HomeMy WebLinkAboutOrd.363.08-18-1986 �., BILL NO. 86-122 ORDINANCE N0. �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO WILLIAM H . THOMAS, FLORENCE THOMAS,
4dILLIAM D. CHEEK AND CATHERINE D. CHEEK TO
CONSTRUCT, MAINTAIN AND OPERATE A
PHOTOGRAPHY STUDIO AT 2336 KINGSWAY DRIVF
WHEREAS, William H. Thomas and Florence Thomas are the
owners of certain property in the City of Cape Girardeau , on
which William D. Cheek and Catherine D. Cheek desire to
construct, maintain and operate a photography studio; and
WHEREAS, the proposed location of said studio is 2336
Kingsway Drive, �ahich property is presently zoned R-1 ,
Sincle-Family Dwelling District ; and
DdHEREAS, a Special Use Permit is required for said studio
in a R-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 a photography studio,
on the following described property:
Part of the Northwest part of wtiat is commonly known
as the Southeast Quarter of Out Lot No . 80 in the City
of Cape Girardeau , Missouri , described as follows :
Begin at a stone at the northwest corner of what is
commonly known as the southeast quarter of Out Lot No .
80 ; run South 8° West with the west line of what is
known as the southeast quarter of said Out Lot 80 , 39
feet to the intersection of this line with the east
right of way line of U . S . Highway No . 61 ; thence with
the said east right of way line , South 28° 55 ' East,
178 . 6 feet ; thence South 17° 16 ' East , 184 . 7 feet;
thence South 38° 06 ' East , 239 feet ; thence South 41°
33 ' East, 131 . 5 feet for a beginning corner ; thence
^ North 8° East , 200 feet ; thence South 82° East, 168
feet to the center of Walker ' s Creek ; thence in a
Southerly direction along the centerline of said
Walker ' s Creek to the north right of �aay line of Cape `,
Girardeau-Jackson Road; thence North 56° 55 ' West
along said north right of way line , 73 . 8 feet; thence
North 41° 33 ' West , 132 . 5 feet to the beginning corner .
is hereby granted to William H . Thomas , Florence Thomas,
William D. Cheek and Catherine D. Cheek , to be effective ten
( 10 ) days after the date of passage and approval of this
orc�inance . 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 ref� ence. The City Manager is hereby
given the power to execut� 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 -����,�-� DAY OF --�����'�-
1986 . /
U
.�'��c�� �����z� �
Francis E. Rhodes , Mayor
ATTEST:
_ ,
Alvin M. toverink , City Clerk
�
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_ .._'.:', f� !. '�1:,. ,�A.� f.-, i
�„�, SPECIAL USE PERMIT
William H . Thomas , Florence Tnomas , William D. Cheek and
Catherine D. Cheek are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating a
photography studio, on the following described property for an
indefinite period of time:
Part of the P7orthwest part of �ahat is commonly known
as the Southeast Quarter of Out Lot No . 80 in the City
of Cape Girardeau , Missouri , described as follows :
Begin at a stone at the northwest corner of what is
commonly known as the southeast quarter of Out Lot No .
80 ; run South ' 8° West with the west line of what is
known as the southeast quarter of said Out Lot 80 , 39
feet to the intersection of this line with the east
right of way line of U. S . Highway No , 61 ; thence with
the said east rignt of way line , South 28° 55 ' East ,
178 . 6 feet; thence South 17° 16 ' East, 184 . 7 feet;
thence South 38° 06 ' East , 239 feet; thence South 41°
33 ' East , 131 . 5 feet for a beginning corner ; thence
North 8° East, 200 feet ; thence South 82° East , 168
feet to the center of Walker ' s Creek ; thence in a
Southerly direction along the centerline of said
Walker ' s Creek to the north right of way line of Cape
� Girardeau-Jackson Road ; thence North 56° 55 ' West
along said north right of way line , 73 . 8 feet; thence
North 41° 33 ' West, 132 .5 feet to the beginning corner .
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
follo�ving 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 WITNESS WHEREOF , the City Manager of the City of Cape
�
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`�' " ` / /,��
�!.�("1_ ��/ '��-� C�.c�i
� Girardeau; , Missouri , affixes his signature this �� day
a£ , 1986 .
.
� � • ��
`;
` "r' ,' Gary A. ide , City Manager
� �' ;ATTEST:
t _
t� _
�Alvin M.'..Stoverink , City Clerk
STATE OE MISSOURI �
) ss
COUNTY OF CAPE GIRARDEAU )
On this � � day of (,(� � , 19B � , before me
appeared Gary �. Eide, to me er onally 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 Commis�sion "Expires:
_�_October`r�g�- 1988 _ _
, . . i .J„ _ .._ __.. . --_. . - .
..:. �...�......_ .' �.�_n..�.,«-.....r.
� \ \ �
, ;''cZ,-��� STATE OF MISSOURI SS In the Recorder's Office
-;:, �.,s�_, County of Cape Girardeau, �
'�' �f` �
�;� ^�, I, JANET ROBERT, ktecorder of Said County, do hereby certify that the within instrument of
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�; � � �
� �� �,�� writing was, at 8 o'clock and �R minutes A A4., on the
� 3rd September gF,
`` � �� day of , A. D., 19 duly filed for record in
-_ .._c
� my office, and is recorded in the records of t}us office, in book 451 at page 999
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ficial seal at
� Jackson,Mo., the date first above written.
gy ,Deputy ecorder
JANET RO ERT