HomeMy WebLinkAboutOrd.1716.05-15-1995 �
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BILL NO. 95-89 ORDINANCE NO. ( i ��
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
DONNIE R. SHUCK AND ELEANOR R. SHUCK, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING MINI-STORAGE UNITS AT 1733 , 1733
REAR AND 1749 NORTH KINGSHIGHWAY, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Donnie R. Shuck and Eleanor R. Shuck are the owners
of certain property in the City of Cape Girardeau, on which they
desires to construct, maintain and operate mini-storage units; and
WHEREAS, the proposed location of said mini-storage units is
1733, 1733 Rear and 1749 North Kingshighway, which property is
presently zoned C-2 , General Commercial District and R-1,
Single-Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in a
C-2 and 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 constructing,
maintaining and operating mini-storage units, on the following
described property:
A part of Lot Five (5) in Block One (1) of Timberlane
Subdivision in the City of Cape Girardeau, Missouri,
described as follows: Begin at the Northeast corner of
said Lot 5 on the South right-of-way line of U.S. Highway
No. 61; thence North 54° West, along said South right-of-
way line, 110. 0 feet for a corner; thence South 36° West,
375. 0 feet for a corner; thence South 54° 0' East, 110. 0
feet to the East line of Lot 5; thence North 36° 0' East,
with the East line of aid Lot 5, 375. 0 feet to the point
of beginning. Subject to easements and restrictions of
record.
ALSO, A part of Lot Five (5) in Block One (1) of
Timberlane Subdivision in the City of Cape Girardeau,
Missouri, described as follows: Begin at the Northeast
corner of said Lot 5 on the South right-of-way line of
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U. S. Highway No. 61; thence North 54° 0' West, along said
South right-of-way line, 110. 0 feet for a point of
beginning; thence continue North 54° 0' West, along said
right-of-way, 115. 0 feet, a corner; thence leaving said
right-of-way line, South 36° 0' West, 525.5 feet for a
corner on the South line of Lot 5; thence South 53° 10'
East, 30. 0 feet, a corner; thence South 70° 40' East,
206. 0 feet to the Southeast corner of said Lot 5; thence
North 36° 0' East, 87 .5 feet, a corner; thence North 54°
0' West, 110. 0 feet, a corner; thence North 36° East, 375
feet to the point of beginning. Subject to a 10 foot
drainage easement along the South line.
is hereby granted to Donnie R. Shuck and Eleanor R. Shuck, 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.
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PASSED AND APPROVED THIS ' '���� DAY OF ' 1;�1�� , 19 `%�.% .
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A. . Spra ling, III, yor
ATTEST:
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Gayle �. Conrad
Deputy City Clerk
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SPECIAL USE PERMIT
Donnie R. Shuck and Eleanor R. Shuck, 643 Highland Drive, Cape
Girardeau, MO 63701, are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating mini-storage
units, on the following described property for an indefinite period
of time:
A part of Lot Five (5) in Block One (1) of Timberlane
Subdivision in the City of Cape Girardeau, Missouri,
described as follows: Begin at the Northeast corner of
said Lot 5 on the South right-of-way line of U.S. Highway
No. 61; thence North 54° West, along said South right-of-
way line, 110.0 feet for a corner; thence South 36° West,
375.0 feet for a corner; thence South 54° 0' East, 110.0
feet to the East line of Lot 5; thence North 36° 0' East,
with the East line of aid Lot 5, 375. 0 feet to the point
of beginning. Subject to easements and restrictions of
record.
ALSO, A part of Lot Five (5) in Block One (1) of
Timberlane Subdivision in the City of Cape Girardeau,
Missouri, described as follows: Begin at the Northeast
corner of said Lot 5 on the South right-of-way line of
U.S. Highway No. 61; thence North 54° 0' West, along said
South right-of-way line, 110. 0 feet for a point of
beginning; thence continue North 54° 0' West, along said
right-of-way, 115.0 feet, a corner; thence leaving said
right-of-way line, South 36° 0' West, 525.5 feet for a
corner on the South line of Lot 5; thence South 53° 10'
East, 30.0 feet, a corner; thence South 70° 40' East,
206. 0 feet to the Southeast corner of said Lot 5; thence
North 36° 0' East, 87.5 feet, a corner; thence North 54°
0' West, 110.0 feet, a corner; thence North 36° East, 375
feet to the point of beginning. Subject to a 10 foot
drainage easement along the South line.
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.
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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.
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
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