows: Beginning at the northeast corner of Lot 5, Block 8 in the Marble City Heights Addition to the City of Cape Girardeau, Missouri; thence West along the North lite of Lot 5, a distance of 50 feet for a corner; thence South parallel to and 50 feet west of the east line of Block 8 a distance of 140 feet for a corner; thence west parallel to and 10 feet north of the south line of Lot 7 in said Block 8 d distance of 65 feet more or less to the north and east line of North End Boulevard; thence southeast along said north and east line of North End Boulevard to the south line of Lot 7; thence East along said South line a distance of 105 feet to the southeast corner of Lot 7; thence north along the east line of Lots 7, 6 and 5 a distance of 150 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. SPFCTAT. C'(lNnTTTnMq 1. Use is restricted to maintaining and operating a mobile home as a residence for Michael Probst and Marilyn Probst only. 2. This Special Use Permit is restricted to Michael Probst and Marilyn Probst and is not transferrable. 3. Mobile home shall be kept in a moveable condition. 4. Additions or modifications from original building permit must be approved by the City Council. 5. Special use shall meet all zoning regulations. W This Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Michael Probst and Marilyn Probst. 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 Cler 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.