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HomeMy WebLinkAboutCityMgrForm.816.08-15-1973 r 1 , y . . • . � � CITY MANAGER FORM ORDINANCE NO. �/� AN ORDINANCE GRI�NTING A SPECIAL USE PERMIT TO EVANGELICAL UNITED CHURCH OF CHRI5T FOR PURPOSE5 OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURGH EDUCATIONAL BUILDING, TO BE LOCATED ON PART OF LOT5 l, 2, 3, & 4, IN R.ANGE "B" OF TH� PAINTER PARTITION, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Evangelical United Church of Christ, is the owner of certain property in the City of Cape Girardeau, Missouri, on which it desires to construct, maintain and operate a church educa- tional building; and, WHEREAS, the proposed location of the said church educational b uilding is 33 and 37 South E llis Street, in the City of Cape Girardeau, which said property is presently zoned R-4; and, WHEREAS, the Zoning Code of the City of Cape Girardeau requires a Special Use Permit be granted for a church educational building use in a R-4 District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, A5 FOLLOWS: SECTION 1. The City Council, having duly considered the application finds that the granting of the 5pecial Use Permit will not substantially increase traf�ic 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 p1.an. SEC'1'ION 2. A Special Use Permit for the purpose of constructing, maintaining and operating a church educational building in Cape Girardeau, Missouri , on the following des�ribed property: All of Lots One (1) , two (2) , three (3) and four (4) in Range "B" of the Painter Partition in the City of Cape Girardeau, Missouri. is hereby granted to Evangelical United Church of Christ, to be effective ten (10) days after the date of passage and approval of this ordinance. The special us� 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 • J . . . this permi.t, 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 of the City of Cape Girardeau 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. PA55ED AND APPROVED THIS /5 � DAY OF �i'L , 19 73 . _ � tp � MAYOR ATTEST; ) ,Y �`� Q.c.�-c�.� CITY ERK -2- . . . ' ', •. SPECIAL U5E PERMIT Evangelical United Church of Christ is hereby granted a Special Use Permit for the purposes of constructing, repairirig, maintaining and operating a churCh educational �uilding in the City of Cape Girardeau, Missouri , on the following described nroperty for an indefinite period: All o.f Lots one (1) , two (2) ,_ three (3) , . and .four (��) in Range "B" o.f the Painter Partition in the City of Cape Girardeau, Pdissouri The Special Use ?'ermit is granted upon the condition that the Applicant be bound by al.l City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions , the Special Use Permi-t will automatically terminate with the right of the City of Cape Girardeau to enter upon �he land to abate such special use. SPECIAL COPIDITIONS: l. Use is restricted to church educational building and related activities . 2 . Special Use Permit Conditioned on church building a fence from the building to the alley along the North property line of the church property at the time the new education building is constructed. 3.�, Special Use Permit not transferrable without consent of the City Council. 4. 5pecial Use shall meet all R-4 District zoning regulations . 5. Additions or modifications from original building , permit must be approved by the City Council . 6. � ' E�HIBIT ��A�� _ . . e . . . This Special Use Permit shall be binding upon the successors and assigns of the Evangelical United Church of Christ. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau affixes his signature this day of , 1973. MAYOR � ATTEST: CITY CLERI: STATE OF MISSOURI } ) ss . COUNTY 0�` CAPE GIRARDEAU ) On this day of , 1973, before me persbnally appeare� HOWARD C. TOOKE, to me personally known, wha, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, a municipal corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of the 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 ta be the free act and deed of said ' City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed m� official sea1, at my office in Cape Girardeau, Missouri , the day and year first above written. Delores G. Snider, Notary Public My Commission Expires : - October 8, 1976. . -2-