HomeMy WebLinkAboutOrd.849.04-16-1990 /
BILL N0. 90-68 ORDINANCE N0. �( 7
AN ORDINAP�CE GRANTING AN EXTENSION OF SPECIAL USE
PERMIT DATED OCTOBER 27 , 1989, TO CHARLES F.
BLATTNER, ET AL. AND CAPE CENTER ASSOCIATES,
L. P. , FOR PURPOSES OF MAINTAINING AND OPERATING A
TEMPORARY TRAILER ON SOUTH BROADVIEW, SOUTH OF
WILLIAM, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Charles F. Blattner , Joyce E. Blattner , Charlotte
Blattner Sherfield, Lester I . Sherfield, Jean Blattner Henry,
Harry Henry, Donald K. Blattner , Constance R. Blattner , Paul E.
Blattner , Marion E . Blattner , Robert C. Blattner , Erlene M.
Blattner , Barbara Blattner Schaffner , David E. Schaffner , Louis C.
Blattner , Jr . , Mary Lou Blattner , Eleanor B. Richmond and Eleanor
B. Richmond Voluntary Trust Agreement , by Irvin J. Richmond ,
Co-Trustee are the owners of certain property in the City of Cape
Girardeau, on which they and Cape Center Associates, L. P. were
granted a Special Use Permit on October 27 , 1989, by Ordinance No .
768 and recorded in Book 508 at Page 27 of the land records of
Cape Girardeau County, Missouri , to maintain and operate a
temporary trailer on South Broadview, South of William Street ; and
WHEREAS , the location of said trailer is South Broadview,
South of William Street, which property is presently zoned C-2 ,
General Commercial District ; and
WHEREAS, a Special Use Permit is required for said trailer use
in a C-2 zone ; and
WHEREAS , the Applicants desire a ninety ( 90) day Extension of
time for said trailer use ;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS :
ARTICLE l . The City Council having duly considered the
application finds that the grantinq of the Extension of the
Special Use Permit Dated October 28, 1989 will not substantially
increase traffic hazards , congestion , fire hazards or adversely
affect the qeneral 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 . An Extension of the Special Use Permit Dated
October 28, 1989 for purposes of maintaining and operating a
temporary trailer on South Broadview, South of William Street , on
the following described property :
A part of Lot No . 1 of the Rodney 400 Arpen Tract located
in United States Private Survey No . 2199 , Township 30
North, Range 13 East , of the Fifth Principal Meridian,
being more particularly described as follows :
Beqinninq at the intersection of the West line of Lot No . 1
of the Rodney 400 Arpen Tract and the South right of way of
Missouri State Route K at centerline Station 326+23. 34 ;
thence along the South right of way line the following
courses and distances :
North 85° O1 ' 48" East , 279 . 30 feet ;
thence North 83 ° 00 ' 14" East , 405 . 93 feet ;
thence South 84° 50' 24" East, 206. 02 feet ;
thence South 71° 42 ' 29" East , 150 . 95 feet ;
thence North 72° 48 ' 54" East, 168 . 56 feet ;
thence South 86° 21 ' 56" East , 70 . 00 feet to the centerline
of Cape LaCroix Creek ; thence along the centerline the
following courses and distances ;
South 03 ° 38 ' 04" West , 441 . 30 feet to the beginning of a
curve concave to the Northeast having a radius of 358 . 10
feet and a central angle of 90° 00' 00" ; thence alonq said
