HomeMy WebLinkAboutOrd.435.03-16-1987 f � r
BILL N0. 87-29 ORDINANCE N0.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO ST. ANDREW LUTHERAN CHURCH, INC. , FOR
PURPOSES OF CONSTRUCTING, MAINTAINI�G AND
OPERATING A RECREATION, FELLOWSHIP, AND
EDUCATION BUILDING AT 804 NORTH CAPE ROCK
DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, St . Andrew Lutheran Church, Inc. is the owner of
certain property in the City of Cape Girardeau, on which it
desires to construct , maintain and operate a recreation,
fellowship and education building; and
WHEREAS, the proposed location of said building is 804 North
Cape Rock Drive, which property is presently zoned R-1,
Single-Family Dwelling District ; and
WHEREAS , a Special Use Permit is required for said building
use in a R-1 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOIIRI, 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 constructing,
maintaining and operating a recreation, fellowship and education
building, on the following described property:
A tract of land in what is commonly known as the
southeast quarter (SE 1/4) of Out Lot 80, U.S. P.
Survey 2199, Township 31 North, Range 13 East, in the
City of Cape Girardeau, Missouri , described as follows :
Begin at a stone at the northwest corner of what is
known as the Southeast Quarter of Out Lot 80 and run
South 82° 22 ' East 30 feet for a beginning corner ;
thence South 8° West 79 ' to the intersection of the
East line of U. S. Route 61 ; thence with said East
right-of-way line South 28° 55' East 128 . 6 feet ;
thence South 17° 16 ' East 184. 7 feet ; thence South 38°
06 ' East 25 feet to a point on the Northeast
right-of-way line of the Old Cape Girardeau-Jackson
Gravel Road, it being the Southwest corner of a tract
of land conveyed to Francis X. Roth and Mary F. Roth ,
husband and wife by Warranty Deed recorded in Book
110, at Page 612, thence North 33° 12' East along the
West line of said Roth tract 127 . 5 feet ; thence South
82° East 160 feet to the Northeast corner of a tract
of land conveyed to Byron F. dormeyer and Marie F.
Dormeyer by Warranty Deed recorded in Book 104 at Page
323; thence South 8° West along the East line of said
Dormeyer tract 315 feet for a point on the North
right-of-way line of the old Cape Girardeau-Jackson
Gravel Road ; thence South 41° 33' East 52. 5 feet to
the Southwest corner of a tract of land conveyed to
George B. Gerhardt by warranty deed recorded in Book
99 at Page 207 ; thence North 8° East 200 feet to the
rdorthwest corner of said Gerhardt tract ; thence south
82° East 168 feet for a corner in the center of
Walker ' s Creek ; thence with said creek North 15° 0 '
East 65 feet ; thence North 1° 31 ' West 66 feet ; thence
North 21° 25' East 133. 6 feet ; thence North 24° 02 '
East 74. 2 feet ; thence North 3° 02' East 72. 9 feet ;
thence leaving Walker ' s Creek run North 82° 22' West
638 . 7 feet to the point of beginning.
is hereby granted to St . Andrew Lutheran Church, Inc. , 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 he in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS � DAY OF , 1987 .
- �, ` _
Francis E. Rhodes , Mayor
ATTEST :
i`, C�/� ��� � �
r������c-� � ,
Alvin M. Stoverink , City Clerk
SPECIAL USE PERMIT
St . Andrew Lutheran Church , Inc. , is hereby granted a Special
Use Permit for purposes of constructing, maintaining and operating
a recreation, fellowship andeducation building on the following
described property for an indefinite period of time:
A tract of land in what is commonly known as the
southeast quarter (SE 1/4) of Out Lot 80, U. S. P.
Survey 2199, Township 31 North, Range 13 East, in the
City of Cape Girardeau , Missouri , described as follows :
Begin at a stone at the northwest corner of what is
known as the Southeast Quarter of Out Lot 80 and run
South 82° 22' East 30 feet for a beginning corner ;
thence South 8° West 79 ' to the intersection of the
East line of U. S. Route 61 ; thence with said East
right-of-way line South 28° 55' East 128 . 6 feet ;
thence South 17° 16 ' East 184 . 7 feet ; thence South 38°
06 ' East 25 feet to a point on the Northeast
right-of-way line of the Old Cape Girardeau-Jackson
Gravel Road, it being the Southwest corner of a tract
of land conveyed to Francis X. Roth and Mary F. Roth,
husband and wife by Warranty Deed recorded in Book
110, at Page 612, thence North 33° 12' East along the
West line of said Roth tract 127 . 5 feet ; thence South
82° East 160 feet to the Northeast corner of a tract
of land conveyed to Byron F. dormeyer and Marie F.
Dormeyer by Warranty Deed recorded in Book 104 at Page
323; thence South 8° West along the East line of said
Dormeyer tract 315 feet for a point on the North
right-of-way line of the old Cape Girardeau-Jackson
Gravel Road ; thence South 41° 33' East 52. 5 feet to
the Southwest corner of a tract of land conveyed to
George B. Gerhardt by warranty deed recorded in Book
99 at Page 207; thence North 8° East 200 feet to the
Northwest corner of said Gerhardt tract ; thence south
82° East 168 feet for a corner in the center of
Walker ' s Creek ; thence with said creek North 15° 0 '
East 65 feet ; thence North 1° 31 ' West 66 feet ; thence
North 21° 25' East 133. 6 feet ; thence North 24° 02'
East 74. 2 feet ; thence North 3° 02' East 72. 9 feet ;
thence leaving Walker ' s Creek run North 82° 22' West
638 . 7 feet to the point of beginning.
This Special Use Permit is gr.anted 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 .
2 ,
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 s�al 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