HomeMy WebLinkAboutOrd.265.10-16-1985 ^
BILL NO. 85-89 ORDINANCE NO. �� �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO RICHARD C. AND DIANE BRUNS, FOR PURPOSES
OF OPERATING A VISUAL FINE ARTS STUDIO AT
1822 BIG BEND ROAD, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Richard C. and Diane Bruns are the owners of
certain property in the City of Cape Girardeau , in which they
desire to operate a visual fine arts studio; and
WHEREAS, the proposed location of said art studio is 1822
F3ig Bend Road, which property is presently zoned R-2,
Single-Family Dwelling District; and �
WHEREAS, a Special Use Permit is required for said art
studio use in a R-2 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 operating
a visual fine arts studio, on the following described property:
One acre, more or less , of the East Part of Lot 2 in
Block A of St . Vincent ' s Park , Subdivision of a part
of U. S. Public Survey No . 3091 , Township 31 North ,
Range 14 East , Cape Girardeau County, Missouri , and .
more fully described by metes and bounds as follows:
Begin at a point where the line between Lots Two (2 )
and Nine (9 ) of Block "A" St . Vincent 's Park ,
intersects the 4�esterly line of Lot Four (4 ) in said
Block "A" ; thence in a Southerly direction with line
between Lots Two ( 2 ) and Four (4 ) of Block "A" of St .
Vincent 's Park , for a distance of 58 feet for a point;
thence South 21° 02 ' East for a distance of 230 feet
to a point in the center of Country Club Drive, said
point being 60 feet Southwest measured along the
� center of Country Club Drive from the most eas�,erly
corner of said Lot Two (2 ) which is the common corner
of Lots Two ( 2 ) and Three (3 ) of Block "A" and Lots ,�
One (1 ) and Two ( 2 ) of Block "C" all in said St .
Vincent 's Park ; thence in a Southwest direction and
along the center line of Country Club Drive for a
distance of 35 feet ; thence North 56° 0 ' West for a
distance of 224 feet for a corner ; thence North 37°
30 ' West for a distance of 136 feet to a point in the
line between Lots Two ( 2 ) and Nine (9 ) of Block "A" ,
St . Vincent 's Park ; thence North 68° 30 ' East and
along said line between said Lots Two (2 ) and Nine (9 )
a distance of 200 feet to the point of beginning.
Except any par ts in the street .
is hereby granted to Richard C. and Diane Bruns , 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
referen ce . 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 . �
� � ��
Howard C. Tooke, Mayor
ATTEST:
L�;�e 6�.
Alvin M. Stoverink , City C erk
�
�
^ SPECIAL USE PERMIT
Richard C . and Di.ane Bruns are hereby granted a Special Use
Permit for purposes of operating a visual fine arts studio, on
the following descz�ibed property for an indefinite period of
time:
One acre, more or less , of the East Part of Lot 2 in
Block A of St . Vincent 's Park , Subdivision of a part
of U. S. Public Survey No . 3091 , Township 31 North ,
Range 14 East , Cape Girardeau County, Missouri , and
more fully described by metes and bounds as follows:
Begin at a point where the line between Lots Two ( 2 )
and Nine ( 9 ) of Block "A" St . Vincent 's Park ,
intersects the westerly line of Lot Four (4 ) in said
Block "A" ; thence in a Southerly direction with line
between Lots Two ( 2 ) and Four (4 ) of Block "A" of St .
Vincent 's Park , for a distance of 58 feet for a point;
thence South 21° 02 ' East for a distance of 230 feet
to a point in the center of Country Club Drive, said
point being 60 feet Southwest measured along the
center of Country Club Drive from the most easterly
corner of said I.ot Two ( 2 ) which is the common corner
of Lots Two (2 ) and Three (3 ) of Block "A" and Lots
,� One (1 ) and Two ( 2 ) of Block "C" all in said St .
Vincent 's Park ; thence in a Southwest direction and
along the center line of Country Club Drive for a
distance of 35 feet ; thence North 56° 0 ' West for a
distance of 224 feet for a corner ; thence North 37°
30 ' West for a distance of 136 feet to a point in the
line between Lots Two ( 2 ) and Nine (9 ) of Block "A" ,
St . Vincent 's Park ; then ce North 68° 30 ' East and
along said line between said Lots Two ( 2 ) and Nine (9 )
a distance of 200 feet to the point of beginning.
Except any parts in the street .
This Special LT.�e Permit is granted upon the condition that
the Applicants be b�und 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 comp]_y 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 personal to Richard C. and
Diane Bruns and may not be transferred . `,,
4 . No more than ten students at a time .
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 C erk
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me �
appeared Gary A. Eide , to me persona y nown ,wfo, 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. Nee am, Notary Pu ic
My Commission Expires:
October 8 , 1988
t
�../