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HomeMy WebLinkAboutOrd.498.09-21-1987 �ILL N0. 87-139 ORDINANCE N0. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST FEDERAL OF SOUTHEAST MISSOURI AND SEMO RENTALS, INC. , FOR PURPOSES OF MAINTAINING AND OPERATING AN EXISTING BUILDING AS APARTMENTS AND OFFICE AT 237 NORTH FOUNTAIN STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, First Federal of Southeast Missouri is the owner of certain property in the City of Cape Girardeau , on which SEMO Rentals , Inc . desires to maintain and operate an existing building as an R-4 use , 4-family apartments and small office on first floor; and ��HEREAS , the proposed location of said building is 237 North Fountain Street, which property is presently zoned C-1 , Local Commercial District ; and 47HEREAS , a Special Use Permit is required for said R-4 use in a C-1 zone; N04�, THERFEORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLL041S: SECTIOPI 1 . The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazardsp 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 pl an . SECTION 2 . A Special Use Permit for purposes of constructing, maintaining and operating an existing building as a R-4 use , 4-family apartments and office on first floor , on the following described property: Part of Lot Sixteen (16 ) in Range "E" in the City of Cape Girardeau , Missouri , described as follows : Commencing at: a point on the West line of Fountain Street One H�cndred and Ten (110) feet South from the Northeast corner of Lot Sixteen (16 ) in Range "E" of said City, ard run tidest, parallel with Bellevue Street One Hundred and Eighty ( 180) feet to an alley ; thence South along said alley forty ( 40) feet ; thence East , parallel with Bellevue Street, One Hundred and Eighty ( 180) feet to Fountain Street, and thence North along the West line of Fountain street forty ( 40) feet to the place of beginning . is hereby granked to First Federal of Southeast Missouri and SEMO Rentals, 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 tt�e 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 . SECTIOPI 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS C��— DAY OF , 1987 . �� � � " � l� . � , ,� '.� Francis E. Rho es , Mayor ATTES'I': L!���� - �<���PLi'1 Alvin M.� Stoverink , City Clerk �� ���� -;,,F �;�� SPECIAL USE PERMIT First Federal of Southeast Missouri and SEMO Rentals , Inc. are hereby granted a Special Use Permit for purposes of maintaining and operating an existing building as an R-4 use , 4-family apartments and an office on the first floor , on the following described property for an indefinite period of time: Part of Lot Sixteen ( 16 ) in Range "E" in the City of Cape Girardeau , Missouri , described as follows : Commencing at a point on the West line of Fountain Street One Hundred and Ten (110) feet South from the Northeast corner of Lot Sixteen (16 ) in Range "E" of said City, and run West, parallel with Bellevue Street One Hundred and Eighty ( 180) feet to an alley ; thence South along said alley forty ( 40) feet ; thence East , parallel with Bellevue Street, One Hundred and Eighty ( 180) feet to Fountain Street, and thence North along the ���est line of Fountain street forty ( 40) feet to the place 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 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 : l . 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 Cit� of Cape Girardeau , Mis:;ouri , affixes his signature this ,��/d day of �C f�, �;r , 1987 . �' , � Gary A. E de , City Manager ATTEST : ,. �_ , �� � � .. , r�to Alvin M. Stoverink ,�Ci�t.y Clerk _.::� . ����.. ���.. `��rll STATE OF MISSOURI ) ) ss COIINTY OF CAPE GIRARDEAU ) On this ,�4�a day of �� � �,� , 198 7 , 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 tne 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 �vritten . �, , �j�i�L172�/ - G�✓Qv`-� ��1 .,,- Delores G. Needham, Notary Public �.;My �C.ommissio-n , Expires: `:,pG�ober. 8;� .19.88 ��� .�J r ����� � STATE OF MISSOURI SS In the Recorder's Office � \ �� � County of Cape Girardeau, � � l� � : �� `� � I, JANET ROBERT, Recorder of Sa.id County, do hereby certify that the within instrument of . � � � 52 A � writing was, at 8 o'clock and mmutes 111., on the � � 7th October 87 �' day of , A. D., 19 duly filed for record in � c, �� my office, and is recorded in the records of this of�ce, in book 471 at page 826 . � � IN WITNESS WHEREOF, I have hereunto set my hand and affixed my icial seal at Jackson, Mo., the date first above written. , . BY , Deputy Recorder JANcT ROBERT