HomeMy WebLinkAboutOrd.124.02-15-1984 • � . � .
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BILL NO. 84-7 ORDINANCE NO. 124
AN ORDINANCE GRANTING A SPECIAL USE PERiKIT TO
STEVEN AND DONNA J. ESSNER FOR PURPOSES OF
MAINTAINING AND OPERATING A CRAFT, GIFT AND
ANTIQUE SHOP AT 16 MORGAN OAK, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Steven Essner and Donna J. Essner are the owners of
certain property in the City of Cape Girardeau, on which they
desire to maintain and operate a craft, gift and antique shop;
and
WHEREAS, the proposed location of said craft, g�ift and
antique shop is 16 Morgan Oak, which property is presently zoned
R-4, Multiple Dwelling District; and
WHEREAS, a Special Use Permit is required for said craft,
gift and antique shop use in a R-4 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 Use Permit
will not substantially increase traffic hazards, congestion, fire
hazards or adversely affect the general character of the neigh-
borhood or the general welfare of the community, nor will it
overtax public utilities or be in conflict with the conlprehensive
plan.
SECTION 2. A Special Use Permit for purposes of maintaining
and operating a craft, gift and antique shop, on the following
described property:
All of Lots Numbered Five (5) and Six (6) in Range "H" in
the City of Cape Girardeau and County of Cape Girardeau,
State of Missouri, fronting together one hundred forty-nine
and eight-tenths (149 . 8) feet on Aquamsi Street, by a depth
of one hundred and thirty (130) feet on Morgan Oak Street,
as the same are laid down and designated on the Nicholas
Gonner Map of the City of Cape Girardeau, Missouri, which
was filed for record on the 24th day of February, 1870, and
is recorded in the Recorder' s Office, at Jackson, Missouri,
in Plat Book One (1) , at Page five (5) , to which map reference
may be had for a more complete description of said lots.
is hereby granted to Steven Essner and Donna J. Essner, to be
effective ten (10) days after the date of passage and approval of
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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 I�� DAY OF �=< V-'��c-c_��:c.�., ,
1984 .
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Howard C. Tooke, Mayor
ATTEST:
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Verna L. Landis, Ci'ty Clerk
SPECIAL USE PERMIT
Steven Essner and Donna J. Essner are hereby granted a
Special Use Permit for purposes of maintaining and operating a
craft, gift and antique shop, on the following described property
for an indefinite period of time:
All of Lots Numbered Five (5) and Six (6) in Range "H" in
the City of Cape Girardeau and County of Cape Girardeau,
State of Missouri, fronting together one hundred forty-nine
and eight-tenths (149 . 8) feet on Aquamsi Street, by a depth
of one hundred and thirty (130) feet on Norgan Oak Street,
as the same are laid down and designated on the Nicholas
Gonner Map of the City of Cape Girardeau, Missouri, which
was filed for record on the 24th day of February, 1870, and
is recorded in the Recorder' s Office, at Jackson, Missouri,
in Plat Book One (1) , at Page five (5) , to which map reference
may be had for a more complete description of said lots.
This Special Use Permit is granted upon the condition that
the Applicants be bound by all City Ordinance 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
Girardeau to enter upon the land to abate such special use.
SPECIAL CONDITIONS:
1 . Use is restricted to a craft, gift and antique shop to
be operated only in the existing carriage house.
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 meet all zoning regulations.
This Special Use Permit shall be binding upon the heirs,
executors, successors and assigns of Steven Essner and Donna J.
Essner.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
, 1934 .
ATTEST: Gary A. Eide, City Manager
Verna L. Landis, City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIR.ARDEAU )
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 , 1984
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