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R-97-10 A RESOLUTION GRANTING A USE PERMIT FOR THE OPERATION OF TWO EATING PLACES AT 507 AND 509 MIDDLE STREET MALL. WHEREAS, Norman Malbon 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 no operate two eating places, specifically an ice cream store and a restaurant to be located an 507 and 509 Middle Street Mall, Portsmouth, Virginia, as hereinafter-described; 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 said use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virg!nla: 1. That the use for which the permit hereinafter- described 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 that will 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 Norman Malbon 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 two eating places, specifically an ice cream store and a restaurant, on property located an 507 and 509 Middle Street Mall, and being more particularly described as: