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HomeMy WebLinkAboutCityMgrForm.1426.02-21-1979 r , CITY MANAGER FORM ORDINANCE NO. � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JAY HUNZE APdD DIANE HUNZE, FOR PURPOSES OF CONSTRUCTING AN ADDITION TO AN EXISTING RESIDENCE, TO BE LOCATED ON PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 26 , TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREA5, Jay Hunze and Diane Hunze are the owners of certain property in the City of Cape Girardeau, Missouri, on which they desire to construct, maintain and operate an eighteen (18) foot by thirty (30) foot addition to an existing residence; and WHEREA5, the proposed location of the said existing building is 1815 North Kingshighway, in the City of Cape Girardeau, Missouri, which said property is presently zoned C-2, General Commercial District and R-1, Single-Family Dwelling District; and WHEREAS, a Special Use Permit is required for said addition to an existing building in a C-2 and R-1 zones; NOW, THEREFORE, BE IT ORDAINED 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 Pemit 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 the purposes of constructing, maintaining and operating an eighteen (18) foot by thirty (30) foot addition to an existing residence, on the following described property: All that part of the Southeast Quarter of the Northwest Quarter of Fractional Section 26 , Township 31 North, Range 13 East, described as follows: Starting at the Southwest corner of the East half of the Northwest Quarter of said Fractional 5ection 26, Township 31 North, Range 13 East, and run North 1, 820 . 8 feet to the south right of way line of U. S. Highway 61; thence South 55° 49 ' East with said right of way line 1, 087 . 7 feet for a beginning corner; thence South 34° 11 ' West 996 . 2 feet; thence South 55° 49' East 175 feet thence North 34° 11 ' East 996 . 2 feet to the south right of way line of U. S. Highway 61; and thence North 55° 49 ' West 175 feet to the place of beginning, containing four (4) acres. is hereby granted to Jay Hunze and Diane Hunze, to be effective ten (10) days after the date of passage and approval of this ordinance. The Special Use Permit 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, 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, marked Exhibit "A" and incorporated herein by reference. The Mayor 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 �-p.GLC�I�� . 1979. �� >�����_._��-�_ MAYOR ATTEST: �1 � �'��c._� -� CITY CLERK SPECIAL USE PERMIT Jay Hunze and Diane Hunze are hereby qranted a Special Use Permit for purposes of constructing, maintaining and operating an eighteen (18) foot by thirty (30) foot addition to an existing . residence, on the following described property for an indefinite period: All that part of the Southeast Quarter of the Northwest Quarter of Fractional Section 26 , Township 31 North, Range 13 East, described as follows : Starting at the Southwest corner of the East half of the Northwest Quarter of said Fractional Section 26; Township 31 North, Range 13 East, and run North 1, 820. 8 feet to the south right of way line of U. S. Highway 61; thence South 55° 49' East with said right of way line 1, 087. 7 feet for a beginning corner; thence South 34° 11 ' West 996 .2 feet; thence South 55° 49 ' East 175 feet thence North 34° 11' East 996 . 2 feet to the south right of way line of U. S. Highway 61; and thence North 55° 49' West 175 feet to the place of beginning, containing four (4) • acres. The 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. Use is restricted to constructing, maintaining and operating an eighteen (18) foot by thirty (30) foot addition to an existing residence. 2. Special use shall meet all zoning regulations. 3. Additions or modification from the original building permit must be approved by the City Council. 4 . This Special Use Permit shall be binding upon the heirs, EXHIBIT 'A� , � . „ executors, successors and assigns of Jay Hunze and Diane Hunze. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1979. �a��� � . Paul W. Stehr, Mayor ATTEST: Verna L. Landis, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 1979, before me appeared PAUL W. STEHR, to me personally known, who, being by me duly sworn, did say that he is the Mayor 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 Pub ic My Commission Expires : October 8, 1980 2.