HomeMy WebLinkAboutCityMgrForm.1367.09-06-1978 ..�.,
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CITY MANAGER FORM ORDINANCE NO. ��
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TRUSTEES OF
FAITH BAPTIST TEMPLE FOR PURPOSES OF MAINTAINING AND OPERATING
A DAY SCHOOL, TO BE LOCATED ON PART OF THE NORTHWEST QUARTER
OF OUTLOT 8 , U.S.P. SURVEY 2199, TOWNSHIP 31 NORTH, RANGE
13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Trustees of Faith Baptist Temple are the
owners of certain prqperty in the Gity of Cape Girardeau,
Missouri, on which they desire to maintain and operate a
day school; and
WHEREAS, the proposed location of the said day school
is 2530 Marsha Kaye Drive, in the City of Cape Girardeau,
Missouri, which said property is presently zoned R-1, Single-
Family Dwelling District; and
WHEREAS , a Special Use Permit is required for said
day school use in a R-1 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 5pecial 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 Fermit for the purposes
of maintaining and operating a day school, on the following
described property:
All that part of what is known as the Northwest
Quarter of Out Lot Eight, U.S .P. Survey 2199 , Township
31 North, Range 13 East, in the Ci�y of Cape Girardeau,
Missouri, described as follows :
Start at the Northwest corner of what is known
as the Northwest Quarter of Out Lot 80, thence S.
8° W. , with the East line of said Northwest Quarter
of Out Lot 80, 429.0 feet; thence N. 82° W. , 28. 8
feet, to a corner of the West right of way line of
Cape Rok Road said corner being the Southeast corner
of Lot 1 of Hillcrest Subdivision; thence N. 82°
W. , with the South line of said Lot l, 180 .0 feet,
to the Southwest corner of said Lot 1 for a beginning
corner; thence continue N. 82° W. , 180 .2 feet, with
the South line of Fairview Place, to the Northeast
corner of a lot conveyed by the Bast Heirs to Kathryn
Swan by deed dated August 22, 1950 and recorded in
Book 148 at Page 279 of the land records of Cape
Girardeau County, Missouri; thence S. 8° 11' W. ,
150 feet to the North line of Marsha Kaye Drive;
thence S . 82° E. , with said North 1ine, 180.7 feet,
to the Southwest corner of a lot conveyed by the
Bast Heirs to David O. Howe and Aughst A. Howe, by
deed dated April 14, 1941 and recorded in Book 121
at Page 262 of the land records of Cape Girardeau
County, Missouri, thence N. 8° E. , 150 feet to the
beginning corner.
is hereby granted to Trustees of Faith Baptist Temple 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.
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PASSED AND APPROVED THIS � DAY OF SEPTEMBER,
1978.
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MAYOR
ATTEST:
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CITY CLERK
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SPECIAL USE PERMIT '
Z'rustees of Faith Baptist Temple are hereby granted
a Special Use Permit for purposes of maintaining and operating
a day school, in the City of Cape Girardeau, Missouri, on
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the following described property for an indefinite period:
All that part of what is known as the Northwest
Quarter of Out Lot Eight, U.S.P. Survey 2199 , Township
31 North, Range 13 East, in the City of Cape Girardeau,
Missouri, described as follows :
Start at the Northwest corner of what is known
as the Northwest Quarter of Out Lot 80; thence S.
8° W. , with the East line of said Northwest Quarter
of Out Lot 80, 429 .0 feet; thence N. 82° W. , 28.8 '
feet, to a corner of the West right of way line of
Cape Rok Road said corner being the Southeast corner
of Lot 1 of Hillcrest Subdivision; thence N. 82°
W. , with the South line of said Lot 1, 180.0 feet,
to the Southwest corner o£ said Lot 1 for a beginning
corner; thence continue N. 82° W. , 180.2 feet, with
the South line of Fairview Place, to the Nor�heast
corner of a lot conveyed by the Bast Heirs to Kathryn
Swan by deed dated August 22, 1950 and recorded in
Book 148 at Page 279 of the land records of Cape �'
Girardeau County, Missouri; thence S. 8° 11' W. , �
150 feet to the North line of Marsha Kaye Drive;
thence S . 82° E. , with said North line, 180.7 feet,
to the Southwest corner of a lot conveyed by the
Bast Heirs to David 0. Howe and Aughst A. Howe, by
deed dated April 14, 1941 and recorded in Book 121
at Page 262 of the land records of Cape Girardeau
County, Missouri, thence N. 8° E. , 150 feet to the
beginning corner.
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The Special Use Permit is granted upon the condition
that the Applicants be bound by all City Ordinances which
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pertain to the Special Use Permit and that the Applicants
be bound by the following conditions which are imposed as �
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a condition of issuance of this Special Use Permit. Upon #
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the failure of the Applicants to comply with these special �
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conditions, the Special Use Permit will automatically terminate �
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with the right of the City of Cape Girardeau to enter upon �
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the land to abate such special use. �
SPECIAL CONDITIONS: �
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1. Use is restricted to maintaining and operating ;
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a day school facility. w`
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EXNfBiT �Ay
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2. Special use shall meet all zoning regulations.
3. Additions or modifications from original br�ilding
permit must be approved by the City Council.
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This Special Use Permit shall be binding upon the
heirs , executors, sucCessors and assigns of Trustees of Faith
Baptist Temple.
IN WITNESS WHEREOF, the Mayor of the City of Cape
Girardeau, Missouri, affixes his signature this day
of , 1978.
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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 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 r
of its City Council and acknowledged said instrument to be r
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 _
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My Commission Expires: �
October 8, 1980 �
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