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HomeMy WebLinkAboutCityMgrForm.1328.04-19-1978 � I f � � � CITY MANAGER FORM ORDINANCE NO. l ��� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TRUSTEES FOR LOCAL UNION N0. 1770 UNITED BRO.THERHOOD OF CARPENTERS AND JOINERS OF �1MERICA, AND GARY. W. HEUER, FOR PURPOSES OF ESTABLISHTNG, MAINTAINING AND OPERATING 2 APARTMENTS ON THE SECOND �'LO'OR OF AN EXISTING BUILDING, TO BE LOCATED ON PART OF LOTS 144, 145, 146 AND 147 OF MOSES MCI,EAN'S ADDITION, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Trustees for 1oca1 union No. 1770 United Brotherhood of Carpenters and Joiners of America are the owners of certain property in the City of Cape Girardeau, Missouri, on which Gary W. Heuer desires to establish, maintain and oper-ate two (2) apartments on the second floor of an existing building in a commercial district; and WHEREAS, the proposed location of the said existing building in a commercial district is at 731 Jefferson Avenue, in the Gity of Cape Girardeau, Missouri, which said property is presently zoned C-1, Local Commercial District; and WHEREAS, A Special Use Permit is required �or said apartments in a C-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECT20N 1. The City Council, having duly considered the application finds that th.e `granting of the Special Use Fermit will not substantially increase `traffic hazards, congestion, fire hazards or adversely affect the gerieral 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 Fermit for the purposes of establish'ing, maintaining and operating two (2) apartments on the second floor of an existing building in a commercial district, on the following described property: All of Lots 144, 145, 146, and 147 of Moses McLean's Addition to the Gity of Cape Girardeau, Missouri. is hereby granted to Trustees for local union No. 1770 United Brotherhood of Carpenters and Joiners of Amer:ica, and Gary � ' � � • � .� W. Heuer, 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 �orce and effect ten days after its passage and approval. . PASSED AND APPROVEII THIS � DAY OF �� , 1978. ����>��.=�-��;��. MAYOR � ATTEST: c�- I ✓ . ��iK� CITY GLERK . � , , . SPECIAL USE PERMIT Trustees for Local Union No. 1770 United Brotherhood of Carpenters and Joiners of America, and Gary W. Heuer, are hereby granted a Special Use Permit for purposes of establishing, maintaining and operating two (2) apartments on the second � floor of an existing building in a commercial district, in the City of Cape Girardeau, Missouri, on the following described property for an indefinite period: All of Lots 144, 145, 146, and 147 of Moses McLean' s Addition to the City of Cape Girardeau, Missouri. 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 establishing, maintaining and operating two (2) apartments on the second floor of an existing building in a commercial district. 2. Special use shall meet all zoning regulations. 3. Additions or modifications from original building permit must be approved by the City Council. 4 . . This Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Trustees for Local Union �����.`�� ._ ._.. .._._. � _:..._.....�.._r ......._. _,.. .:_.._...._..........�._»__�.. ...�-......�...�.n.-.,�.,....,.,..��,.,..,•.. _-Y � No. 1770 United Brotherhood of Carpenters and Joiners of America, and Gary W. Heuer. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1978. "� � �._��:� � � � L:"�_ _ i Pau W. SteF , Mayor ATTEST: Verna L. Lan is , City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 1978, 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, 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, 1980 2 .