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R-01-37 A RESOLUTION GRANTING A USE PERMIT TO JONATHAN BOGGS FOR THE OPERATION OF A RESTAURANT AT 440 HIGH STREET. WHEREAS, Johnathan Boggs, has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to operate a restaurant at 440 High Street, 'Portsmouth, Virginia; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project thru wili be developed according to a plan for parking, driveways, and curb cuTs which will provide for safe and convenient traffic movement; and (e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That Johnathan Boggs is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant on property located at 440 High Street, and being more particularly described as: UP-OI-06 Beginning at the northeast corner of the intersection of High Street and Dinwiddie Street; thence, north 79.92'+/- to a point; thence, east 89.4'+/- to a point; thence, south 8.9'+/- to a