curve in a Southeasterly direction 562 . 50 feet ; thence
South 88° 45' 26" East , 81 . 72 feet ; thence leavinq the
centerline of Cape LaCroix Creek South 26° 46' 13" East ,
235 . 50 feet to the �dest right of way line of Missouri State
Route 61 ; thence along said right of way line the following
courses and distances :
South 37° 47' 47" West, 32. 23 feet ;
thence South 10 ° 38 ' 47" 6aest , 32 . 23 feet to the North line
of Westborough Subdivision as recorded in Plat Book No . 14,
Page No . 82 in the Land Records of the County Recorders
Office ; thence along the North and West line of Westborouqh
Subdivision the following courses and distances:
North 79° 21 ' 13" West , 200 . 00 feet ;
thence South 10 ° 38 ' 47" West , 547 . 12 feet to the beqinning
of a nontanqent curve concave to the Southeast having a
radius of 425 . 00 feet and a central angle of 61° 12 ' 25" ,
to which point a radial line bears North 18° 08 ' 48" West ;
thence along said curve in a Southwesterly direction 454. 01
feet ; thence South 10 ° 38 ' 47" West , 337. 16 feet ; thence
South 46° 17 ' 47" West , 29 . 65 feet ; thence North 43° 27 '
05" West , 39 . 40 feet to the beginning of a curve concave to
the Northeast havinq a radius of 167 . 49 feet and a central
angle of 10° 09 ' 03" ; thence in a Northwesterly direction
along said curve 29 . 68 feet to the beginning of a compound
curve concave to the Northeast having a radius of 1030. 00
feet and a central angle of 11° 14 ' 18" ; thence in a
Northwesterly direction along said curve 202 . 03 feet ;
thence South 51° 09 ' 03" West , 637 . 26 feet to the West line
of Lot No . 1 of the Rodney 400 Arpen tract ; thence along
said West line the following courses and distances;
North 29° 08 ' 06" West , 524. 21 feet ; thence North OS° 05'
57 : West , 1933 . 38 feet to the point of beginninq containing
63 . 33 acres more or less and subject to all easements of
record .
is hereby granted to Charles F. Blattner , Joyce E. Blattner ,
Charlotte Blattner Sherfield, Lester I. Sherfield, Jean Blattner
Henry, Harry Henry, Donald K. Blattner , Constance R. Blattner ,
Paul E. Blattner, Marion E. Blattner , Robert C. Blattner , Erlene
A4 . Blattner , Barbara Blattner Schaffner , David E. Schaffner , Louis
C. Blattner , Jr . , Mary Lou Blattner , Eleanor B. Richmond and
Eleanor B. Richmond Voluntary Trust Aqreement , by Irvin J.
Richmond, Co-Trustee , and Cape Center Associates, L. P . , to be
effective ten ( 10) days after the date of passaqe 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 "Extension of Special Use Permit Dated October 27,
1989" 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 ��2� DAY OF , 19 9� .
Francis : Rhodes , Mayor
ATTEST:
Julie . Dale
Depu City Clerk
EXTENSION OF
SPECIAL USE PERMIT
DATED OCTOBER 27, 1989
Charles F. Blattner , Joyce E. Blattner , Charlotte Blattner
Sherfield, Lester I . Sherfield, Jean Blattner Henry, Harry Henry,
Donald K. Blattner , Constance R. Blattner , Paul E. Blattner ,
Marion E. Blattner , Robert C. Blattner , Erlene M . Blattner ,
Barbara Blattner Schaffner , David E. Schaffner , Louis C. Blattner ,
Jr . , Mary Lou Blattner , Eleanor B. Richmond and Eleanor B .
