HomeMy WebLinkAboutOrd.1602.09-19-1994 �
BILL NO. 94-219 ORDINANCE NO. ��,U�
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ST. MARK LUTHERAN CHURCH, FOR PURPOSES OF
MAINTAINING AND OPERATING A CHURCH PRE-SCHOOL
AT 1900 CAPE LA CROIX ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, St. Mark Lutheran Church is the owner of certain
property in the City of Cape Girardeau, on which it desires to
maintain and operate a church pre-school; and
WHEREAS, the proposed location of said pre-school is 1900 Cape
LaCroix Road, which property is presently zoned R-1, Single-Family
Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in a
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 maintaining
and operating a church pre-school, on the following described
property:
A tract of land containing 4 , 017 acres, more or less,
located in the West Half of the Northeast Quarter of
Fractional Section 26, Township 31 North, Range 13 East,
described as follows:
From the Northeast corner of the West Half of the
Northeast Quarter of said Fractional Section 26, run West
along the North line of Section 26, 579 . 0 feet for a
beginning corner; thence West along the North line of
Section 26, 500. 0 feet to an intersection with the East
right-of-way line of Highway Route "W" ; thence along said
East right-of-way line South 20° 56' East 68 . 0 feet;
thence South 21° 08' East, 282 . 0 feet; thence leaving
said right-of-way line and run South 88° 35' East 500. 00
feet; thence North 21° 08' West 282 . 0 feet; thence North
20° 56' West 68 feet to the beginning corner. Except a
driveway easement over the South 30 feet of the North 31
feet of the above described tract.
is hereby granted to St. Mark Lutheran Church, 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 l I,�_ DAY OF l��,�i�( ,,�_, 19 yY .
A. M. Spradling, III, ayor
ATTEST:
,�.. r ;
,
f�,� �1 ,� %
Gayle . Conrad
Deputy City Clerk
SPECIAL USE PERMTr
St. Mark Lutheran Church, 1900 Cape LaCroix Road, Cape
Girardeau, MO 63701, is hereby granted a Special Use Permit for
purposes of maintaining and operating a church pre-school, on the
following described property for an indefinite period of time:
A tract of land containing 4 , 017 acres, more or less,
located in the West Half of the Northeast Quarter of
Fractional Section 26, Township 31 North, Range 13 East,
described as follows:
From the Northeast corner of the West Half of the
Northeast Quarter of said Fractional Section 26, run West
along the North line of Section 26, 579. 0 feet for a
beginning corner; thence West along the North line of
Section 26, 500. 0 feet to an intersection with the East
right-of-way line of Highway Route "W" ; thence along said
East right-of-way line South 20° 56' East 68 . 0 feet;
thence South 21° 08' East, 282 . 0 feet; thence leaving
said right-of-way line and run South 88° 35' East 500. 00
feet; thence North 21° 08' West 282 . 0 feet; thence North
20° 56' West 68 feet to the beginning corner. Except a
driveway easement over the South 30 feet of the North 31
feet of the above described tract.
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:
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 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