HomeMy WebLinkAboutOrd.503.09-21-1987 BILL N0. 87-144 ORDINANCE N0. ���_
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO HOY7ARD H . DIPPOLD, JR . AND TH ELMA L.
DIPPOLD, FOR PURPOSES OF CONSTRUCTING,
MAIN'PAINING AND OPERATING A GARAGE AT 1731
BEND ROAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, I�IISSOURI
WHEREAS, Howard H. Dippold , Jr . and Thelma L. Dippold are the
owner of certain property in the City of Cape Girardeau , on which
they desire to construct, maintain and operate a garage; and
�dHEREAS , the proposed location of said garage is 1731 Bend
Road, which property is presently zoned R-1 , Single-Family
Dwelling District ; and
j1HEREAS , a Special Use Permit is required for said garage use
in a R-1 zone;
N067, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLL069S:
SECTION l . The City Council having duly considered ttie
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 garage , on the following described
proper ty:
A parcel of real property located , lying, heing and
situated in the Cour�ty of Cape Girardeau , State of
Missouri , more legally and particularly described as
follows :
A parcel of land containing 2 . 11 acres , more or less ,
located in Survey No . 3091 , Township 31 North, Range
14 East , described as follows : Start at the point of
intersection of the South line of Survey No . 3091 with
the ti•7est line of Bend Road ; thence North 7° 32 ' West
along said West line, 345 . 0 feet for the point of
beginning; thence North 84° 0 ' West, 264 , 0 feet for a
point ; tY�ence North 84° 18 ' Fdest , 92 . 2 feet for a
corner ; thence North 0° 46 ' East, 290 . 0 feet for a
corner in the center of Flint Hill Road ; thence South
80 ° 46 ' East , 305 .1 feet for a corner in the West line �
of Bend Road ; tY�ence South 18° 30 ' East along said
West line, 290 . 0 feet to the point of beginning .
Subject to the South 15 feet of Flint Hill Road .
Subject to First Deed of Trust in favor of First
Federal Savings & Loan Association of Cape Girardeau ,
Missouri
Excepting therefrom a parcel of land previously
conveyed to John F. Ford, Jr , and Darlene Ford, his
wife , by 6larranty Deed dated september 16 , 1972, and
recorded in Book 302 at Page 635 , in the Recorder 's
Office of Cape Girardeau County, Missouri , described
as follows: Part of U . S . Private Survey No . 3091 ,
Township 31 North , Range 14 East, City and County of
Cape Girardeau , State of Missouri , described as
follows : Start at the intersection of the south line
of said U . S . Private Survey No . 3091 and the west line
of t�iissouri State Route "V" ; thence N. 82° 0 ' W. , with
said South line, 264 . 0 feet ; thence N. 4 ° 33 ' W. , 30 .7
feet to the southwest corner of a parcel of land as
same is described in a deed recorded in Book 122 at
Page 221 of the land records of Cape Girardeau County,
Missouri ; thence N. 4° 33 ' W. , along the West line of
said parcel of land, 307 .0 feet to the point of
beginning ; thence N . 82° 52 ' W . , 77 .9 feet ; thence N .
0 ° 40 ' E. , 268 .5 feet to the South line of Flint Hill
Road ; thence S . 88° 04 ' E. , with said South line , 77 . 4
feet ; thence S . 0 ° 40 ' W. , 275 .6 feet to the point of
beginning .
is hereby granted to Howard f�. Dippold , Jr , and Thelma L. Dippold
to be effective ten ( 10) days after the date of passage and
approval of this ordinance . Ttie 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 , A9issouri .