Richmond Voluntary Trust Agreement, by Irvin J. Richmond,
Co-Trustee, 601 Hiqhland Drive , Cape Girardeau, MO 63701 and Cape
Center Associates , L. P. , 14522 South Outer Forty Road, Suite 310,
Chesterfield, MO 63017 , are hereby granted an " Extension of
Special Use Permit Dated October 27, 1989" for purposes of
maintaininq and operating a temporary trailer on South Broadview,
South of William Street , on the following described property for
an additional ninety ( 90) days:
A part of Lot No . 1 of the Rodney 400 Arpen Tract located
in United States Private Survey No . 2199, Township 30
North , Range 13 East, of the Fifth Principal Meridian ,
being more particularly described as follows:
Beginninq at the intersection of the West line of Lot No . 1
of the Rodney 400 Arpen Tract and the South right of way of
Missouri State Route K at centerline Station 326+23 . 34 ;
thence along the South right of way line the following
courses and distances :
North 85° O1 ' 48" East , 279 . 30 feet ;
thence North 83° 00 ' 14" East, 405 . 93 feet ;
thence South 84° 50' 24" East, 206 . 02 feet ;
thence South 71° 42 ' . 29" East, 150 . 95 feet ;
thence North 72° 48 ' S4" East , 168 . 56 feet ;
thence South 86° 21 ' 56" East , 70 . 00 feet to the centerline
of Cape LaCroix Creek ; thence along the centerline the
followina courses and distances ;
South 03 ° 38 ' 04" West , 441 . 30 feet to the beginning of a
curve concave to the Northeast having a radius of 358 . 10
feet and a central angle of 90° 00' 00" ; thence along said
curve in a Southeasterly direction 562 . 50 feet ; thence
South 88 ° 45' 26" East , 81 . 72 feet ; thence leaving the
centerline of Cape LaCroix Creek South 26° 46' 13" East ,
235 . 50 feet to the [-dest right of way line of Missouri State
Route 61 ; thence along said right of way line the following
courses and distances :
South 37° 47 ' 47" 4Jest, 32. 23 feet ;
thence South 10° 38 ' 47" West , 32. 23 feet to the North line
of Westborough Subdivision as recorded in Plat Book No . 14 ,
Page No . 82 in the Land Records of the County Recorders
Office ; thence alonq the North and West line of Westborough
Subdivision the following courses and distances :
North 79 ° 21 ' 13" West , 200 . 00 feet ;
thence South 10° 38 ' 47" West , 547 . 12 feet to the beginning
of a nontangent curve concave to the Southeast having a
radius of 425 . 00 feet and a central angle of 61° 12' 25" ,
to which point a radial line bears North 18 ° 08' 48" West ;
thence along said curve in a Southwesterly direction 454. 01
feet ; thence South 10 ° 38 ' 47" West , 337 . 16 feet ; thence
South 46° 17 ' 47" West , 29 . 65 feet ; thence North 43° 27 '
05" West , 39 . 40 feet to the beginning of a curve concave to
the Northeast having a radius of 167 . 49 feet and a central
angle of. 10° 09 ' 03" ; thence in a Northwesterly direction
along said curve 29 . 68 feet to the beginning of a compound
curve concave to the Northeast havinq a radius of 1030. 00
feet and a central angle of 11° 14' 18" ; thence in a
Northwesterly direction along said curve 202. 03 feet ;
thence South 51° 09 ' 03" West , 637 . 26 feet to the West line
of Lot No . 1 of the Rodney 400 Arpen tract ; thence along
said West line the followinq courses and distances ;
North 29° 08' 06" West , 524 . 21 feet ; thence North 05° 05'
57 : West , 1933. 38 feet to the point of beginning containing
63 . 33 acres more or less and subject to all easements of
record .
This "Extension of Special Use Permit Dated October 27, 1989"
is granted upon the condition that the Applicants be bound by all
City Ordinances which pertain to the Special Use Permit Dated
Octuber 27 , 1989 and that the Applicants be bound by the followinq
conditions which are imposed as a condition of issuance of this
Extension of Special Use Permit . Upon the failure of the
Applicants to comply with these special conditions, the Special
Use Permit dated October 27 , 1989 will automatically terminate
with the right of the City of Cape Girardeau 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 zoning regulations .
3. Location of the temporary trailer to be as shown on
drawings submitted to the City by the Applicants .
4. This " Extension of Special Use Permit Dated October 27,
1989" grants an extension of ninety ( 90 ) days time from
the original special use permit issued October 27 , 1989 ,
by Ordinance No . 768, and recorded in Book 508 at Paqe 27
of the land records of Cape Girardeau, Missouri .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau , Missouri , affixes his signature this day
of , 19
J. Ronald Fischer , City Manaqer
ATTEST:
Julie A. Dale
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 , 1992