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HomeMy WebLinkAboutOrd.342.06-18-1986 � BILL N0. 86-76 ORDINANCE NO. � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FRED AND GERALDINE DORMEYER, DAVID BARKLAGE AND JACKIE BURLESON, TO CONSTRUCT, MAINTAIN AND OPERATE GASOLINE PUMPS AT A CONVENIENCE STORE ON LOTS 16 , 17 AND 18 , BLOCK 5 IN MARBLE CITY HEIGHTS WHEREAS, Fred and Geraldine Dormeyer are the owners of certain property in the City of Cape Girardeau, on which David Barklage and Jackie Burleson desire to construct, maintain and operate gas pumps at a convenience store; and WHEREAS, the proposed location of said gas pumps is 1038 North Sprigg, 623 Emerald, 1036 North Sprigg and 1032 North Sprigg, which property is presently zoned C-1 , Local Commercial District; and WHEREAS, a Special Use Permit is required for said gas pumps in a C-1 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 gas pumps at a convenience store, on the following described property: All of Lots 16 , 17 and 18 , Block 5 in the Marble City Heights Addition to the City of Cape Girardeau, Missouri . is hereby granted to Fred and Geraldine Dormeyer, David Barklage and Jackie Burleson , 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 _1�!� DAY OF , 1986 . -� --r �.-: � , L � / J :� �,;."�� �. i'.�._d / �`�//,L.,.�.L__,�-� � Francis E.' Rho es, Mayor ATTEST: . , , A vin M. Stoverink , City C erk '� � ^ SPECIAL USE PERMIT Fred and Geraldine Dormeyer , David Barklage and Jackie Burleson are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating gas pumps at a convenience store, on the following described property for an indefinite period of time: Al1 of Lots 16 , 17 and 18 , Block 5 in the Marble City Heights Addition to the City of Cape Girardeau, Missouri . 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 Eity 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 . Driveway entrances must comply with City codes . 4 . Sidewalks along Sprigg Street and Emerald Street shall be constructed . 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. Need am, Notary Pu lic My Commission Expires: October 8 , 1988 � . �