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HomeMy WebLinkAboutCityMgrForm.788.06-20-1973 . r CITY MANAGER FORM ORDINANCE NO.� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PAUL HARTLINE AND SUSAN HARTLINE, OR, GEORGE D. SANDERS AND LZNDA M. 5ANDER5, FOR PURPOSES OF MAINTAINING AND OPERATING A ONE OPERATOR BEAUTY SHOP FACILITY, TO BE LOCATED ON PART OF LOT 3 IN BLOCK 1, OF GIBONEY HOUCK '5 THIRD 5USDIVISION, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREA.S, Paul Hartline and Susan Hartline, are the owners of certain property in the City of Cape Girardeau, Missouri, which they propose to convey to George D. Sanders and Linda M. Sanders, on which George D . Sanders and Linda M. 5anders desire to operate and maintain a one operator beauty shop facility and related activities; and, WHEREAS, the proposed location of the said beauty shop facility is 611 South Sprigg Street, in the City of Cape Girardeau, which said property is presently zoned R-3; and, WHEREA.S, the Zoning Code of the City of Cape Girardeau requires a Special Use Permit be granted for a beauty shop facility use in a Two-Family Dwelling District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRAR.DEAU, MI5SOURI, AS FOLLOW5: 5ECTION 1. 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 wi11 it overtax public utilities or be in conflict with the compreYiensive plan. 5ECTION 2. A Special Use Permit for the purpose of maintaining and operating a one operator beauty shop facility and related activities in Cape Girardeau, Missouri , on the following described property: All of Lot Three (3) in Block One (1) of Giboney Houck' s Third 5ubdivision in the City of Cape Girardeau, Missouri. is hereby granted to Paul Hartline and Susan Hartline, OR, George D . Sanders and Linda M. 5anders, to be effective ten (10) days after , . . . , • the date of passage and approval of this ordinance. The special use 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 . 5ECTIOiV. This ordinance shall be in full force and effect ten days atter its passage and approval. PAS5ED AND APPROVED THIS o''��0� DAY OF , 19 73. V��r� �, v G-�-..,��� MAYOR ATTE5T: ,� � . � ��DC., ��-C,�...rx.�-t-� CITY CLERK 2. , _ , • rJi.�LrZTii.i Uv.r�u t���'Z I m Paul ??artline and 5usan �artlines �R, George '� . Sandeis and Linda r�, �anders, are '�er_eb�,� cr�nted a Special Use Permit for the purroses of �aintain.a_n; anc��. operating a one oper_ator beauty s'�op facilit�� and rel�.tec� activ�_ties in the City of �ape ��irardeau, r-4yssouri , on the �ollowing described t�roper-L-z� �or an indef�.nite peri.od: �?11 of Lot Three (3) in Block One (1) of Gi.boney Houck ° s Third Subdi�risic3n in the City of �ape Girardeau, i�[iss+�ur_i . The Special Use Perrait is ,ranted ur�on the condition t.hat the .�pplicants be bound �S� all Ci�_y Ordinances which pertain to the Special. TJse Perrni�. and �.'na� th� 'lpplicants be bound b�% the followinc; conditions �ah:�ch are im�osed as a conc�ition of issuance of tl�is Special TJse �?ermi_�:, . Upon the failure of the A�plicants to comply with tnese spe�ial conditions, the S:�er_ial i7se nermit �azll automatically terminate with t�ie right of the City of Cape �irardeau to enter upon the land to abate such stiecial use . 5PECIAL C0��333ITiONS: l. Use is restricted to one o�erator beauty shop Lacili.ty an� related acti��ities . 2. S�ecial Use per_mit not transferrable �aithout consent of the Citv Coun.cil . 3 . S��cial Use shall meet all R--3 District Zoning reaulaf.ions . 4. Ac7ditions or modiiications from original t�uilding . permit mus t �e a�pro�re�3. by the r it�� Coun.ci 1. 5 . This Special I7se Permit sha.11 be .�inc�inq upon the administrators , heirs, s�accessors , and assigns of Paul Hartline and Susan :tIartline, OR, George D . Sanders �nd �inda ��2. Sanders . �J(HIBIT ~A" , . . , ' � Iiv T�lITNES5 b�IH�RFOF, the i�-layor or t;�e City of �ape Girardeau a�fixes ?�is signature thzs dav �f , 19 73 . � � t����Y�R ATTFST: CITY CLFP.Y: STATE OF ��ISSOURI } ) ss . COUiQTY OF CAPF GIRARnLl-;U ) � � �n �-'��c e�ay of , 1973, before me personally appeared HG.�7�F,D C. TOOI<E , to me personally }�nown, who, bein� hy rne dul� s�aorn, did say that he is the Mayour of the Ci-ty of Car�e Girardeau, a munici.�al cor�oration of the State o.�' n7i.;;sour;, an�1 t?�iat the seal affixed to the foregoing instrument is the seal r�f �he saic� C�t1� and that the said ins+-rument was signed and sealed in bena�r of said City by authoritv or its City Cdunci.l and a�knowledc�ed said instrument t� be�the free act and deed of s��_d City. Tnt �'E�TIP�011Y r�u`�{���?FOF, I have hereunto set my hand and aff_ixed mY �t�icial seal, at my office i_r Ca�ae Girardeau, Missouri, the day and year first above wri�ttene Delores G. Sniu�.er, ;_�Iotar�� Public i�Iy Commission Expires: October �3, 1976 . 2 . .�„�....�.��s