HomeMy WebLinkAboutOrd.1659.12-19-1994 BILL NO. 94-307 ORDINANCE NO. !(���-)�1
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
MAE JOSEPHINE ROTH, FOR PURPOSES OF
MAINTAINING AND OPERATING A BED AND BREAKFAST
INN AT 735 PERRY AVENUE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, MAE Josephine Roth is the owner of certain property
in the City of Cape Girardeau, on which she desires to maintain and
operate a bed and breakfast inn; and
WHEREAS, the proposed location of said Inn is 735 Perry
Avenue, which property is presently zoned R-3 , Two-Family Dwelling
District; and
WHEREAS, a Special Use Permit is required for said use in a
R-3 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 bed and breakfast inn, on the following described
property:
A lot in the Southeast corner of Block 2 of the Hauptmann
Subdivision of Lots 13 , 14 and 15 of Walker's Subdivision
of Out Lot No. 60 in the City of Cape Girardeau,
Missouri, described by metes and bounds as follows:
Begin at the Southeast corner of said Block 2 ; thence in
a Westerly direction with the North line of Cecilia
Street, 130 feet; thence in a Northerly direction
parallel to Perry Avenue, 57 . 5 feet; thence in an
Easterly direction parallel to Cecilia Street, 130 feet
to the West line of Perry Avenue; thence in a Southerly
direction with said West line, 57 .5 feet to the beginning
corner.
is hereby granted to Mae Josephine Roth, 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 ,��f1��J�ze�c��.- , 19�.
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A. M. Spradling, III, or
ATTEST:
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Gayle L. Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Mae Josephine Roth, 735 Perry Avenue, Cape Girardeau, Missouri
63701, is hereby granted a Special Use Permit for purposes of
maintaining and operating a bed and breakfast inn, on the following
described property for an indefinite period of time:
A lot in the Southeast corner of Block 2 of the Hauptmann
Subdivision of Lots 13, 14 and 15 of Walker's Subdivision
of Out Lot No. 60 in the City of Cape Girardeau,
Missouri, described by metes and bounds as follows:
Begin at the Southeast corner of said Block 2; thence in
a Westerly direction with the North line of Cecilia
Street, 130 feet; thence in a Northerly direction
parallel to Perry Avenue, 57.5 feet; thence in an
Easterly direction parallel to Cecilia Street, 130 feet
to the West line of Perry Avenue; thence in a Southerly
direction with said West line, 57. 5 feet to the beginning
corner.
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.
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.
5. Sign will be limited to a maximum size of two (2) feet by
three (3) feet.
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