HomeMy WebLinkAboutOrd.2169.06-02-1997 BILL NO. 97-96 ORDINANCE NO. ,';
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
TIMOTHY COAD AND ALL-DRY OF TRI-STATES, INC. ,
FOR PURPOSES OF MAINTAINING AND OPERATING A
BASEMENT WATERPROOFING BUSINESS AT 1456 NORTH
WEST END BOULEVARD, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Timothy Coad is the owner of certain property in the
City of Cape Girardeau, on which All-Dry of Tri-States, Inc. , Joe
Shofner, Owner, desires to maintain and operate a basement
waterproofing business; and
WHEREAS, the proposed location of said business is 1456 North
West End Boulevard, which property is presently zoned R-2 ,
Single-Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-2 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS:
ARTICLE 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.
ARTICLE 2 . A Special Use Permit for purposes of maintaining
and operating a basement waterproofing business, on the following
described property:
Part of the North Half of Lot No. 4 in Block No. 23 of
Monticello Second Addition to the City of Cape Girardeau,
as shown by plat recorded in Plat Book 3 at Page 16 ,
County of Cape Girardeau, State of Missouri, described as
follows: Start at the Northwest corner of said Lot No.
4 , the place of beginning; thence East, with the South
line of Butler Street, 161. 8 feet; thence South, parallel
to the West line of said Lot No. 4 , 90. 0 feet; thence
West, 40. 8 feet; thence North 20. 0 feet; thence West,
121. 0 feet, to a point on the West line of said Lot No.
4 , being the East line of West End Boulevard; thence
North, 70. 0 feet, to the place of beginning.
is hereby granted to Timothy Coad and Al1-Dry of Tri-States, Inc. ,
Joe Shofner, Owner, 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.
ARTICLE 3 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS �':��':' DAY OF �:t N:.�' , 19 �� ! .
A. . Sp oling, III , Mayor
ATTEST:
- r
��c_�i( ��l �'� ��,i_�1:.!,_r;
Gayle; L. Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Timothy Coad, 2117 Yorktown Drive, Cape Girardeau, MO 63701
and All-Dry of Tri-States, Inc. , Joe Shofner, Owner, 1456 North
West End Boulevard, Cape Girardeau, MO 63701-3953 , are hereby
granted a Special Use Permit for purposes of maintaining and
operating a basement waterproofing business, on the following
aescribed property for an indefinite period of time:
Part of the North Half of Lot No. 4 in Block No. 23 of
Monticello Second Addition to the City of Cape Girardeau,
as shown by plat recorded in Plat Book 3 at Page 16,
County of Cape Girardeau, State of Missouri, described as
follows: Start at the Northwest corner of said Lot No.
4 , the place of beginning; thence East, with the South
line of Butler Street, 161. 8 feet; thence South, parallel
to the West line of said Lot No. 4 , 90 . 0 feet; thence
West, 40 . 8 feet; thence North 20. 0 feet; thence West,
121. 0 feet, to a point on the West line of said Lot No.
4 , being the East line of West End Boulevard; thence
North, 70. 0 feet, to the place of beginning.
This Special Use Permit is granted upon the condition that the
Applicant be bound by all City Ordinances which pertain to the
Special Use Permit and that the Applicant be bound by the following
conditions which are imposed as a condition of issuance of this
Special Use Permit. Upon the failure of the Applicant to comply
with these special conditions, the Special Use Permit will
automatically terminate and the City of Cape Girardeau shall have
the right to enter upon the land to abate such special use.
SPECIAL CONDITIONS:
l . Additions or modifications from the original building
permit must be approved by the City Council .
2 . Special use shall meet all applicable zoning regulations.
3 . This Special Use Permit shall automatically terminate in
twelve (12) months upon the failure to develop the use of
the land for which the Special Use Permit has been
issued.
4 . This Special Use Permit is not transferrable without
consent of the City Council .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
, 19
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , before me
appeared Michael G. Miller, to me personally known, 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.
Delores G . Needham, Notary Public
My Commission Expires:
October 8 , 2000