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HomeMy WebLinkAboutCityMgrForm.1345.06-07-1978 M , � • '� � � 1♦ � CITY MANAGER FORM ORDINANCE N0. � � .5 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PAUL B. LOISEAU AND THOMAS E. PHILLIPS FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A BUILDING WITH TWO APARTMENTS ON THE SECOND FLOOR AND TWO OFFICE UNITS ON THE FIRST FLOOR, TO BE LOCATED ON PART OF LOT 25, RANGE F, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS , Paul B. Loise�.0 is the onwer of aertain property in the City of Cape Girardeau, Missouri, on which Thomas E. Phillips desires to construct, maintain and operate a building with two rental apartments on the second floor and two rental office spaces on the first floor in a commercial district; and WHEREAS, the proposed location of the said new building in a commercial district is :at 620 Bellevue Street, in the City of Cape Girardeau, Missouri, which said property is presently zoned C-1, Local Commercial District; and WHEREAS , A Special Use Permit is required for said building in a C-1 zone; 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 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 the purposes of constructing, maintaining and operating a building with two rental apartments on the second floor and two rental office spaces on the first floor in a commercial district, on the following desaribed property: West Part (45 x 127) of Lot No. 25, Range F, City and County of Cape Girardeau, Missouri. • . � , . , , is hereby granted to Paul B. Loiseau and Thomas E. Phillips to be effective ten (10) days after the date of passage and approval of this ordinance. The Special Use Fermit 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 Fermit, 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 Fermit 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 7�- DAY OF -C�n�— , 1978. �� MAYOR ATTEST: U � ^ _�� CITY CLERK . , SPECIAL USE PERMIT Paul B. Lois�eau and Thomas E . Phillips are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a building with two rental apartments on the second floor and two r�ntal offic� spaces on t.he first floor in a commercial district, in the City of Cape Girardeau, on the following described property for an indefir.ite period: West Part (45 x 127) of Lot No. 25, Range F, City and County of Cape Girardeau, Missouri. The Special Use Permit is granted upon th� condition that the Applicar.ts be bound by all City Ordinances which pertain to the Special Use Permit and that i.he Applicants be bound by the follo�ain� cor,diti.ons which are imposed as a candition 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 ri.ght 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 a building with two rental apartments on the second flaor and two rental office spaces on the first floor in a commercial district. 2 . Special use shall meet all zoning regulations. 3 . Additions or madifications from original building permit must be approved by the City Council. 4 . This Special Use Permit shall be binding upon the p��B�T �A� , . . � . heirs , executors, successors and assigns of Paul B. Loiseau and Thomas E . Phillips . IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, MissQuri , affixes his signature this day of , 1978. _�__ �.� Paul W. Stehr, Mayor ATTEST: Verna L. Landis , City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 1978, before me appeared PAUL W. STEHR, to me personal y 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 Public My Cornmission Expires : �ctober 8, 1980 2 .