HomeMy WebLinkAboutOrd.339.06-18-1986 �
BILL N0. 86-77 ORDINANCE N0.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO 130 N. MAIN STREET, A GENERAL
PARTNERSHIP, TO CONSTRUCT AND MAINTAIN A
RESIDENTIAL APARTMENT ABOVE A RETAIL
ESTABLISHMENT AT 130 NORTH MAIN STREET
WHEREAS, 130 N. Main Street, a general partnership is the
owner of certain property in the City of Cape Girardeau, on
which it desires to construct, maintain and operate a
residential apartment above a retail establishment; and
WHEREAS, the proposed location of said apartment is 130
North Main Street, which property is presently zoned C-3 ,
Eentral Business District; and
WHEREAS, a Special Use Permit is required for said
apartment use in a C-3 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, 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 residential apartment
above a retail establishment, on the following described
property:
Part of I.ot No. Two ( 2 ) in Range "D" in the City of Cape
Girardeau, Missouri , fronting twenty-three feet and two
inches ( 23 ' 2" ) on Main Street by a depth of eighty (80 )
feet, and more particularly described as follows :
Commencing at the northwest corner of Lot No. One ( 1 ) in
Range "D" , on Main Street and running thence eastwardly on
the line of said Lot l , eighty ( 80 ) feet; thence
northwardly, parallel with Main Street, twenty-three feet
and two inches ( 23 ' 2" ) ; thence westwardly, parallel with
the south line of said Lot No. Two ( 2 ) eighty (80 ) feet to
Main Street; and thence south, along the east line of Main
Street, twenty-three feet and two inches ( 23 ' 2" ) to the
�'"` place of beginning, being the same real estate conveyed to
Louis and Anna Hecht, husband and wife, by deed dated
February 24 , 1939 , recorded in Book 112 , at Page 634 in the
office of the Recorder of Cape Girardeau County, Missouri .
� is hereby granted to 130 N. Main Street, a general partnership,
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 _1s�_ldL�-' DAY OF ,
1986 .
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� Francis E. Rhodes, Mayor
ATTEST:
�.
. �
Alvin M. toverink , City Clerk
�
� SPECIAL USE PERMIT
130 N. Main Street, a general partnership, is hereby
granted a Special Use Permit for purposes of constructing,
maintaining and operating a residential apartment above a
retail establishment, on the following described property for
an indefinite period of time:
Part of Lot No. Two ( 2 ) in Range "D" in the City of Cape
Girardeau, Missouri , fronting twenty-three feet and two
inches ( 23 ' 2" ) on Main Street by a depth of eighty (80 )
feet , and more particularly described as follows :
Commencing at the northwest corner of Lot No. One ( 1 ) in
Range "D" , on Main Street and running thence eastwardly on
the line of said Lot 1 , eighty (80 ) feet; thence
northwardly, parallel with Main Street, twenty-three feet
and two inches ( 23 ' 2" ) ; thence westwardly, parallel with
the south line of said Lot No. Two ( 2 ) eighty (80 ) feet to
Main Street; and thence south, along the east line of Main
Street, twenty-three feet and two inches ( 23 ' 2" ) to the
place of beginning, being the same real estate conveyed to
Louis and Anna Hecht, husband and wife, by deed dated
February 24 , 1939 , recorded in Book 112 , at Page 634 in the
office of the Recorder of Cape Girardeau County, Missouri .
''�`� 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.
3 . Two ( 2 ) off-street parking spaces shall be provided by
written agreement with Downtown Parking, Inc.
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IN WITNESS WHEREOF, the City Manager 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 , 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
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