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HomeMy WebLinkAboutOrd.1691.03-20-1995 A BILL NO. 95-39 ORDINANCE NO. ���' �%� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RICHARD J. KNAUP AND CARLA J. KNAUP, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A GREENHOUSE AT 134 AND 136 SOUTH PACIFIC STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Riehard J. Knaup and Carla J. Knaup are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate a greenhouse; and WHEREAS, the proposed location of said greenhouse is 134 and 136 South Pacific, which property is presently zoned C-2 , General Commercial District; and WHEREAS, a Special Use Permit is required for said use in a C-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. 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 greenhouse, on the following described property: All of Lots Seven (7) , Eight (8) , and Nine (9) and parts of Lots Five (5) and Six (6) in Range "A" Painter Partition to the City of Cape Girardeau, Missouri, described as follows: Beginning at the Northeast corner of Pacific and William Street, and running North 192 . 50 feet; thence East 180 feet; thence South 89 . 50 feet; thence West 67 feet; thence South 103 . 0 feet to the North line of William Street; thence West 112 . 0 feet to the point of beginning. ALSO: Al l of Lot Number Ten (10) in Range "A" of the Painter Partition of the City of Cape Girardeau, Missouri, described by meters and bounds as follows: Begin at a point on the East line of Pacific Street 192 . 50 feet North of William Street and run thence North with said East line of Pacific Street 45 feet; thence East parallel with William Street 180 feet to an alley; thence South with said Alley 45 feet; thence West parallel with William Street 180 feet to the point of beginning. is hereby granted to Richard J. Knaup and Carla J. Knaup, 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(��1 , 19�. A. . Spr dling, III ayor ATTEST: 1 �. Gayle L Conrad Deputy City Clerk SPEC�AL USE PERMTT Richard J.� Knaup and Carla J. Knaup, 136 South Pacific Street, Cape Girardeau, Mi•ssouri 63703, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a greenhouse, �on the fol�owing described property for an indefinite period of time: . All of Lots Seven (7) , Eight (8) , and Nine (9) and parts of • Lots Five (5) and Six � (6) in Range "A" Painter Partition to the :City of Cape Girardeau, Missouri, described as follows: . Beginning at the Northeast corner of Pacific and William Stree�, and running North 192 . 50 feet; thence East 180 feet; therice South 89..50 feet; thence West 67 feet; thence South 103 . 0 �eet to the North line of William Street; thence West 112 . 0 feet to the point of beginning. ALSO: All of Lot Number Ten (10) � in Range "A" of the Painter Partition of the City of Cape Girardeau, Missouri, described by meters and bounds as follows: Begin at a point on the East line of Pacific Street 192 . 50 feet North of William Street and run thence North with said East line of Pacific Street 45 feet; thence East parallel with William Street 180 feet to an alley; thence South with said Alley 45 feet; thence West parallel with William Street 180 feet to the point of beginning. This 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 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 six (6) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. r 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, affixe5 his signature this day of , 19 J. Ronald Fischer, 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 J. Ronald Fischer, 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, 1996 C