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HomeMy WebLinkAboutOrd.264.10-16-1985 ^ � BILL NO. 85-88 ORDINANCE N0. � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT W. AND LINDA J . BOHNSACK, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A DUPLEX IN THE 2700 BLOCK OF ADELINE AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 4�IHEREAS, Robert W. and Linda J . Bohnsack are the owners of certain property in the City of Cape Girardeau, in which they desire to canstruct, maintain and operate a duplex; and WHEREAS, the proposed location of said duplex is in the 2700 Block of Adeline Avenue , which property is presently zoned R-1 , Single-Family Dwelling District; and � WHEREAS, a Special Use Permit is required for said duplex use in a R-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: '� SECTIOtl 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 ttie 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 duplex, on the following described property: All that part of Lot Ten (10 ) , Block Four (4 ) of Rodney Vista , a subdivision of Out Lot Seventy-Nine (79 ) , U.S . Survey Twenty-one Hundred Ninety-nine (2199 ) , in the city of Cape Girardeau , Missouri , described as follows , to-wit: Begin at the Northwest corner of said Lot 10 ; thence North 89° 05 ' East with the North line of said Lot 10 , 154 .8 feet ; thence South 4° 32 ' West, 170 .2 feet to a point on the South line of said Lot 10 , from which point the Southeast corner of said Lot 10 bears South 78° 41 ' East 200 feet ; thence North 78° 41 ' West with the South line of said Lot 10 , 117 .7 feet to a point � �. which is 30 feet in an easterly direction from the Southwest corner of said Lot 10 ; thence in a `-" Northwesterly direction to the beginning corner . is hereby granted to Robert W. and Linda J. Bohnsack 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 , 1985 . � � c��. Howard C. Tooke, Mayor ,_,, ATTEST: / � ���'L, ���'�-��L°'f �. ` �Aiv�.n M. toverink , City C erk r � /r'� SPECIAL USE PERMIT Robert W. and Linda J . Bohnsack are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a duplex, on the following described property for ara indefinite period of time: All that part of Lot Ten (10 ) , Block Four (4 ) of Rodney Vista, a subdivision of Out Lot Seventy-Nine (79 ) , U.S . Survey Twenty-one Hundred Ninety-nine (2199 ) , in the city of Cape Girardeau, Missouri , described as follows , to-wit: Begin at the Northwest corner of said Lot 10 ; thence North 89° 05 ' East with the North line of said Lot 10 , 154 .8 feet; thence South 4° 32 ' West, 170 .2 feet to a point on the South line of said Lot 10 , from which point the Southeast corner of said Lot 10 bears South 78° 41 ' East 200 feet ; thence North 78° 41 ' West with the South line of said Lot 10 , 117 .7 feet to a point which is 30 feet in an easterly direction from the Southwest corner of said Lot 10 ; thence in a Northwesterly direction to the beginning corner . This Special Use Permit is granted upon the condition that `l�t� Applicants be bound by all City Ordinances which pertain to `� Ltl� special Use Permit and that the Applicants be bound by the £a.11owing conditions which are imposed as a condition of i.^suance of this Special Use Permit . Upon the failure of the A��;�licants to comply with these special conditions , the Special U�e Permit will automatically terminate with the right of the City of Cape Girardeau to enter upon the land to abate such sp�cial 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 . The building shall be located and built according to the plans and drawings submitted with the application for rezoning. � � 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: Alvin M. Stoverink , City Clerk 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 . De ores G. Needham, Notary Public �y Commission Expires: October 8 , 1988 t� �