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 :
� �-i �
Francis 'E. Rhodes , Mayor
ATTEST :
� �
Alvin M. Stoverink , City Clerk
� �
_ �'�'���_ -�;� �'���
SPECIAL USE PERMIT
Howard H. Dippold , Jr , and Thelma L. Dippold are hereby
granted a Special Use Permit for purposes of constructing,
maintaining and operating a garage, on the following described
property for an indefinite period of time:
A parcel of real property located, lying, being and
situated in the C ounty of Cape Girardeau , State of
Missouri , more legally and particularly described as
follows :
A parcel of land containing 2 , 11 acres , more or less ,
located in Survey No . 3091 , Township 31 North , Range
14 East, described as follows : Start at the point of
intersection of the South line of Survey No . 3091 with
the West line of Bend Road ; thence North 7° 32 ' West
along said West line, 345 . 0 feet for the point of
beginning; thence North 84° 0 ' West, 264 . 0 feet for a
point ; thence North 84° 18 ' West , 92. 2 feet for a
corner ; thence North 0° 46 ' East, 290 . 0 feet for a
corner in the center of Flint Hill Road ; thence South
80° 46 ' East, 305 .1 feet for a corner in the West line
of Bend Road ; thence South 18° 30 ' East along said
West line, 290 . 0 feet to the point of beginning.
Subject to the South 15 feet of Flint Hill Road .
Subject to First Deed of Trust in favor of First
Federal Savings & Loan Association of Cape Girardeau ,
Missouri
Excepting therefrom a parcel of land previously
conveyed to John F. Ford , Jr , and Darlene Ford, his
wife , by Warranty Deed dated september 16 , 1972, and
recorded in Book 302 at Page 635 , in the Recorder 's
Office of Cape Girardeau County, Missouri , described
as follows: Part of U . S . Private Survey No . 3091 ,
Township 31 North , Range 14 East, City and County of
Cape Girardeau , State of Missouri , described as
follows : Start at the intersection of the south line
of said U. S . Private Survey No . 3091 and the west line
of Missouri State Route "V" ; thence N. 82° 0 ' W. , with
said South line, 264. 0 feet ; thence N, 4 ° 33' W. , 30 .7
feet to the southwest corner of a parcel of land as
same is described in a deed recorded in Book 122 at
Page 221 of the land records of Cape Girardeau County,
Missouri ; thence N. 4° 33 ' G�7. , along the West line of
said parcel of land, 307 .0 feet to the point of
beginning ; thence N . 82° 52' W. , 77 .9 feet ; thence N.
0 ° 40 ' E. , 268 .5 feet to the South line of Flint Hill
Road ; thence S . 88° 04 ' E. , with said South line , 77 , 4
feet ; thence S . 0° 40 ' W. , 275 .6 feet to the point of
beginning .
�� L��J� ';'�� �7�c i
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:
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 WITP�ESS WHEREOF, the City Manager of the Cit of Cape
Girardeau , Missouri , affixes his signature this _�� day
of ����e �j� f' , '1987 .
, . ,. . �
. , . r� - , � `
: � - �.
� -• , - Gary A. Ei e, City Manager
ATTEST : : �,�;
, . .,: . . . .
����i "" \
li't-w
Alvin M. Stoverink , .City Clerk _
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU • )
On this , ,�fcx day of �C�-��LI �/� , 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 officia,l seal , at my office in Cape Girardeau, Missouri , the
day a�t'c���.,yea�r''� first above written .
.. ' , � .
�� ��u�'��
Delores G. Needham, Notary Pu ic
My Commission Expires: ,
October' �8, 1988
p ,y v �/�
5i `.}�E •,.'�� ��,_.
=._:-::�.�,. -_.__
STATE OF MISSOURI In the Recorder's Office
County of Cape Girardeau, � SS.
I, JANET ROBERT, Recorder of Said County, do hereby certify that the within instrument of
writing was, at 8 o'clock and 46 minutes A 1�1., on the
7 th day of "" October , A. D., 19 S� duly filed for record in
my office, and is recorded in the records of this office,in book 471 at page 819•
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my icial seal at
Jackson, Mo.,the date first above written.
gy ,Deputy Recorder
JANET ROBERT
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