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HomeMy WebLinkAboutCityMgrForm.1368.09-06-1978 . . , � , CITY MANAGER FORM ORDINANCE NO. /3 �a � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JAMES J. RESSEL, ESTHER B. RESSEL, LUCAS J. RESSEL, ALICE RESSEL AND CORONA C. HARPER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A DUPLEX RESIDENCE, TO BE LOCATED ON PART OF LOT 9 IN RANGE "B" , CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, James J. Ressel, Esther B. Ressel, Lucas J. Ressel and Alice Ressel are the_owners of certain property in the City of Cape Girardeau, Missouri, on which Corona C. Harper desires to construct, maintain and operate a duplex residence in a commercial district; and WHEREAS , the proposed location of the said duplex residence is on a vacant lot between number 15 and 25 South Lorimier Street, in the City of Cape Girardeau, Missouri, which said property is presently zoned C-3, Central Business District; and WHEREAS, a Special Use Permit is required for said building in a C-3 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 duplex residence in a commercial district, on the following described property: Al1 that part of Lot 9 in Range "B" in the City of Cape Girardeau, Missouri, described as follows: Beginning at the southeast corner of said Lot 9; thence North along Lorimier Street, 51 1/2 feet; thence West parallel with Independence Street, 188 1 .. � , i� feet; thence South, 51 1/2 feet; thence East, 188 feet to the place of beginning. All that part of Lot 9 in Range "B" in the City of Cape Girardeau, Missouri, described as follows : Beginning on the West side of Lorimier Street, 170 feet South from the northeast corner of said Lot 9; thence South along Lorimier Street, 10 feet; thence West parallel with Independence Street, 120 feet; thence North parallel with Lorimier Street, 10 feet; thence East parallel with Independence Street, 120 feet to the place of beginning. is hereby granted to James J. Ressel, Esther B. Ressel, Lucas J. Ressel, Alice Ressel and Corona C. Harper 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 SEPTEMBER, 1978. � �'�--� MAYOR ATTEST: CITY CLERK . , w , � , SPECIAL USE PERMIT James J. Ressel, Esther B. Ressel, Lucas J. Ressel, Alice Ressel and Corona C. Harper are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a duplex• residence, in the City of Cape Girardeau, � ` Missouri, on the following described property for an indefinite period: � Al1 that part of Lot 9 in Range "B" in the City of Cape Girardeau, Missouri, described as follows: Beginning at the southeast corner of said Lot 9; thence North along Lorimier Street, 51 1/2 feet; thence West parallel with Independence Street, 188 feet; thence South, 51 1/2 feet; thence East, 188 feet to the place of beginning. Al1 that part of Lot 9 in Range "B°' in the City of Cape Girardeau, Missouri, described as follows: Beginning on the West side of Lorimier Street, 170 feet South from the northeast corner of said Lot 9; thence South along Lorimier Street, 10 feet; thence West parallel with Independence Street, 120 feet; thence North parallel with Lorimier Street, 10 feet; thence East parallel with Independence Street, 120 feet to the place of beginning. The Speeial 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. '; S SPECIAL CONDITIONS: l. Use is restricted to constructing, maintaining and operating a duplex residence in a commercial district. 2 . Special use shall meet all zoning regulations. ` � � � � � EXHIBIT �Atl � . , . . � . 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 James J. Ressel, Esther B. Ressel, Lucas J. Ressel, Alice Ressel and Corona C. Harper. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1978. , aul 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, wh8, 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 �nd 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 P ic My Commission Expires: October 8, 1980 � . � � y� �� � �