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HomeMy WebLinkAboutOrd.427.02-16-1987 BILL N0. $7-14 ORDINArdCE N0. � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO NELSON FULTZ , FOR PURPOSES OF MAINTAINING AND OPE:2ATING A TOOL SHARPENING AND AUTOMOBILF. ENGINE REPAIR BUSINESS AT 1131 NORTH MAIN STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS , Nelson Fultz is the owner of certain property in the City of Cape Girardeau , on which he desires to maintain and operate a tool sharpening and automobile engine repair business ; and 4�HEREAS , the proposed location of said apartment is 1131 North Main Street, which property is presently zoned R-2, Single-Family Dwelling District ; and WHEREAS , a Special Use Permit is required for said business use in a R-2 zone ; N047, 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 tool sharpening and automobile engine repair business , on the following described property : Al1 of Lot Thirteen ( 13 ) in Block Nine ( 9) of Robertson and Gale ' s Subdivision of Out Lot Sixty-nine ( 69 ) to the City of Cape Girardeau, Missouri . Al1 of Lot Fourteen ( 14 ) in Block Nine ( 9) of Robertson and Gale ' s Addition to the City of Cape Girardeau, Missouri , as shown by plat recorded in Plat Book 2 at Page 20 . is hereby granted to Nelson Fultz , 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 . Rho es, Mayor ATTEST : , � . Alvin h1. Stoverink , City Clerk SPECIAL USE PERMIT Nelson Fultz is hereby granted a Special Use Permit for purposes of maintaining and operating a tool sharpening and automobile engine repair business , on the following described property for an indefinite period of time : All of Lot Thirteen ( 13) in �lock Nine ( 9 ) of Robertson and Gale ' s Subdivision of Out Lot Sixty-nine ( 69 ) to the City of Cape Girardeau , Missouri . Al1 of Lot Fourteen ( 14 ) in Block Nine ( 9 ) of Robertson and Gale ' s Addition to the City of Cape Girardeau , Missouri , as shown by plat recorded in Plat Book 2 at Page 20 . 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 Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the Applicant 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 . I�d WITNESS 6�TI�EREOF, the City t�]anager 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 GIRARDF.AU ) On this day of r 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 Girard�au , Missouri , a Municipal Corporation of the State of Missouri , and that the seal affixed to the foregoing instrument �s 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 Comm.ission Expires : October 8, 1988