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HomeMy WebLinkAboutCommForm.1649.10-17-1955 , ., -� �COMMISSION FORM ORDIN�NCE N0. �S� �pN ORDIN,�NCE �MENDING �COMMISSION FORM ORDIN�N�E N0. 566 P�SSED �ND ,&PPROVED ON THE 25TH D�Y OF APRIL, 19�.9, BY �H�NGING THE ZONING OF LOTS OP1E, TWO �IND THREE IN BLO�CK ONE OF OAK P.ARK� ,� aUBDIVISION IN THE CITY OF C;�PE GIR�►RDE�U, MISSOURI, AS �HOWN BY THE PL.AT RE�ORDED IN PL�TBQOg /�, �T P,�GE 41, EZ�LPTING THLREFROM �l STRIP OF L:�IdD 44 FEET IN WIDTH LYING WEST OF �ND �DJACLNT TO THE ORIGIN�L WEST LINE OF ��IRUTHERS �iVENUE �1S SHQWN ON SAID PL,�1T, WHICH PROPERTY WA5 HERETOFORE �ONVEYED TO THE �ITY OF Ci�PE GIR�RDE�U, MISS�URI� FOR THE PURPOSE OF WI�ENING C,�RUTHERS �VENUE, FROM � CL�4SS � ONE- F1�MILY DISTRSCT TO � CL�SS G BU3INESS DISTRICT WITH CTRT�IIN LIMIT�TIONS . WHERE,�S, the �ity �ouncil of the City of Cape Girardeau� Missouri, has received an application from the owner of the hereinafter described property requesting that the zoaing of the same be changed from a Class A One-Family District to a �Class G Business District with certain limitations in an area described as follo�s: �11 of Lots One (1) , Two (2) and Three (3) in Block Orie (1) of Oak Park, a subdivision in the City of Gape Girardeau, Missouri, as shown by the plat recorded in Plat Book 4, at Page 41, excepting therefrom a strip of land 44 feet in width lying west of and adjacent to the original west line of Caruthers Avenue as shown on said plat� Which propertp �as heretofore conveyed to the �it�r of Cape Girardeau, Missouri, for the purpose of widening Caruthers �venue; and WHERE�5, public notice of such application for such change was given as was provided by �ommission Form Ordinance No. 566 and a public hearing was held b� the City �ouncil on October 10, 1955; and WHERE,�IS, said application has been submitted to the �ity Planning and Zoning �ommission for its recoa�mendation and report and said City Planning and Zoning Commiasion reported and�recQ�mended that �aid property be rezoned in accordance xith said application; and WHERE�AS, no property owners o�ning property adjacent or near to the property included within such proposed change have protested such change; and i � - 2 - WHEREAS, the City Gouncil finds that it would be to the best interest of all property owners concerned for s�id property to be rezoned from a �lass 1 One-Family District to a �lass G Business District, NOW THEREFORE, BE IT ORD�INE� BY THE �ITY �OUNCIL OF THE �ITY OF C�PE GIR�RDE�U, MI5SOURI, �S FOLLOWS: y�E�TION ls That Section 2 of Commission Form Ordinanee 566, passed and approved on the 25th day of �pri1, 19'�9, shall be, and the same is hereby, amended to ehange the boundary af the present �lass G Busine�s District so as to include therein the hereinafter described property, which said property is hereby rezoned from a �lass 1 One-Family District to a Cla�s G Business District with the use thereof restricted to the operation of a cleaning and pressing establishment and/or a retail store� With the further limitation that such retail store sha11 not � engage in the sale or distribution of any alcoholic beverages, regardless of alcoholic eontent, or groceries� meats� foods or similar articles, to-wits gll of Lots One (1) , Two (2) and Three (3) in Block One (1) of Oak Park� a subdivision in the City of �ape Girardeau, Missouri� as shown bp the plat recorded in Plat Book �, at Page Q1� excepting therefrom a strip of land �4 feet in width lying west of and adjacent to the original �est line of Caruthers Avenue as shown on said plat� uhich property was heretofore conveyed to the City of Cape Girardeau� Missouri, for the purpose of widening �aruthers �venue. SE�TION 2s 2he �it� Council hereby declares that the property described in Section 1 above is at the present particularly suited for the uses and purposes of a Clasa G Business District �nd that the changes authorized hereby are reasonable �nd in reasonable eonformity �ith the existing use and value of the immediately surrounding propertp. SE�TION 3: �11 ordinances and parts of ordinances in conflict with the provisions hereof are hereby repealed, but all other provisions of �ommission Form Ordinance No. 566 not amended or repealed hereby shall remain in full force and effect. SECTION 4s This ordinance shall take effect and be in force from and after ten (10) days after its passage and approval. Pas�ed and a ` pproved thi5 �� da� of October� 1955. G� � ATTEST: ��2;� / Mayor �� ---�/ -�/. � � �-�----�--� �ity; C erk