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HomeMy WebLinkAboutCityMgrForm.730.11-15-1972 ♦ w -f . � . • i � CITY MANAGER FORM ORDINANCE NO. �� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHARLES N. HARRIS AND L. R. ROPER OR P. F. ENTERPRISE5, INC. , A MISSOURI CORPORA- TION, FOR THE PURPOSES OF CON5TRUCTING, MAINTAINING AND OPERATING A RESTAURANT AND LOUNGE, TO BE LOCATED ON A PART OF LOTS 9 AND 10 OF CRITES FIRST ADDITION, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Charles N. Harris and L. R. Roper are the owners of certain property in the City of Cape Girardeau, Missouri, which they propose to convey to P. F. Enterprises , Inc. , a Missouri corporation, on which P. F. Enterprises , Inc. desires to construct, operate and maintain a restaurant and lounge, and related activities; and WHEREAS, the proposed location of the said restaurant and lounge is Lots 9 and 10, located on the north side of Independence Street in Crites First Addition 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 commercial use in a residential zone: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , A5 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 5pecial Use Permit for the purpose of constructing, maintaining and operating a restaurant, lounge and related activities in Cape Girardeau, Missouri, on the following described property: Lots 9 and 10 of Crites First Addition to the City of Cape Girardeau, Missouri is hereby granted to Charles N. Harris and L. R. Roper, or, , , � , . P. F . Enterprises , Inc. , a Missouri corporation, 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 5pecial 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 /��U�-YrL� , 1972 . � . � �� MAYOR ATTEST: ,� ,� 'a-.�`.��� CITY CLE K - 2 - . . _ � , . SPECIAL USE PER'�IIT Charles N. Harris and L. R. Roper, or, P . F . Enterprises, Inc. , a Missouri corporation, are hereby granted a 5pecial Use Permit for the purpose of Constructing, maintaining and operating a restaurant, lounge- and related activities in the City of Cape Girardeau, Missouri, on the follo�aing described �roperty for an indefinite �eriod: Lots 9 and 10 of Crites First Addition to the City of Cape Girardeau, Missouri . The 5pecial 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 �ermit. Upon the �ailure of the Applicants to comply with these special conditions , the Sperial Use Permit wi11 automatically terminate with the right of the �ity of Cape Gir- ardeau to enter upon the land to abate such special use . SPECIAL COi�TDITION5: l. Use is restrictea to restaurant, lounge, parking facilities and related activities. 2 . Special Use Permit not transferrable without consent of the City Council . 3. Special use shall meet all C-District Zoning regulations . 4 . 5 . This Special Use Lermit shall be binding upon the successors and assigns of Charles N. Harris and L. R. Roper, or, P . F. Enterprises, InC. , a I�iissouri corporation. EXHIBIT "A° . , . , , , � , ' , , � -- 2 - Special Use Perniit IN G�ITNESS [�lHEREOF, the Mayor of thP r_ity of Cape Girardeau affixes his signature this ' �� � day of , 1g�2 . J�-�.� � 0�,�, MAYOR ATTESTe � w �-u--� CI^tY CLERK STATE OF MISSOURI ) ) ss . COUNTY OF CAPE GI:RARDEAU ) On this day of , 1972, before me personally appeared H�W�RD C. TOOK�,, to ��:e personally l.nown, who, 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 Pnissouri, and that the se�.l affixed to the foreqoin� 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 an� acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY TvaHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day an�. year first above written. Delores �. Snider, Notary Public My Commission Expires: October 8, 1976 .