HomeMy WebLinkAboutOrd.314.04-02-1986 �'�' BILL N0. 86-39 ORDINANCE N0.
AN ORDINANCF. GRANTING A SPECIAL USE PERMIT
TO PAiJL D. SCHNARE AND MARILYN B . SCHNARE
FOR PURPOSES OF CONDUCTING A LAWN APdD GARDEN
SUPPLY BUSINESS, IC1 THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
4�HERFAS, Paul D. Schnare and Marilyn B. Schnare are the
owners of certain property in the City of Cape Girardeau , on
which they desire to maintain and operate a greenhouse and a
lawn and garden supply business ; and
WHERFAS, the proposed location of the business is 1110
P�orth Cape Rock Drive , which property is presently zoned R-1 ,
Single-Family Dwelling District; and
G�HEREAS , a Special Use Permit is required for a greent�ouse
and a lawn and garden supply business use in an R-1 zone;
NOF7, THEREFORE, BF IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI , AS FOLLO��S:
�.., 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. conducting
a greenhouse and lawn and garden supply business, on the
following described property:
All that part of Outlot 75 of U . S. P . Survey
No . 2199 , Township 31 North , Range 13 East ,
more particularly described as follows :
Commencing at the Southwest corner of said
Outlot 75 ; thence South 8_l° 30 ' East along
the South line of said Outlot , a distance of
300 feet ; thence North 8° 30 ' East for a
distance of 450 f_eet for the place of
beginning; thence continue North 8° 30 ' East
for a distance of 289 feet; thence rlorth 81°
30 ' 47est for a distance of 269 feet to the
East line of Cape Rock Road ; thence South 8°
30 ' �aest , and with the East line of said
road for a distance of 229 feet to the
.� Northwest corner of the John M. and Barbara
J . Farquhar property; thence South 81° 30 '
Fast, a distance of 150 feet to the
Northeast corner of the said John M.
Farquhar property; thence South 8° 30 ' 6Jest , �-'
a distance of 60 feet to the Southeast
corner of the said John M. Farquhar
property; thence South 81° 30 ' East 119 feet
more or less to the point of beginning .
is hereby granted to Paul D. Schnare and Marilyn B. Schnare, 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
specif. ically 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 Manaqer is hereby given the power to
execute the Special Use Permit for and on behalf of the City of
Cape Girardeau , Missouri .
SECTIOrd 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSFD AP1D APPROVED THIS s�� DAY OF �
1985 . `
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Howard C. Tooke, Mayor
ATTEST:
�
lvin M. Stoverink , City Clerk
r./
SPECIAL USE PERMIT
h
Paul D. Schnare and Marilyn B. Schnare are hereby granted a
Special Use Permit for purposes of conducting a greenhouse and
lawn and garden supply business , on the following described
property for an indefinite period of time:
All that part of Outlot 75 of U.S .P . Survey
No . 2199 , Township 31 North , Range 13 East ,
more particularly described as follows :
Commencing at the Southwest corner of said
Outlot 75 ; thence South 81° 30 ' East along
the South line of said Outlot , a distance of
300 feet ; thence North 8° 30 ' East for a
distance of 450 feet for the place of
beginning; thence continue North 8° 30 ' East
for a distance of 289 feet ; thence North 81°
30 ' West for a distance of 269 feet to the
East line of Cape Rock Road ; thence South 8°
30 ' West , and with the East line of said
road for a distance of 229 feet to the
Northwest corner of the John M. and Barbara
J. Farquhar property; thence South 81° 30 '
East , a distance of 150 feet to the
Northeast corner of the said John M .
Farquhar property; thence South 8° 30 ' West ,
^ a distance of 60 feet to the Southeast
corner of the said John M. Farquhar
proper. ty; thence South 81° 30 ' East 119 feet
more or less to the point 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 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
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 . For purposes of this Special Use Permit, "lawn and
garden supply business" means a business limited to
the following activities :
A. Growinq flowers , plants, shrubs and trees .
B . Selling flowers , plants , shrubs and trees .
C . Storing and selling products intended for use in
^ caring for a lawn or garden .
2 . Additions or modifications from the original building
permit must be approved by the City Council .
..i
3 . Special use shall meet all zoning regulations .
4 . No trucks larger than two tons shall be parked on the
property on Sundays or before 7 : 00 A. M, or after 5 : 00
P . M. Monday through Saturday .
5 . No trucks larger than two to�zs shall be parked on the
property at any time for more than two hours at a time .
IN WITNESS WHFREOF , the City PRanager of the City of Cape
Girardeau , Missouri , affixes his signature this day
of , 1986 .
Gary A . Eide , City Manager
ATTEST:
Alvin M. Stoverink , City Clerk
✓
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 1986 , 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
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