HomeMy WebLinkAboutOrd.692.04-17-1989 BILL N0. 89-52 ORDINANCE N0. _ �,'^-_`__
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO HOCHE-BARKLAGE COMPANY AND KEVIN
STANFIELD, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING MOTOR FUEL TANKS ,
PUMPS AND A CANOPY AT 353 SOUTH
KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Hoche-Barklage Company is the owner of certain
property in the City of Cape Girardeau , on which Kevin Stanfield
desires to construct , maintain and operate motor fuel tanks , pumps
and a canopy; and
WHEREAS , the proposed location of said tanks, pumps and canopy
is 353 South Kingshighway, which property is presently zoned C-2 ,
General Commercial District ; and
WHEREAS , a Special Use Permit is required for said use in a
C-2 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS:
SECTION 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 .
SECTION 2 . A Special Use Permit for purposes of constructing,
maintaining and operating motor fuel tanks , pumps and a canopy, on
the following described property:
Lot 1 of a Resubdivision of Lot No. 4 of a Resubdivision
of Lot No. 3 , Westborough Subdivision, and with said plat
having been filed for record on March 8 , 1988 in Plat
Book 15 at Page 57 of the office of Recorder of Deeds of
Cape County at Jackson , Missouri .
is hereby granted to Hoche-Barklage Company and Kevin Stanfield,
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 .
SECTION 3 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS ! - 'J�i'� DAY OF t,."�_���� k , 1989 .
-=--�= ,
, �
C.% -
Francis E. Rhodes, P�ayor
ATTE .
E elyn G. eGrand, ity C er
SPECIAL USE PERMIT
Hoche-Barklage Company and Kevin Stanfield are hereby granted
a Special Use Permit for purposes of constructing, maintaining and
operating motor fuel tanks , pumps and a canopy, on the following
described property for an indefinite period of time :
Lot 1 of a Resubdivision of Lot No. 4 of a Resubdivision
of Lot No. 3 , Westborough Subdivision, and with said plat
having been filed for record on March 8 , 1988 in Plat
Book 15 at Page 57 of the office of Recorder of Deeds of
Cape County at Jackson, 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 the Applicants be bound by the
following 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 right of the City of Cape
Girardeau 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 zoning regulations .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri , affixes his signature this day
of , 1989 .
J. Ronald Fischer , City Manager
ATTEST:
Evelyn G. LeGrand, City Clerk
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , 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