HomeMy WebLinkAboutOrd.444.04-20-1987 BILL N0. 87-38 ORDINANCE N0.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO FORD & SONS FUNERAL HOME, INC. , FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A MAUSOLEUM IN CAPE COUNTY
MEMORIAL PARK CEMETERY AT 2315 HIGHWAY 61
NORTH, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Ford & Sons Funeral Home, Inc. is the owner of
certain property in the City of Cape Girardeau, on which it
desires to construct, maintain and operate a mausoleum; and
WHEREAS, the proposed location of said mausoleum is Cape
County Memorial Park Cemetery at 2315 Highway 61 North, which
property is presently zoned R-1 , Single-Family Dwelling District;
and
WHEREAS, a Special Use Permit is required for said use in a
R-1 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAII, 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 constructing,
maintaining and operating a mausoleum, on the following described
property:
A tract of land containing 30. 00 acres, situated in
the South Half of Section 22, Township 31 North, Range
13 East, and described as follows: From the Southwest
corner of the Southeast Quarter of the Northwest
Quarter of said Section 22, measure North 115 feet to
the center line of U. S. Highway No. 61, said point
known as station 911+30 of the Survey of said Highway,
the plans of which are on file in the office of the
County Clerk of Cape Girardeau County, Missouri ;
thence with said said center line South 58° 41 ' East,
152. 9 feet to the beginning of a curve; thence on a 2°
curve to the left 433. 4 feet to the end of said curve;
thence South 50° O1 ' East, 198. 3 feet to a point ;
thence South 39° 59 ' West , 75. 0 feet to the South
right-of-way line of said U. S. Highway No. 61 for the
point of beginning ; thence South 50° O1 ' East, 1155. 0
feet along said right-of-way line to a corner ; thence
South 39° 59 ' West, 1131 . 5 feet to a corner ; thence
North 50° O1 ' West, 1155. 0 feet to a corner ; thence
North 39° 59 ' East, 1131 . 5 feet to the beginning
corner .
is hereby granted to Ford & Sons Funeral Home, 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 be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS � DAY OF , 1987.
.
/
Francis . Rhodes, ayor
ATTEST :
�i��(��iJ'l.i���/ � .
Alvin M. Stoverink , City Clerk
SPECIAL USE PERMIT
Ford & Sons Funeral Home, Inc. is hereby granted a Special Use
Permit for purposes of constructing, maintaining and operating a
mausoleum in Cape County Memorial Park Cemetery, on the following
described property for an indefinite period of time:
A tract of land containing 30 . 00 acres, situated in
the South Half of Section 22, Township 31 North, Range
13 East, and described as follows : From the Southwest
corner of the Southeast Quarter of the Northwest
Quarter of said Section 22, measure North 115- feet to
the center line of U. S. Highway No . 61, said point
known as station 911+30 of the Survey of said Highway,
the plans of which are on file in the office of the
County Clerk of Cape Girardeau County, Missouri ;
thence with said said center line South 58° 41 ' East,
152. 9 feet to the beginning of a curve ; thence on a 2°
curve to the left 433. 4 feet to the end of said curve;
thence South 50° O1 ' East, 198. 3 feet to a point ;
thence South 39° 59 ' West, 75 .0 feet to the South
right-of-way line of said U. S. Highway No . 61 for the
point of beginning; thence South 50° O1 ' East, 1155. 0
feet along said right-of-way line to a corner ; thence
South 39° 59 ' West, 1131. 5 feet to a corner ; thence
North 50° O1 ' West, 1155. 0 feet to a corner ; thence
North 39° 59 ' East, 1131 . 5 feet to the beginning
corner .
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 .
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