HomeMy WebLinkAboutOrd.422.01-19-1987 BILL N0. 87-9 ORDINANCE N0.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
GLEN AND WAVA KINDER FOR RESIDENTIAL APARTMENTS
IN A MOTEL AT 1918 NORTH KINGSHIGHWAY, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Glen and Wava Kinder are the owners of certain
property in the City of Cape Girardeau , on which they desire to
maintain and operate residential apartments in a motel ; and
WHEREAS , the proposed location of said apartments is 1918
North Kingshighway, which property is presently zoned C-2, General
Commercial District ; and
4dHEREAS, a. Special Use Permit is required for said apartment
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 maintaining
and operating residential apartments in a motel, on the following
described property:
A tract of land in the Northeast Quarter , Northwest
Quarter of Section 26, Township 31 North, Range 13 East in
Cape Girardeau , Missouri containing 3 . 2498 acres (more or
less ) described as follows :
Commence at the Northwest corner of the Northeast Quarter
Northwest Quarter of said Section 26 ; thence S . 89° 45' E.
along the North line of said Section 26, 458. 5 feet for
the Point of Beginning ;
thence continue S . 89° 45' E. along said Section Line,
123. 0 feet ;
thence S . 0° 30 ' W. , parallel with the West Line of said
Northeast Quarter Northwest Quarter of Section 26, 1106. 2
feet to the Northeast right-of-way line of Highway 61;
thence N. 54° 27 ' W. �long said right-of-way line , 211 . 26
feet ;
thence N. 0° 30 ' E. , 200. 0 feet ;
thence S . 89° 30 ' E. , 50 . 0 feet ;
thence N. 0° 30' E. , 784. 35 feet to the Point of Beginning.
is hereby granted to Glen and Wava Kinder , 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� DAY OF , 1987 .
,/��/!�l'�� ,� ������Q.�
Francis E. Rhodes , Mayor
ATTEST :
, .
A1 in M . Stoverink , City Clerk
SPECIAL USE PERMIT
Glen and Wava Kinder are hereby granted a Special Use Permit
for purposes of maintaining and operating residential apartments
in a motel , on the following described property for an indefinite
period of time:
A tract of land in the Northeast Quarter , Northwest
Quarter of Section 26, Township 31 North, Range 13 East in
Cape Girardeau , Missouri containing 3 . 2498 acres (more or
less ) described as follows :
Commence at the Northwest corner of the Northeast Q�arter
Northwest Quarter of said Section 26 ; thence S . 89° 45 ' E.
along the North line of said Section 26 , 458. 5 feet for
the Point of Beginning ;
thence continue S . 89° 45' E, along said Section Line,
123. 0 feet ;
thence S . 0° 30 ' W. , parallel with the West Line of said
Northeast Quarter Northwest Quarter of Section 26, 1106 . 2
feet to the Northeast right-of-way line of Highway 61;
thence N. 54° 27 ' W. along said right-of-way line , 211 . 26
feet ;
thence N. 0° 30 ' E. , 200 . 0 feet ;
thence S . 89° 30 ' E. , 50. 0 feet ;
thence N. 0° 30 ' E. , 784 . 35 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. The fire inspector is to review the plans to determine if
the sixteen ( 16) foot wide drive to the back of the
building is sufficient for passage of a fire truck .
4 . A six ( 6) foot shadow box privacy fence approved by the
City Engineer is to be installed along the East side of the
site extending the entire length of the parking area in
front and back .
5. The revision date is to be shown on the plans .
6 . The indicated fifteen ( 15) foot drive from the highway to
the parking lot is to be paved and made at least twenty
( 20) feet wide .
7 . A curb is to be placed along the drive on the East side of
the property the full extent of the paved surface to
control the run-off of storm water .
8. All of the above-enumerated requirements and all other
applicable City building, plumbing and electrical code
requirements must be met , including application for and
receipt of all necessary permits , before an occupancy
permit for said building will be issued by the City.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau , Missouri , affixes his signature this day
of , 1987 .
Gary A. Eide, City Manager
ATTEST:
Alvin M. Stoverink , City Clerk
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared Gary A. Eide, 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, 1988