HomeMy WebLinkAboutOrd.2174.06-02-1997 r '� �
BILL NO. 97-98 ORDINANCE NO. ' ? ��i
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ROBERT A. DRURY AND ANNA R. DRURY, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A FIFTH STORY ON A STRUCTURE AT 3065
WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Robert A. Drury and Anna R. Drury are the owners of
certain property in the City of Cape Girardeau, on which they
desire to construct, maintain and operate a fifth story on a
structure; and
WHEREAS, the proposed location of said structure is 3065
William Street, which property is presently zoned C-2 , General
Commercial District; and
WHEREAS, a Special Use Permit is required for said use in an
C-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 constructing,
maintaining and operating a fifth story on a structure, on the
following described property:
A PART OF OUTLOT NO. 84 , UNITED STATES PRIVATE SURVEY NO.
2199 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commencing at the intersection of the east line of Mt.
Auburn Road and the south line of Outlot 84 ; Thence N 06°
Ol' 24" E, 22 . 00 feet along the east line of Mt. Auburn
Road to a 1/2" Iron Pin being the TRUE POINT OF BEGINNING
Thence continuing N 06° Ol' 24" E, 850 04 feet along said
east line of Mt. Auburn Road to a 1/2" Iron Pin at the
intersection of said east line with the south right of
way line of Missouri State Route K; Thence along said
south right of way line the following courses and
distances:
N 67° 43 ' 29" E, 128 . 67 feet to a 1/2" Iron Pin; Thence
S 69° 18' 21" E, 375. 66 feet to a Right of Way Marker;
Thence S 32° 47' 47" E, 103 . 86 feet to a 1/2" Iron Pin;
Thence leaving said right of way line S 20° 46' 29" W,
141. 18 feet to a 1/2 " Iron Pin at the beginning of a
curve concave to the southeast having a radius of 287 . 00
feet and a central angle of 40° O1' S2" ; Thence in a
southwesterly direction along said curve 200. 52 feet to
a 1/2" Iron Pin; Thence S 19° 57' 34" W, 25. 37 feet to a
1/2" Iron Pin; Thence S 59° 40' 30" W, 81. 08 feet to a
1/2" Iron Pin at the beginning of a curve concave to the
southeast having a radius of 310. 00 feet and a central
angle of 29° 34 ' 03" ; Thence in a southwesterly direction
along said curve 159 . 98 feet to a 1/2" Iron Pin; Thence
S 30° 06' 27" W, 227 .40 feet to a 1/2" Iron pin; Thence
S 72° 05' S8" W, 26. 76 feet to a 1/2" Iron Pin being the
beginning of a non-tangent curve concave to the southwest
having a radius of 237 . 00 feet and a central angle of 17°
44 ' 06" and from which point a radial line bears S 23 °
48' S2" W; Thence in a northwesterly direction along said
curve 73 . 36 feet to a 1/2" Iron Pin; Thence N 83 ° 55' 14"
W, 163 . 75 feet to the point of beginning containing 8 . 825
acres.
is hereby granted to Robert A. Drury and Anna R. Drury, 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 ;�:�``/�`:'�t DAY OF r ��,� , 19 `� .
:� �, _
� �/
A. M. Spradling, II , Mayor
ATTEST:
F� -rLG�`;�/� � _{� _{' T �r ,�if
Gayle�-Z. Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Robert A. Drury and Anna R. Drury, c/o Larry Westrich, DSW
Development Corporation, P.O. Box 1214 , Cape Girardeau, Mo 63701,
are hereby granted a Special Use Permit for purposes of
constructing, maintaining and operating a fifth story on a
structure, on the following described property for an indefinite
period of time:
A PART OF OUTLOT NO. 84 , UNITED STATES PRIVATE SURVEY NO.
2199 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI , BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commencing at the intersection of the east line of Mt.
Auburn Road and the south line of Outlot 84 ; Thence N O6°
Ol' 24" E, 22 . 00 feet along the east line of Mt. Auburn
Road to a 1/2" Iron Pin being the TRUE POINT OF BEGINNING
Thence continuing N 06° Ol' 24" E, 850 04 feet along said
east line of Mt. Auburn Road to a 1/2" Iron Pin at the
intersection of said east line with the south right of
way line of Missouri State Route K; Thence along said
south right of way line the following courses and
distances:
N 67° 43 ' 29" E, 128 . 67 feet to a 1/2" Iron Pin; Thence
S 69° 18 ' 21" E, 375 . 66 feet to a Right of Way Marker;
Thence S 32 ° 47 ' 47" E, 103 . 86 feet to a 1/2" Iron Pin;
Thence leaving said right of way line S 20° 46 ' 29" �1i,
141 . 18 feet to a 1/2 " Iron Pin at the beginning of a
curve concave to the southeast having a radius of 287 . 00
feet and a central angle of 40° O1 ' S2" ; Thence in a
southwesterly direction along said curve 200 . 52 feet to
a 1/2" Iron Pin; Thence S 19° 57 ' 34" W, 25 . 37 feet to a
1/2" Iron Pin; Thence S 59° 40' 30" W, 81 . 08 feet to a
1/2" Iron Pin at the beginning of a curve concave to the
southeast having a radius of 310 . 00 feet and a central
angle of 29° 34 ' 03" ; Thence in a southwesterly direction
along said curve 159 . 98 feet to a 1/2" Iron Pin; Thence
S 30° 06' 27" W, 227 . 40 feet to a 1/2" Iron pin; Thence
S 72 ° 05' 58" W, 26 . 76 feet to a 1/2" Iron Pin being the
beginning of a non-tangent curve concave to the south�:�est
having a radius of 237 . 00 feet and a central angle of 17 °
44 ' 06" and from which point a radial line bears S 23 °
48 ' S2" W; Thence in a northwesterly direction along said
curve 73 . 36 feet to a 1/2" Iron Pin; Thence N 83 ° 55 ' 14"
W, 163 . 75 feet to the point of beginning containing 8 . 825
acres.
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 .
5 . There shall be no occupancy of the fifth floor until
required parking is provided.
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