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HomeMy WebLinkAboutCityMgrForm.1375.09-20-1978 • �� � r r CITY MANAGER FORM ORDINANCE NO. �J 7�j� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHARLES GUILING AND JOEL GUILING FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO EXISTING BUILDING FOR STORAGE, TO BE LOCATED ON PART OF U. S. SURVEY NO. 2198, TOWNSHIP 31 NORTH, RANGE 13, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS , Charles Guiling and Joel Guiling are the owners of certain property in the City of Cape Girardeau, Missouri, on which they desire to construct, maintain and operating an addition to an existing building for storage; and WHEREAS , the proposed location of said building addition is 2525 Perryville Road, 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 storage building use in a R-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COLTI�CIL 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 an addition to an existing building for storage, on the following described property: 0.953 acres, more or less, being part of U. S . Survey No. 2198, Township 31 North, Range 13 East, Cape Girardeau County, Missouri, described as follows: Beginning at a point from which the Northwest corner of said Survey No. 2198 bears North, 1062. 5 . . � , , r feet, East 1975 chains; North 20 .45 chains West 40. 77 chains (this beginning point being on the West line of the Paul Ford tract, 305. 0 feet North of the Southwest corner thereof) ; thence from said point of beginning, along the west line of Ford tract; South 155.0 feet to the Northwest corner of a 1.903 acre tract; thence along the North line of said 1.903 acre, East 223.4 feet to the Southwest corner of Dennis Underwood; thence along the West line thereof, North 125.0 feet to the Northwest corner; thence along the North line of Underwood East, 235.4 feet, more or less , to a point on the West side of Perryville Road; thence along the West side of said Road, North 24° 23 ` West, 33.0 feet to the Southwest corner of a 1.964 acre tract (Kelpe to Underwood, March 2 , 1973) , thence along the South side thereof West 447.5 feet, more or less , to the point of beginning. is hereby granted to Charles Guiling and Joel Guiling 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 �O DAY OF - . 1978. � � �;-,..-,..�� -- � I �� • - �=� _ --- ���������- , MAYOR ATTEST: � .���1.�-C-aC� CITY CLERK , , , . � , , SPECIAL USE PERMIT � Charles Guiling and Joel Guiling are hereby granted a Special Use Permit for purposes of constructin.g, maintaining and ogerating an addition to an existing building for storage, in the City of Cape Girardeau, Missouri, on the following -�,,._ described property for an indefinite period: 0.953 acres, more or less , being part of U. S. Survey No. 2198 , Township 31 North, Range 13 East, Cape Girardeau County, Missouri, described as follows: Beginning at a point from which. the Northwest corner of said Survey No. 2198 bears Nor.th, 1062. 5 feet, East 1975 chains; North 20 .45 chains West 40 .77 chains (this beginning point beirig on the West line of the Paul Ford tract, 305.0 feet North of the Southwest corner thereof) ; thence from 5aid point of beginning, along the west line of Ford tract; South 155.0 feet to the Northwest corner of a 1.903 acre tract; thence aiong the North line of s�id 1.903 aere, Ea�t 223.4 feet to the Southwe�t corner of Dennis Underwood; thence along the We�t lin� thereof, North 125.0 feet to th+e Northwest corner, thence along th� North line of Unden+ood East, 235.� feet, �ore or less, to a pc�int on the West sid� of Perryville Road; thence along the West side of said Road, N�rth 24° 23' West, 33.0 feet to the Southwe�t corner of a 1.964 acre tract (Relpe to Undervrood, March 2, 1973) , thence along the South side thereof West 447.5 feet, more � or less, to the point of beginning. 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 r a condition of issuance of this Special Use Permit. Upon X the failure of the Applicants to comply witti 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: � l. Use is restricted to constructing, maintaining � d } and operating an addition to an existing building � for storage. � r � �. , :,�:: � b �8��" " � F 'A 4 . , , . , . `� '. . . - , • , 2. Special use shall meet all .zoning regulations. 3. Additions or modifications from original bixilding permit must be approved by the City Council. 4. � � �hi.� Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Charles Guiling and Joel Guiling. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1978. e��'-��, �..��� _ • \ ��� �� 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 h� 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. De ores G. Nee ham, Notary Pub ic My Commission Expires: October 8, 1980 ; r �