HomeMy WebLinkAboutOrd.700.05-15-1989 /�� /� �
BILL N0. 89-68 � ORDINANCE N0. �- (.`�
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
PHILIP HODGES AND KATHY McCLELLAN, FOR PURPOSES
OF MAINTAINING AND OPERATING A BEAUTY SHOP AT
1320 WEST CAPE ROCK DRIVE, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MIS�OURI
WHEREAS, Philip Hodges is the owner of certain property in the
City of Cape Girardeau , on which he and Kathy McClellan desire to
maintain and operate a beauty shop; and
WHEREAS, the proposed location of said beauty shop is 1320
West Cape Rock Drive , which property is presently zoned R-4 ,
Multiple Dwelling District ; and
WHEREAS, a Special Use Permit is required for said beauty shop
use in a R-4 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 maintaining
and operating a beauty shop, on the following described property:
Part of the Southeast Quarter of the Southwest Quarter of
Section 19 , Township 31 North, Range 14 East , County of
Cape Girardeau, Missouri , described as follows:
Start at a stone at the northeast corner of the Southeast
Quarter of the Southwest Quarter of said Section 19 ;
thence North 89° 47 ' West , along the North line of said
Southeast Quarter , 326 . 0 feet to the West line of Cape
Rock Drive ; thence South 1° 10 ' West along the West line
of Cape Rock Drive , 686 . 5 feet for the point of
beginning; thence North 89° 47 ' West , parallel to the
North line of said Southeast Quarter , 165 . 0 feet for a
corner ; thence South 1° 10 ' West , parallel to the West
line of Cape Rock Drive , and same extended South , 140 . 0
feet for a corner ; thence South 89° 45 ' East , parallel to
the North line of said Southeast Quarter , 167 . 3 feet to a
point on the West line of Cape Rock Drive , said point
being on a 9 ° 35 ' curve to the right ; thence with said 9 °
� � t �
35 ' curve , and the West line of Cape Rock Drive , in a
Northerly direction , 48 . 8 feet to the point of tangent of
said curve; thence continue along said West line of Cape
Rock Drive , North 1° 10 ' East , 91 . 4 feet to the point of
beginning.
is hereby granted to Philip Hodges and Kathy McClellan, 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 St%�� DAY OF l�'' , 1989 .
C�
Francis . R o es , Mayor
ATTEST:
�
E elyn G LeGrand, City Clerk
SPECIAL USE PERMIT
Philip Hodges and Kathy McClellan are hereby granted a Special
Use Permit for purposes of maintaining and operating a beauty
shop, on the following described property for an indefinite period
of time :
Part of the Southeast Quarter of the Southwest Quarter of
Section 19 , Township 31 North, Range 14 East , County of
Cape Girardeau , Missouri , described as follows:
Start at a stone at the northeast corner of the Southeast
Quarter of the Southwest Quarter of said Section 19 ;
thence North 89° 47 ' West , along the North line of said
Southeast Quarter , 326 . 0 feet to the West line of Cape
Rock Drive; thence South 1° 10 ' West along the West line
of Cape Rock Drive , 686 .5 feet for the point of
beginning ; thence North 89° 47 ' West , parallel to the
North line of said Southeast Quarter , 165 . 0 feet for a
corner ; thence South 1° 10 ' West , parallel to the West
line of Cape Rock Drive , and same extended South , 140. 0
feet for a corner ; thence Sou'th 89° 45 ' East , parallel to
the North line of said Southeast Quarter , 167 . 3 feet to a
point on the West line of Cape Rock Drive , said point
being on a 9° 35 ' curve to the right ; thence with said 9 °
35 ' curve , and the West line of Cape Rock Drive , in a
Northerly direction, 48 . 8 feet to the point of tangent of
said curve ; thence continue along said West line of Cape
Rock Drive , North 1° 10 ' East , 91 . 4 feet to the point of
beginning ,
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.
3. Parking spaces for the beauty shop shall be marked or
otherwise suitably delineated on the parking lot on the
north side of the building.
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 affixe d
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