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HomeMy WebLinkAboutOrd.170.08-01-1984 � � . BILL N0. 84-69 ORDINANCE NO. � ��" AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DONALD E. LACY AND SHIRLEY J. LACY, FOR PURPOSES OF MAINTAINING AND OPERATING A FILLING STATION AT 16 SOUTH FREDERICK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Donald E. Lacy and Shirley J. Lacy are the lessees of certain property in the City of Cape Girardeau, on which they desire to maintain and operate a filling station; and I WHEREAS, the proposed location of said station is at 16 South Frederick Street, which property is presently zoned C-3, � Central Business District; and WHEREAS, a Special Use Permit is required for filling stations in a C-3 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 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 filling station, on the following described property: Part of Lot 22, Range B. Beginning at a point in the easterly line of Frederick Street, 17 feet southwardly of Lot 23, thence eastwardly parallel of Lot 23 for 180 feet to westerly line of an alley, thence southwardly along said westerly line of the alley 80 feet; thence westwardly 180 feet to the easterly line of Frederick Street, thence northwardly 80 feet to point of beginning. is hereby granted to Donald E. Lacy and Shirley J. Lacy, to be effective ten (10) days after the date of passaqe 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 co�y 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. ASSED AND APPROVED THIS � DAY OF f, � , 198�. � �'�..-��Ur-a�r,,C, �- i�-�� Howard C. Tooke, Mayor ATTEST; � > � � r erna Landis, City Clerk Evely G. LeGrand, Deputy City Clexk �.,�'� - . . � SPECIAL USE PERMIT Donald E. Lacy and Shirley J. Lacy are hereby granted a Special Use Permit for purposes of maintaining and operating a filling station, on the following described property for an indefinite period of time: Part of Lot 22, Range B. Beginning at a point in the easterly line of Frederick Street, 17 feet southwardly of Lot 23, thence eastwardly parallel to Lot 23 for 180 feet to westerly line of an alley, thence southwardly along said westerly line of the alley 80 feet, thence westwardly 180 feet to the easterly line of Frederick Street, thence northwardly 80 feet to point of beginning. 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 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. This Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Donald E. Lacy and Shirley J. Lacy. IN WITNESS WHEREOF, the City Manager of the Cit of Cape Gir deau, Missouri, affix his signature this � day of , 198 � w Gary A. E de, City Manager ATTEST: s�' , � ; 2 _ � , V rna L. Landis, City Clerk Evelyn G. LeGrand, Deputy City"Cl.erk 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. Needham, Notary Public My Commission Expires: October 8 , 1984