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29 A RESOLUTION GRANTING A USE PERMIT TO THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA TO CONSTRUCT AND OPERATE A TELEPHONE EXCHANGE ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SUBURBAN PARKWAY AND GEORGE WASHINGTON HIGHWAY. WHEREAS, the Hampton Roads Investment Corporation, owner, by the Chesapeake and Potomac Telephone Company of Virginia, has made application pursuant to ~40-75 (b) of the Code of the City of Portsmouth, Virginia, 1973, as amended, for the granting of a use permit as hereinafter-described; and WHEREAS, the applicant and the Plan'ning 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, Virginia: 1. That the use for which the use permit is sought: (a) Will not 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 injurious to the property and improvements in the neighborhood; and use or (c) Will be in accord with the purposes of the z~ning Chapter of the City C~d~. ~ 2. Chesapeake and Potomac Telephone Company of Virginia is hereby granted a use permit pursuant to S40-75 (b) of the Code of the City of Portsmouth, Virginia, to construct and operate a telephone exchange on property at the northeast corner of Suburban Parkway and George Washington Highway, such parcel being more particularly described as Tax Map 418, Parcel 26 (UP-88-6). 3. This use permit is approved subject to the following conditions. 1. No construction will encroach on the tidal flats or wetlands area associated with Paradise Creek.