HomeMy WebLinkAboutOrd.862.05-21-1990 1
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BILL N0. 90- 108 ORDINANCE N0. __ �p� _
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
JAMES J. AND ELIZABETH A. MESSMER, FOR PURPOSES
OF CONSTRUCTING, MAINTAINING AND OPERATING A TWO
CAR GARAGE AT 1154 SOUTH KINGSHIGH64AY, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS , James J , and Elizabeth A. Messmer , are the owners of
certain propertv in the Citv of Cape Girardeau , on which thev
desire to construct , maintain and operate a two car aaraae ; and
WHEREAS, the proposed location of said two car aara4e is 1154
South Kin4shiqhway, which propertv is presentiv zoned M-2, Heavv
Industrial District ; and
WHEREAS , a Special Use Permit is reauired for said two car
aara4e use in a M-2 zone :
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS :
ARTICLE l . The City Council havinq duly considered the
application finds that the arantinq of the Special Use Permit will
not substantiallv increase traffic hazards , conaestion , fire
hazards or adverselv affect the qeneral character of the
neiqhborhood or the qeneral welfare of the communitv , nor will it
overtax public utilities or be in conflict with the comprehensive
plan .
ARTICLE 2. A Special Use Permit for purposes of constructinq ,
maintaininQ and operatina a two car aaraqe , on the followina
described propertv:
All of tract of land containina . 945 acre more or less
situated in U. S. Survey 2919 , Township 30 North, Ranae 13
East , described as follows :
From a concrete block set at the point of tanqent of a
2 dearee curve left on the east riaht of wav of U. S .
Hiahwav No . 61 ; measure south 12 de4rees 07' West 340 feet
alona said riqht of wav line to the beainnina corner ;
thence south 68 deqrEes 30' East 323. 6 feet to the center
of a drainaae ditch 281 . 8 feet , more or less to the center
line of a road ; thence North 33 deareEs 38' West 142. 3 feet
more or less alona the center cf said road to the east
riqht of wav line of said U. S. Hiahwav No . 61 ; thence North
12 dearees 07' East alon4 said east riaht of way line 133. 2
feet more or less to point of beainnina .
Sub�ect to all riahts of wav and easements , if any
affectinct the same .
is herebv aranted to James J. and Elizabeth A. Messmer , to be
effective ten ( 10 ) davs after the date of passaae and approval of
this ordinance . The special use must complv with all re4ulations
set forth in the Zoninq Code for the district in which the use is
located except those which have been specificallv excepted under
this permit , and all other applicable ordinances of the Citv of
Cape Girardeau and anv special conditions contained in the Special
Use Permit , a copv of which is attached hereto and incorporated
herein by reference . The City Manaqer is herebv aiven the power
to execute the Special Use Permit for and on behalf of the Citv of
Cape Girardeau , Missouri .
ARTICLE 3. This ordinance shall be in full force and effect
ten davs after its passaae and approval .
PASSED AND APPROVED THIS 2, ,,Q� DAY OF , 19�.
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F ancis E. Rhodes , ayor
ATTEST:
Ju i� A. Dale
Derpe(tv Citv Clerk
SPECIAL USE PERMIT
James J, and Elizabeth A. Messmer are herebv aranted a Special
Use Permit for purposes of constructina , maintaininq and operatina
a two car aaraae , on the followina described property for an
indefinite period of time:
All of tract of land containina . 945 acre more or less
situated in U. S. Survev 2919 , Township 30 North, Ranpe 13
East , described as follows :
From a concrete block set at the point of tanaent of a
2 dearee curve left on the east riaht of way of U. S .
Hiahwav No . 61 ; measure south 12 deqrees 07 ' West 340 feet
alona said riaht of way line to the beainnina corner ;
thence south 68 dearees 30 ' East 323. 6 feet to the center
of a draina4e ditch 281 . 8 feet , more or less to the center
line of a road ; thence North 33 dearees 38 ' West 142. 3 feet
more or less alona the center of said road to the east
riaht of way line of said U. S . Hiahwav No . 61 ; thence North
12 deqrees 07' East alonq said east riaht of wav line 133. 2
feet more or less to point of beainnina .
Sub�ect to all riahts of wav and easements , if any
affectina the same .
This Special Use Permit is ctranted upon the condition that the
Applicant be bound bv all Citv Ordinances which pertain to the
Special Use Permit and that the Applicant be bound bv the
followin4 conditions which are imposed as a condition of issuance
of this Special Use Permit . Upon the failure of the Applicant to
complv with these special conditions , the Special Use Permit will
automatically terminate with the riqht of the Citv of Cape
Girardeau to enter upon the land to abate such special use .
SPECIAL CONDITIONS : A variance from set back requirements
must be aranted by the Board of Ad�ustment .
IN WITNESS WHEREOF, the City Manaqer of the Citv of Cape
Girardeau , Missouri , affixes his sianature this W day
of , 19
J. Ronald Fischer , City Manaaer
ATTEST :
Julie A. Dale
Deputv Citv Clerk
STATE OF MISSOURI )
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COUNTY OF CAPE GIRARDEAU )
On this dav of , 19 , before me
aapeared J. Ronald Fischer , to me personallv known , who , beina by
me dulv sworn , did sav that he is the Citv Manaqer of the City of
Cape Girardeau , Missouri , a Municipal Corporation of the State of
Missouri , and that the seal affixed to the forepoina instrument is
the seal of said City and that the said instrument was siqned and
sealed in behalf of said City by authoritv of its Citv Council and
acknowledqed said instrument to be the free act and deed of said
citv .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
mv official seal , at mv office in Cape Girardeau , Missouri , the
dav and year first above written .
Delores G. Needham, Notarv Public
My Commission Expires :
October 8 , 1992