HomeMy WebLinkAboutOrd.1776.09-05-1995 BILL NO. 95-192 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
RICHARD L. EGGIMANN, JOAN EGGIMANN AND HAN
KANG, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING APARTMENTS ON LOTS
6, 7 AND 8, BLOCK 1, TIMBERLANE SUBDIVISION
AND 2910 KAGE ROAD, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Richard L. Eggimann and Joan Eggimann are the owners
of certain property in the City of Cape Girardeau, on which Han
Kang desires to construct, maintain and operate apartments; and
WHEREAS, the proposed location of said apartments is Lots 6,
7 and 8, Block 1, Timberlane Subdivision, and 2910 Kage Road, which
property is presently zoned C-1, Local Commercial District; and
WHEREAS, a Special Use Permit is required for said use in a
C-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 apartments, on the following described
property:
Tract No. 1:
A tract of land situated partly in the Southeast Quarter of the
Northwest Quarter and partly in the Southwest Quarter of the
Northeast Quarter of Fractional Section 26, Township 31 North, Range
13 East, Cape Girardeau County, and more particularly described by
metes and bounds as follows:
Starting at the Southwest corner of the East Half of the Northwest
Quarter of said Fractional Section 26, Township 31 North, Range 13
East and run South 89° 15' East with the East and West centerline of
said Section 26 and the centerline of a Public Road, 1220 feet for
a beginning corner; thence North 8° 27' East, 361.7 feet for a
corner; thence South 78° 17' East, 78.0 feet for a corner; thence
South 36° 11' East, 66.0 feet for a corner; thence South 4° 11'
West, 281.6 feet for a corner in the East and West centerline of
said Section 26 and the centerline of the Public Road; thence North
89° 15' West, along said centerline, a distance of 151.36 feet to
the point of beginning. Except that part thereof that may be located
within the limits of the Public Road.
Tract No. 2:
Al1 of Lots Numbered Seven (7) and Eight (8) in Block Numbered One
(1) of Timberlane Subdivision in the City of Cape Girardeau,
Missouri, as shown by Plat recorded in Plat Book 7 at Page 15, land
records of Cape Girardeau County, Missouri
And, part of Lot Numbered Six (6)in Block Numbered One (1) of
Timberlane Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 7 at Page 15, land records of
Cape Girardeau County, Missouri, described as follows:
Begin at the Northeast corner of Lot 6; thence South 8° 12' West,
with the East line of Lot 6, 141.5 feet to the Southeast corner of
Lot 6; thence Westerly with the South line of Lot 6, 100 feet to the
Southwest corner of Lot 6; thence North 8° 12' East, 160 feet, more
or less, to the North line of Lot 6; thence South 70° 40' East, with
the North line of Lot 6, to the point of beginning.
is hereby granted to Richard L. Eggimann, Joan Eggimann and Han
Kang, to be effective immediately upon the 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 Interim 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 , DAY OF �, ��,�zt„-y;rp`;�� , 19 ",'-
,
A. . Spra ling, III y r
ATTEST:
• ,
Gayle' L. Conrad
Deputy City Clerk
� , .
SPECIAL USE PERMIT
Richard L. Eggimann and Joan Eggimann, 235 Hillview, Cape
Girardeau, Missouri 63701, and Han Kang, 1419 Sylvan Lane, Cape
Girardeau, Missouri 63701, are hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating apartments,
on the following described property for an indefinite period of
time:
Tract No. 1:
A tract of land aituated partly in the Southeast Quarter of the
Northwest Quarter and partly in the Southwest Quarter of the
Northeast Quarter of Fractional Section 26, Township 31 North, Range
13 East, Cape Girardeau County, and more particularly described by
metes and bounds as follows:
Starting at the Southwest corner of the East Half of the Northwest
Quarter of said Fractional Section 26, Township 31 North, Range 13
East and run South 89° 15' East with the East and West centerline of
said Section 26 and the centerline of a Public Road, 1220 feet for
a beginning corner; thence North 8° 27' East, 361.7 feet for a
corner; thence South 78° 17' East, 78.0 feet for a corner; thence
South 36° 11' East, 66.0 feet for a corner; thence South 4° 11'
West, 281.6 feet for a corner in the East and West centerline of
said Section 26 and the centerline of the Public Road; thence North
89° 15' Weat, along said centerline, a distance of 151.36 feet to
the point of beginning. Except that part thereof that may be
located within the limits of the Public Road.
Tract No. 2:
All of Lots Numbered Seven (7) and Eight (8) in Block Numbered One
(1) of Timberlane Subdivision in the City of Cape Girardeau,
Missouri, as shown by Plat recorded in Plat Book 7 at Page 15, land
records of Cape Girardeau County, Missouri.
And, part of Lot Numbered Six (6) in Block Numbered One (1) of
Timberlane Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 7 at Page 15, land records of
Cape Girardeau County, Missouri, described as follows:
Begin at the Northeast corner of Lot 6; thence South 8° 12' West,
with the East line of Lot 6, 141.5 feet to the Southeast corner of
Lot 6; thence Westerly with the South line of Lot 6, 100 feet to the
Southwest corner of Lot 6; thence North 8° 12' East, 160 feet, more
or less, to the North line of Lot 6; thence South 70° 40' East, with
the North line of Lot 6, 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.
�
; I'
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
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 Interim City Manager of the City of
Cape Girardeau, Missouri, affixes his signature this day
of , 19
Douglas K. Leslie
Interim 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 Douglas K. Leslie, to me personally known, who, being by
me duly sworn, did say that he is the Interim 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