HomeMy WebLinkAboutOrd.424.02-16-1987 BILL N0. 87-16 ORDINANCE N0. p�
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
WILLIAM G . AND MARY JO MASTERSON AND ROBERT G.
SIM�HER, FOR PURPOSES OF REMODELING, MAINTAINING
AND OPERATING AN APARTMENT BUILDING AT 724
THEP�IS , IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS , William G. and Mary Jo Masterson are the owners of
certain property in the City of Cape Girardeau , on which Robert G.
Simpher desires to remodel , maintain and operate an apartment
building; and
WHEREAS , the proposed location of said apartment building is
724 Themis , which property is presently zoned C-1 , Local
Commercial District ; and
WHEREAS , a Special Use Permit is required for said apartment
building use in a C-1 zone;
TIpW, 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 remodeling ,
maintaining and operating an apartment building, on the following
described property:
Part of Lot No. 26 in Range "D" , in the City of Cape
Girardeau , Missouri , described as follows : Commencing at
a point on the Pdorth line of Themis Street , 40 feet West
from the Southeast corner of said Lot No . 26 in Range
"D" , thence run West along Themis Street 40 feet ; thence
North parallel with Ellis Street 123 1/2 feet to the
Plorth boundary line of said Lot 26 ; thence East with said
lot line 40 feet ; thence South parallel with Ellis Street
12.3 1/2 feet to the point of beginning, and being the
West 40 feet of the East 80 feet of said Lot 26 in Range
"D" .
Part of Lot 26 in Range "D" , in the City of Cape
Girardeau, Missouri , described as follows : Commence at
the southwest corner of said Lot 26 in Range "D" , and run
thence East along the North line of Themis Street 60 feet
to a point for a beginning corner ; thence North parallel
with Ellis Street 123 1/2 feet ; thence East , parallel to
Themis Street , 40 feet ; thence South parallel with Ellis
Street ;123 1/2 feet to the north line of Themis Street ;
thence West along the North line of Themis Street 40 feet �
to the point of beginning.
is hereby granted to William G. and Mary Jo Masterson and Robert
G. Simpher , 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 TEiIS -���-""= DAY OF , 1987 .
�" ... ,:�1
.cG' J
Francis E. Rhodes , Mayor
ATTEST:
_ �
Alvin M. Stoverink , City Clerk
SPECIAL USE PERMIT
William G. and Mary Jo Masterson and Robert G. Simpher are
hereby granted a Special Use Permit for purposes of remodeling,
maintaining and operating an apartment building, on the following
described property for an indefinite period of time :
Part of; Lot No . 26 in Range "D" , in the City of Cape
Girardeau, Missouri , described as follows : Commencing
at a point on the North line of Themis Street , 40 feet
4�est from the Southeast corner of said Lot No. 26 in
Range "D" , thence run West along Themis Street 40
feet ; thence North parallel with Ellis Street 123 1/2
feet to the North boundary line of said Lot 26 ; thence
East with said lot line 40 feet ; thence South parallel
with Ellis Street 123 1/2 feet to the point of
beginning, and being the Flest 40 feet of the East 80
feet of said Lot 26 in Range "D" .
Part of Lot 26 in Range "D" , in the City ot Cape
Girardeau , Missouri , described as follows : Commence
at the southwest corner of said Lot 26 in Range "D" ,
and run thence East along the North line of Themis
Street 60 feet to a point for a beginning corner ;
thence North parallel with El.lis Street 123 1/2 feet ;
thence East, parallel to Themis Street , 40 feet ;
thence South parallel with Ellis Street 123 1/2 feet
to the north line of Themis Street ; thence West along
the North line of Themis Street 40 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 ��hich 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 :
1 . 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 , 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 behaJ.f of said City by authority of its City Council and
acknowledged said instrument to be the f.ree act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal , at my o�fice in Cape Girardeau , Missouri , the
day and year first above written.
Delores G. Needham, Notary Public
My Commission Expires :
October 8, 1988