HomeMy WebLinkAboutCityMgrForm.710.09-06-1972 . _ _ .• � • . .
CITY MANAGER FORM ORDINANCE NO." /C7
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LARRY L. HAERTLING
FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 5-STORY
APARTMENT BUILDING, TO BE LOCATED ON PART OF LOTS THIRTY-NINE (39)
AND FORTY (40) IN RANGE "E" , CITY AND COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI
WHEREAS , Larry L. Haertling is the owner of certain
property in the City of Cape Girardeau, Missouri on which he
desires to construct, operate and maintain a 5-story apartment
building; and
WHEREAS , the proposed location of this 5-story apartment
building is 727 and 719 Bellevue Street in the City of Cape
Girardeau, Missouri; and
WHEREAS, the Zoning Code of the City of Cape Girardeau
requires that a 5pecial Use Permit be granted for such 5-story
apartment building.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MIS50URI , A5 FOLLOWS:
, 5ECTION l. 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 permit for the purpose of
constructing, maintaining and operating a 5-story apartment
building in Cape Girardeau, Missouri, on the following described
property:
Al1 of the East one third of Lot number
Thirty-Nine (39) and a strip of ground eight feet
wide off of the north side of the East one third of
Lot number Forty (40) in Range "E" , in the City of
Cape Girardeau, Missouri, according to the official
plat and survey thereof, more particularly described
as follows :
Beginning at the Northeast corner of said Lot
Number thirty-nine (39) in Range"E" , on an alley;
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Thence run West with the South line of Bellevue
Street, a distance of sixty (60) feet; thence
South parallel with Ellis Street a distance of
One Hundred Twenty (120) feet; thence East parallel
with Belledue 5treet a distance of Sixty (60) feet
to an alley; thence North with the West line of
said Alley, a distance of One Hundred Twenty (120)
feet to the place of beginning.
Part of Lots Thirty-nine (39) and Forty (40)
in Range "E" in the City of Cape Girardeau, Missouri,
described as follows : Beginning at a point on the
north line of said Lot 39 in Range "E", 60 feet
East of the northwest corner of said I,ot 39 ; thence
run south 120 feet to an alley; thence East parallel
with the north line of said Lot 39 , 60 feet; thence
north parallel with Ellis Street 120 feet to the north
line of said Lot 39; thence West along the north
line of said Lot 39 , 60 feet to the point of beginning.
is hereby granted to Larry L. Haertling, to be effective ten
days after the date of passage and approval of this ordinance .
The proposed 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
as "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.
PAS5ED AND APPROVED THIS � � DAY OF � , 1972.
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MAYOR
ATTEST:
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CITY CLERK
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SPECIAL USE PERMIT
Larry L. Haertling is hereby granted a Special Use
Permit for the purpose of constructing, maintainin.g and operating
a 5-story apartment building in the City of Cape Girardeau,
Missouri, on the following described property for a period of
indefinite years.
All c�f the �ast one third of Lot number
Thirty-Nine (39 ) and a strip of ground eight
feet wide off of the north side of the East
one third of Lot �umber Forty (40 ) in .Range °'E" ,
in the City of Cape G�_rardeau, Missouri, according
to the official plat and survey thereof, more
particularly described as follows :
Beginning at the Northeast corner of said Lot
Number thirty-nine (39) in Range"E" , on an alley;
Thence run West with the South line of Bellevue
Street, a distance of sixty (60) feet; thence
South parallel with Ellis Street a distance of
One Hundred Twenty (120) feet; thence Tast
parallel with Bellevue Street a distance of
Sixty (60) feet to an alley; thence North with the
Taest line of said Al1ey, a distance of One Hundred
Twenty (120) feet to the place of beginning.
Part of Lots Thirty-Nine (39) and Forty (40)
in Range °°E" in the City of Cape Girardeau, Missouri,
described as followse Beginning at a point on the
north line of said Lot 39 in Range °'E°' , 60 feet
East �f the northwest corner of said Lot 39 ; thence
run south 120 feet to an alley; thence East parallel
with the north line of said Lot 39 , 60 feet; thence
north parallel with E11is Street 120 feet to the
north line of said Lot 39 ; thence U�dest along the
north line of said Lot 39 , 60 feet to the point of
beginning.
This 5pecial iJse Permit granted upon the condition that
the Applicant be bound by all City Ordinances which pertain to
said Special Use Permit and that the Applicant be bound by the
following conditions which are imposed as a conc�ition of issuance
of this 5pecial Use Permit. Upon the failure of Applicant 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 .
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5PECIAL CONDITIONS:
l. Use restricted to apartment building.
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EXH I B'T ��,�,��
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Special Use Permit
This 5pecial Use Permit shall be bin.ding upon the heirs ,
successors and assigns of Larry L. Haertling.
IN WITNES5 ?�THEREOF, the Mayor of the City of Cape Girardeau
affixes his signature this day of , 1972 .
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MAYOR
ATTE5T:
CITY CLERK
STATE OT MISSOURI )
) ss .
COUNTY OF CAPE GIR.ARDEAU )
�Jn this day of , 1972 , before me
personally appeared HOWARD C. TOOKE, to me personally known,
who, being by me duly sworn, did say that he is the P�ayor of
the City of Cape Girardeau, a municipal corporation of the
5tate 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 o.f 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.
Delores G. Snider, Nc�tary Public
My Commission �xpires:
October 8, 1972 . �
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