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HomeMy WebLinkAboutOrd.202.12-05-1984 r , � . , � � B I LL N0. 8 4-117 ORD INANCE N0. ;���� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO EUGENE PENNY AND SUE ELLEN PENNY, FOR PURPOSES OF MAINTAINING AND OPERATING A BUILDING AS A CHURCH AT 730 INDEPENDENCE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Eugene Penny and Sue Ellen Penny are the owners of certain property in the City of Cape Girardeau , on which they desire to maintain and operating a building as a church; and WHEREAS, the proposed location of said church is 730 Independence, which property is presently zoned C-1 , Local Commercial District ; and WHEREAS, a Special Use Permit is required for said church use in a C-1 zone; NOW, THEREFORE, BE IT ORbAINED 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 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 maintaining and operating a building as a church, on the following described property: Part of Lot Thirty-eight ( 38) in Range "C" in the City of Cape Girardeau, Missouri , described as follows : Begin at the southwest corner of Lot 38 in Range "C" ; thence run North along the east line of Ellis Street 50 feet ; thence East parallel with Independence Street 90 feet ; thence South parallel with Ellis Street 50 feet to the north line of Independence Street ; and thence West along the north line of Independence Street 90 feet to the place of beginning. ��� ` ''�,. , a , - '� 4� '`�;; \ 41.'`d..... ` e"i,.4 t \ �"� ��. � y�" i J � , . is hereby granted to Eugene Penny and Sue Ellen Penny, 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 � �U ' �tic.��-4�► 19 8 4. ✓� � c�--� MAYOR ATTEST: rr � i � � r � : % %;.L��L- -'t- � (� -tL��/ � CITY CLERK ✓ �� � SPECIAL USE PERMIi Eugene Penny and Sue Ellen Penny are hereby granted a Special Use Permit for purposes of maintaining and operating a building as a church, on the following described property for a one (1 ) year period of time : Part of Lot Thirty-eight ( 38) in Range "C" in the City of Cape Girardeau, Missouri , described as follows : Begin at the southwest corner of Lot 38 in Range "C" ; thence run North along the east line of Ellis Street 50 feet ; thence East parallel with Independence Street 90 feet ; thence South parallel with Ellis Street 50 feet to the north line of Independence Street ; and thence West along the north line of Independence Street 90 feet to the place of beginning. This Special Use Permit is granted upon the condition that the Applicants be bound by all City Ordianances 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 is issued for a period of one (1 ) year . 4 . Five ( 5) parking spaces must be provided in compliance with zoning regulations . This Special Use Permit shall be binding upon the heirs and successors of Eugene Penny and Sue Ellen Penny. 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 C er 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, 1988