HomeMy WebLinkAboutOrd.2285.12-01-1997 �
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BILL NO. 97-293 ORDINANCE NO. :'�o%'r,1
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
THE LUTHERAN HOME FOR THE AGED, FOR PURPOSES
OF MAINTAINING AND OPERATING AN OFFICE FOR
LUTHERAN HOME HEALTH AT 2855 BLOOMFIELD ROAD,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, the Lutheran Home for the Aged is the owner of
certain property in the City of Cape Girardeau, on which it desires
to maintain and operate an office for Lutheran Home Health; and
WHEREAS, the proposed location of said office is 2855
Bloomfield Road, which property is presently zoned R-1,
Single-Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-1 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 an office for Lutheran Home Health, on the following
described property:
Part of Lot Three (3) of Davis Subdivision of a part of
Out Lot 86 in Survey No. 2199 and a part of Survey No.
174, all in Township 30 North, Range 13 East, described
as follows: Start at the southwest corner of said Lot 3 ,
thence North 4° 45' East along the west line of Lot 3 ,
638 . 0 feet; thence South 82° 0' East 142 . 0 feet for the
point of beginning; thence North 4° 45' East 292 .5 feet
for a corner in the south line of Bloomfield Road; thence
along said south line North 81° 30' East 115. 4 feet and
North 85° 30' East 76.7 feet for a corner; thence South
8° 0' West 341. 5 feet for a corner; thence North 82° 0'
West 170. 0 feet to the point of beginning and contains
1. 31 acre more or less.
is hereby granted to the Lutheran Home for the Aged, to be
effective ten (10) days after the date of passage and approval of
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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.
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PASSED AND APPROVED THIS I�}� DAY OF r��!i (%%',�w �� t , 19 `�.
A. . Spradling, III, yor
ATTEST:
`
�r.; C .-�` �,
Gayle; . Conrad
Deputy City Clerk
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SPECIAL USE PERMIT
The Lutheran Home for the Aged, 2825 Bloomfield Road, Cape
Girardeau, MO 63701, is hereby granted a Special Use Permit for
purposes of maintaining and operating an office for Lutheran Home
Health, on the following described property for an indefinite
period of time:
Part of Lot Three (3) of Davis Subdivision of a part of
Out Lot 86 in Survey No. 2199 and a part of Survey No.
174, all in Township 30 North, Range 13 East, described
as follows: Start at the southwest corner of said Lot 3 ,
thence North 4° 45' East along the west line of Lot 3 ,
638. 0 feet; thence South 82° 0' East 142 . 0 feet for the
point of beginning; thence North 4° 45' East 292 . 5 feet
for a corner in the south line of Bloomfield Road; thence
along said south line North 81° 30' East 115.4 feet and
North 85° 30' East 76.7 feet for a corner; thence South
8° 0' West 341. 5 feet for a corner; thence North 82° 0'
West 170. 0 feet to the point of beginning and contains
1. 31 acre more or less.
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:
1. 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