HomeMy WebLinkAboutOrd.197.11-21-1984 , , ,
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BILL N0. 84-113 ORDINANCE N0. /
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
FIRST FREE WILL BAPTTST CHURCH, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH
ON PROPERTY ON KAGE ROAD, OFF MT. AUBURN ROAD,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, First Free Will Baptist Church is the owner of
certain property in the City of Cape Girardeau, on which it
desires to construct, maintain and operate a church; and
WHEREAS, the proposed location of said church is on Kage
Road Road, off Mt . Auburn Road, West of Cape Bible Chapel,
which property is presently zoned R-1, Single-Family Dwelling
District ; and
WHEREAS, a Special Use Permit is required for said church
use 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 church, on the
following described property:
6. 37 acres, that part of the Northeast Quarter of the
Southwest Quarter of Section 26, Township 31 North,
Range 13 East, County of Cape Girardeau, State of
Missouri, described as follows : Start at the
Southeast corner of the Southwest Quarter of said
Section 26 ; thence North 0° 02' East, along the
Quarter Section line 1091 . 8 feet , to a stone ; thence
North 88° 50 ' East , 488. 4 feet to the West right of
way line of Mount Auburn Road ; thence North 7° 00 '
East along said right of way 269 . 2 feet ; thence
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Northerly along said right of way with the arc of a 5°
09 . 45 ' curve to the left, a distance of 296 . 19 feet ; thence
North 8° 36 ' West, 96 . 13 feet ; thence departing said road,
North 88° 36 ' West, 783 . 74 feet, to the place of beginning ;
thence continue North 88° 36' West, 385. 0 feet ; thence
North 0° 30 ' East, 721 . 5 feet, to a point in the south line
of Kage Road ; thence with said south line, South 88° 24 '
East, 385 . 0 feet ; thence South 0° 30 ' West, 720 . 16 feet , to
the place of beginning.
is hereby granted to First Free Will Baptist Church, 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 � � DAY OF r��;�����-G'�,�� ,
1984.
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Howard C. Tooke, Mayor
ATTEST:
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��, City lerk
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SPECIAL USE PERMIT
First Free Will Baptist Church is hereby granted a Special
Use Permit for purposes of constructing, maintaining and
operating a church, on the following described property for an
indefinite period of time :
6. 37 acres , that part of the Northeast Quarter of the
Southwest Quarter of Section 26, Township 31 North,
Range 13 East, County of Cape Girardeau, State of
Missouri , described as follows : Start at the
Southeast corner of the Southwest Quarter of said
Section 26 ; thence North 0° 02' East, along the
Quarter Section line 1091 . 8 feet , to a stone ; thence
North 88° 50 ' East , 488 . 4 feet to the West right of
way line of Mount Auburn Road ; thence North 7° 00 '
East along said right of way 269 . 2 feet ; thence
Northerly along said right of way with the arc of a 5°
09. 45' curve to the left, a distance of 296. 19 feet;
thence North 8° 36 ' West, 96 . 13 feet ; thence departing
said road, North 88° 36' West, 783. 74 feet, to the
place of beginning ; thence continue North 88° 36 '
West , 385. 0 feet ; thence North 0° 30 ' East, 721 . 5
feet, to a point in the south line of Kage Road ;
thence with said south line, South 88° 24 ' East , 385. 0
feet ; thence South 0° 30 ' West, 720 . 16 feet , to the
place 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 .
This Special Use Permit shall be binding upon the
successors and assigns of First Free Will Baptist Church .
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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:
Evelyn G. LeGrand
Deputy City Clerk
STATE OF MISSOURI )
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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 instrurnent
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, 1988