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HomeMy WebLinkAboutOrd.123.02-15-1984 .. �, � ' • J . BILL NO. 84-8 ORDINANCE NO. 123 — AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU CIVIC CENTER, INC. FOR PURPOSES OF MAINTAINING AND OPERATING A COMMUNITY BUILDING AT 232 BROADWAY, IP1 THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREA5, Cape Girardeau Civic Center, Inc. is the owner of certain �ro�erty in the City of Cape Girardeau, on which it desires to maintain and operate a privately owned community building; and WHEREAS, the proposed location of said community building is 232 Broadway, which property is presently zoned C-3, Central Business District; and WHEREAS, a Special Use Permit is required for said community building facility in a C-3 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 ap�lication 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 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 maintaining and operating a privately owned community building, on the following described property: A fractional part of Lot Ten (10) in Range "E" in the City of Cape Girardeau, Missouri, described as follows: Beginning at a point 70 feet East of the Southwest corner of said Lot; thence running East along the North side of Broadway Street 78 feet; thence North parallel with the Western Boundary of said lot 131. 55 feet; thence West parallel with Broadway Street 78 feet; thence South parallel with the Western Boundary of said Lot 131. 55 feet to the place of beginning. Also, a part of Lot ien (10) in Ranc�e "E" , in the City of Cape Girardeau, Missouri, described as follows: Beginning at the Southeast corner of said Lot; thence running North with the Eastern boundary of said Lot 135 feet; thence West parallel with the Southern Boundary of said Lot 40 feet; thence South parallel with the Eastern boundary of said Lot, 135 feet; thence East with the Southern boundary of said Lot 40 feet to the place of beginning. �^� � ;,��� �� �. � Also, a part of Lot Seven (7) in Range "E" , in the City of Cape Girardeau, Missouri, described as follows: Beginning at a point 158 feet West from the Southeast corner of the said lot; thence running West along the North side of Broadway 30 feet; thence North parallel with the East boundary line of said lot 115. 75 feet; thence East parallel with Broadway Street 30 feet; thence South parallel with the East boundary line of the said lot 115. 75 feet to the place of beginning. Also, a part of Lot Seven (7) in Range "E" , in the City of Cape Girardeau, Missouri, more particularly described as fallows: Beginning 76 feet West from the Southeast corner of said Lot 7; thence running West along the North side of Harmony or Broadway Street 82 feet; thence North 115-3/4 feet; thence East 82 feet; thence South 115-3/4 feet to the place of beginning. is hereby granted to Cape Girardeau Civic Center, Inc. , 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 �S� DAY OF .�`�'i'G"��d �` , 1984 . f � ) G ��� � ' E�'��, Howard C. Tooke, Mayor ATTEST: __. , ... � � , � � I/' � , , , \. �� ��. `..�.. .L.(:......a7 _"�'.`�Z..l_:_.f{__t_ .._i Verna L. Landis, City Clerk � SPECIAL USE PERMIT Cape Girardeau Civic Center, Inc. is hereby granted a Special Use Permit for purposes of maintaining and operating a privately owned community building, on the following described property for an indefinite period of time: A fractional part of Lot Ten (10) in Range "E" in the City of Cape Girardeau, Missouri, described as follows : Beginning at a point 70 feet East of the Southwest corner of said Lot; thence running East along the North side of Broadway Street 78 feet; thence North parallel with the Western Boundary of said lot 131. 55 feet; thence West parallel with Broadway Street 78 feet; thence South parallel with the Western Boundary of said Lot 131. 55 feet to the place of beginning. Also, a part of Lot Ten (10) in Range "E" , in the City of Cape Girardeau, Missouri, described as follows: Beginning at the Southeast corner of said Lot; thence running North with the Eastern boundary of said Lot 135 feet; thence West parallel with the Southern Boundary of said Lot 40 feet; thence South parallel with the Eastern boundary of said Lot, 135 feet; thence East with the Southern boundary of said Lot 40 feet to the place of beginning. Also, a part of Lot Seven (7) in Range "E" , in the City of Cape Girardeau, Missouri, described as follows: Beginning at a point 158 feet West from the Southeast corner of the said lot; thence running West along the North side of Broadway 30 feet; thence North parallel with the East boundary line of said lot 115. 75 feet; thence East parallel with Broadway Street 30 feet; thence South parallel with the East boundary line of the said lot 115. 75 feet to the place of beginning. Also, a part of Lot Seven (7) in Range "E" , in the City of Cape Girardeau, Missouri, more particularly described as follows: Beginning 76 feet West from the Southeast corner of said Lot 7; thence running West along the North side of Harmony or Broadway Street 82 feet; thence North 115-3/4 feet; thence East 82 feet; thence South 115-3/4 feet to the place of beginning. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinance 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 auto- matically terminate with the right of the City of Cape Girardeau to enter upon the land to abate such special use. SPECIAL CONDITIONS: l. Use is restricted to a privately owned community building and related activities. 2 . Special Use Permit not transferrable without consent of the City Council. 3 . Additions or modifications from the original building permit must be approved by the City Council. 4 . Special use shall mee-t all zoning regulations. This Special Use Permit shall be binding upon the successors and assigns of Cape Girardeau Civic Center, Inc. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1984 . Gary A. Eide, City Manager ATTEST: Verna L. Landis, 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. My Commission Expires: October 8, 1984 Delores G. Needham, Notary Public 2 .