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HomeMy WebLinkAboutOrd.1799.10-16-1995 � il,/'. BILL NO. 95-226 ORDINANCE NO. ' �'��i AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DAVID O. PATRICK TRUST, FOR PURPOSES OF ASSEMBLING COMPUTER CABLES AT 1809 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, David O. Patrick Trust is the owner of certain property in the City of Cape Girardeau, on which it desires to assemble computer cables; and WHEREAS, the proposed location of said assembly is 1809 North Kingshighway, 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 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 assembling computer cables, on the following described property: Al1 that part of the Southeast Quarter of the Northwest Quarter of Fractional Section 26, Township 31 North, Range 13 East, described 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, run North 1820. 8 feet to the South right-of-way line of U.S. Highway 61, to the point of beginning; thence South 34° 11' West, 600 feet; thence South 55° 49' East, 218.75 feet; thence North 34° 11' East, 600 feet to the South right-of-way line of U.S. Highway 61; thence North 55° 49' West, 218.75 feet to the place of beginning, containing 3 . 0 acres, more or less. is hereby granted to David O. Patrick Trust, 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 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 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS i'_�.�Pb DAY OF ,'�����',��i`�' �' , 19 ;�-�' A. . Spradling, II , ayor ATTEST: �, f q ,� � � .11,1/'�i i;!); �L��`;4�Q,(�_ Gayle �L. Conrad Deputy City Clerk SPECIAL USE PERMIT David O. Patrick Trust, c/o Phyllis Lorenz, 4311 County Road 436, Jackson, Missouri 63755, is hereby granted a Special Use Permit for purposes of assembling computer cables, on the following described property for an indefinite period of time: All that part of the Southeast Quarter of the Northwest Quarter of Fractional Section 26, Township 31 North, Range 13 East, described 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, run North 1820.8 feet to the South right-of-way line of U.S. Highway 61, to the point of beginning; thence South 34° il' West, 600 feet; thence South 55° 49' East, 218.75 feet; thence North 34° 11' East, 600 feet to the South right-of-way line of U.S. Highway 6Z; thence North 55° 49' West, 218.75 feet to the place of beginning, containing 3 . 0 acres, 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 witti 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. 4. This Special Use Permit is not transferrable without consent of the City Council. 4 IN WITNESS WHEREOF, the Interim City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of October , 1995 Michael G. Miller City Manager ATTEST: Gayle L. Conrad Deputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of October , 1995 , 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 Gira�rdeau, 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