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HomeMy WebLinkAboutOrd.247.07-03-1985 ,�'^. BILL N0. 85-57 ORDINANCE N0. � � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JOE ALLEN AND DONNA L. BURK, FOR PIIRPOSES OF CONSTRUCTIN::, MAINTAINING AND OPERATING A GASOLINE STATION AT 2861 THEMIS STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, M IS SOUR I WHEREAS, Joe Allen and Donna L. Burk are the owners of certain property in th� City of Cape Girardeau , on which they desire to construct , maintain and op�rate a gasoline station ; and WHEREAS, the proposed location of said gasoline station is 2861 Themis Street, which property is presently zoned C-2, General Commercial District ; and WHEREAS, a Special Use Permit is required f��r said gasoline station in a C-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY .+� OF CAPE GIRARDEAU, MISSOURI, AS FOLLUWS: 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 gasoline station , on the following described property: All of Lot # 5, Crites 7th addition to the City of Cape Girardeau , Missouri . is hereby granted to Joe Allen and Donna L. Burk , 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 . � ( PASSID AND APPROVED THIS �.� < , ' DAY OF `�-zt,-�;�, , 1985 . L - ./ ' ,����. Howard C. Tooke , Mayor ATTEST: �..../ ','. ��' i � ' � / ` ' .� - . � �/ i ,^( � _�-�1., Evelyn . T�eGrand Depu ty �City Cler k � � /"'� SPECIAL USE PERMIT Joe Allen and Donna L. Burk are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a gasoline station , on the following described property for an indefinite period of time : All of Lot #5, Crites 7th addition to the City of Cape Girardeau , Missouri . 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 Spec:,�l 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 . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1985. Gary A. Eide, City Manager ATTEST: Evelyn G. LeGrand Depu ty City Cler k STATE OF MISSOURI ) ) ss COUN TY 0 F CA PE G IR ARD EAU ) 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 � `r.J