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HomeMy WebLinkAboutOrd.117.01-04-1984 1 ' � . � � • . . � � BILL NO. 83-141 OP.DINANCE NO. /'l� AN ORDINANCE GRAPITING A SPECIAL USE PERMIT TO WILLIAM R. AND FRANKIE L. SCHOTT, FOR PURPOSES OF CONSTRUCTING ANll TIAINTAINING A PARKING LOT ON LOT 19, CAROL SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, William R. Schott and Frankie L. Schott are the owners of certain property in the City of Cape Girardeau, on which they desire to construct and maintain a parking lot ; and WHEREAS, the proposed location of said parking lot is Lot 19 , Carol Subdivision, which property is presently zoned R-1, Single- Family Dwelling District; and WHEREAS, a Special Use Permit is required for said parking lot use in a R-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION l. The City Council, having duly considered the application, finds that the granting of the Special L'se Permit will not substantially increase traffic hazards , congestion, fire hazards or adversely affect the general character of the neighbor- hood 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 and maintaining a parking lot on the following d�scribed property: Lot 19, Carol Subdivision, City and County of Cape Girardeau, �Iissouri is hereby granted to William R. Schott and Frankie L. Schott, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regula- tions set forth in the Zoning Code for the district in which the use is located, except those which have been specifically excepted under this perrnit, 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 incor- porated herein by reference. The City rZanager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, P�Iissouri . SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, the entire ordinance shall be deemed invalid. : � kj �J 1� . �� !' �t -�3� � �� � ✓ . , ' ' , . � r SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS �-� DAY OF jq�� ��� r i� , 198 c�. ; � ,V�'7�/f , � �.� _ 'l(�-z-'ct_ Howard C. Tooke, Mayor ATTEST: �/� � /_�'�£C.� �c-�.c,l-c._.> Verna L. Landis , City Clerk . �� . ` � . ' "� . SPECIAL USE PERMIT William R. Schott and Frankie L. Schott are hereby granted a Special Use Permit for purposes of constructing and maintaining a parking lot on the following described property : Lot 19 , Carol Subdivision, City and County 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 City of Cape Girar- deau to enter upon the land to abate such special use . SPECIAL CONDITIONS : 1. Special use shall meet all zoning regulations . 2. Ingress and egress to the lot shall be from Highway 61 only. No access shall be allowed at any time from Kingsway Drive. 3 . No business involving the repair or service of vehicles , or sale or display thereof shall be conducted from or upon such parking areas . 4. No structure shall be erected or remain on any portion of the lot except as provided for under Special Condi- tion Numbers 9 and 10 . 5 . No signs shall be erected on the parking area except as approved by the City Council . 6 . Parking areas shall be used solely for parking patrons af the Metro Busin2ss Ccllege, private passPn;er vehicles only, and no charge shall be made for parking within such premises . 7. There shall be a one hundred twenty (120) feet green belt between the parking lot and Kingsway Drive. There wi11 be a minimum side yard of ten (10) feet. 8. The parking area shall be paved no later than June 1, 1984, with either a minimum of four (4) inches of Portland Cement Concrete or a minimum of four (4) inches of asphalt pavement . The City Engineer ' s office shall be notified three (3) working days in advance of the date of paving and shall inspect the paving job . �, ' • • . . , � 9. The parking area sha11 be suitably screened or fenced. 10. The parking area shall be suitably drained, lighted and maintained free of debris . 11 . The parking 1ot shall not be used between the hours of 9 : 00 P,M. and 6 : 00 A.T1, the following day. During the time when the parking 1ot is not to be used, it shall be suitably chained or barricaded to prevent its use . 12 . This special use is issued for a period of six (6) months from the date of issuance. If the terms and special conditions of this permit have been complied with, this Special Use Permit shall be automatically renewed for a period of five (5) years thereafter. 13 . This Special Use Permit is not transferable. IN WITNESS WHEREOF, the City Manage� of the City of Cape Girardeau, P�Iissouri, affixes his signature this ��.� day of ���, c,, �t r� � , 198�. Gary A. Eide, City P�anager ATTEST: Verna L. Landis , City Clerk STATE OF MISSOURI ) ) ss . COUNTY OF CAPE GIRARDEAU ) On this 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 Planager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missauri., and that the seal affzxed to the foregoing instrument is the seal of said City and that the said instrument was sibned and sealed in behalf of said City by authority of its City Council and acknowledg;ed said instrurlent 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, I�lissouri , the day and year first above written. Delores G. Needham, Notary Public My Commission Expires : October 8, 1984 2 .