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HomeMy WebLinkAboutOrd.917.09-24-1990 BILL N0. 90- 202 ORDINANCE N0. q/ 7 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MRM ' PHOENIX LIMITED AND CHARLES HUNZE, JR. , F'OR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING GREENHOUSES AT 910 SOUTH KINGSHIGHWAY , IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Charles Hunze , Jr , is the owner of certain property in the City of Cape Girardeau , on which MRM PHOENIX LIMITED desires to maintain and operate a greenhouse in an existing structure and to erect a new structure to be also used as a qreenhouse; and WHEREAS , the proposed location of said qreenhouses is 910 South Kinqshiqhway , which property is presently zoned M-1 � Liqht Industr ial Di str ict ; and WHEREAS , a Special Use Permit is required for said greenhouse use in a M-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU� MISSOURI , P.S FOLLOWS: ARTICLE l . 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 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 . A Special Use Permit for purposes of maintaininq and opErating a greenhouse in an existing structure and to erect a new structure to be also used as a grEenhouse , on the followinq described property: Shop buildinq and 2 . 5 acres located at Northwest corner of . Hunze Farm being a part of North 1/2 Section 13 , Part of South 1 /2 Section 12 , Part of West 1/2 of Northwest 1/4 of Section 18 , Part of South 1/2 Section 7 . A 2 . 5 acre portion of a 176 .89 acrE tract described as a part of U.S . P. Survey No . 173 , Section 13 , Township 30 , Range 13 , in the City and County of Cape Girardeau , Missouri . i s her eby gr anted to MRM Phoeni x Limi ted and Char les Hunze , Jr , , 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 passaqe and approval . PASSED AND APPROVED THIS p��„tI� DAY OF , 19 16 Francis E. Rhodes , Mayor ATTEST: � Julie A Dale i Deput ity Clerk � SPECIAL USE PERMIT MRM Phoenix Limited , P. 0. Box 1568 , Cape Girardeau , MO 63702-1568 and Charles Hunze , Jr . , 2403 South Sprigq , Cape Girardeau , MO 63701 , are hereby qranted a Special Use Permit for purposes of maintaining and operatinq a qreenhouse in an existinq structure and to erect a new structure to be also used as a greenhouse , on the following described property for an indefinite period of time: Shop building and 2 . 5 acres located at Northwest corner of Hunze Farm being a part of North 1/2 Section 13 , Part of South 1/2 Section 12 , Part of West 1/2 of Northwest 1/4 of Section 18 , Part of South 1/2 Section 7 . A 2 . 5 acre portion of a 176 .89 acre tract described as a part of U.S . P. Survey No , 173 , Section 13 , Township 30 , Ranqe 13 , in the City and County of Cape Girardeau , Missouri . This Special Use Permit is granted upon the condition that the Applicants be bound by all City Ordinances which pertain to the Special Use Permit and that i the Applicants be bound by the followinq conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the Applicants to comply with these special conditions , the Special Use Permit will automatically terminate with the riqht 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 applicable zoning regulations . 3. This Special Use Permit shall be limited to the applicant for the period of their lease and use . 4 . This Special Use Permit not transferrable without consent of the City Council . 5 . The new construction shall be removed whenever tenant moves its business location . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau , Missouri , affixes his siqnature this day of , 19 J. Ronald Fischer , City Manaqer ATT EST: 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