HomeMy WebLinkAboutOrd.426.02-16-1987 BILL rIO. 87-18 ORDINANCE N0. ��
AP� ORDINANCE GRANTING A SPECIAL USE PERMIT TO
HARVEY W. AND HARIETTE R. McHARRY, FOR PURPOSES
OF • MAINTAINING AND OPERATING A RESIDENCE AND
BUSINESS AT 118 THEMIS STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Harvey W. and Hariette R. McHarry are the owners of
certain property in the City of Cape Girardeau , on which they
desire to maintain and operate a residence and business ; and
4�HEREAS , the proposed location of said residence and business
is 118 Themis Street , which property is presently zoned C-3 ,
Central Business District ; and
WHEREAS , a Special Use Permit is required for said residence
and bizsiness use in a C-3 zone;
�7047, 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
neighhorhood 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 residence and business , on the following described
property :
Part of Lot Three ( 3) in Range "D" in the City of Cape
Girardeau, Missouri , described as follows :
Begin at the southwest corner of Lot 3 in Range "D° and
run North along the East line of Spanish Street , 87 feet ;
thence East , parallel to Themis Street , 102 feet to an
alley ; thence South with West line of said alley 12 feet ;
thence West , parallel to Themis Street , 23 feet ; thence
South parallel to Spanish Street , 75 feet to the north
line of Themis Street ; thence West, along North line of
Themis Street , 79 feet to the point of beginning. Except
that part conveyed to r9yron H . Anderson and Jacqueline F.
Anderson , his wife , by Warranty Deed recorded in Book 338
at Page 538 .
is hereby granted to Harvey W. and Hariette R. McHarry, 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 �� DAY OF � , 1987 .
�•
:_ � ��,_ ��
Francis E. Rhodes , Mayor
ATTEST:
A vin M. Stoverink , City Clerk
SPECIAL USE PERMIT
Harvey j4. and Hariette R. McHarry are hereby granted a Special
Use Permit for purposes of maintaining and operating a residence
and business , on the following described property for an
indefinite period of time :
Part of; Lot Three ( 3) in Range "D" in the City of Cape
Girardeau , Missouri , described as follows :
Begin at the southwest corner of Lot 3 in Range "D"
and run North along the East line of Spanish Street ,
87 feet ; thence East, parallel to Themis Street , 102
feet to an alley ; thence South with West line of said
alley 12 feet ; tt�ence 4�est, parallel to Themis Street ,
23 feet ; thence South parallel to Spanish Street , 75
feet to the north line of Themis Street ; thence West,
along North line of Themis Street , 79 feet to the
point of beginning. Except that part conveyed to
Myron H. Anderson and Jacqueline F. Anderson , his
wife , by Warranty Deed recorded in Book 338 at Page
538 .
This Special Use Permit is granted upon the condition that the
Applicant 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 :
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 �dITNESS 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