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HomeMy WebLinkAboutOrd.2296.12-15-1997 BILL NO. 97-295 ORDINANCE NO. �-;;;-� `��t% AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 , FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO JEFFERSON ELEMENTARY SCHOOL AT 520 SOUTH MINNESOTA, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Cape Girardeau School District No. 63 is the owner of certain property in the City of Cape Girardeau, on which it desires to construct, maintain and operate an addition to Jefferson Elementary School; and WHEREAS, the proposed location of said school is 520 South Minnesota, 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 constructing, maintaining and operating an addition to Jefferson Elementary School, on the following described property: JEFFERSON ELEMENTARY SCHOOL A part of Out Lot Forty-Three (43) in the City of Cape Girardeau, Missouri, in Survey No. 2199, described as follows: Begin at a point where the East line of Minnesota Avenue intersects the North line of College Street as shown by quit claim deed recorded in Book 151 at Page 546; thence eastwardly along the North line of College Street a distance of 397 .7 feet to the West line of Missouri Avenue as established by quit claim deed recorded in Book 151 at Page 546; thence northwardly along the West line of Missouri Avenue a distance of 1025. 7 feet; thence North 81° 45' West, 397 .7 feet to a point on the East line of Minnesota Avenue; thence South 8° 15' West along the East line of Minnesota Avenue 1029.4 feet to the point of beginning. is hereby granted to Cape Girardeau School District No. 63 , 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 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS � DAY OF l>��-(�s�.li� t��; i , 19 % % . A. . Spradling, III, ayor ATTEST: f �� � �� ,� Gayle L. Conrad Deputy City Clerk SPECIAL USE PERMIT Cape Girardeau School District No. 63 , 61 North Clark Street, Cape Girardeau, MO 63701, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating an addition to Jefferson Elementary School, on the following described property for an indefinite period of time: JEFFERSON ELEMENTARY SCHOOL A part of Out Lot Forty-Three (43) in the City of Cape Girardeau, Missouri, in Survey No. 2199, described as follows: Begin at a point where the East line of Minnesota Avenue intersects the North line of College Street as shown by quit claim deed recorded in Book 151 at Page 546; thence eastwardly along the North line of College Street a distance of 397 .7 feet to the West line of Missouri Avenue as established by quit claim deed recorded in Book 151 at Page 546; thence northwardly along the West line of Missouri Avenue a distance of 1025.7 feet; thence North 81° 45' West, 397.7 feet to a point on the East line of Minnesota Avenue; thence South 8° 15' West along the East line of Minnesota Avenue 1029 .4 feet to the point 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: 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