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9~ A RESOLUTION GRANTING A USE PE~IT TO MONTESSORI PREPARATORY SCHOOL TO OPERATE A PRIVATE PRE-SCHOOL PROGRAM AT ST. ANDREW LUTHERAN CHURCH 4811 HIGH STREET WEST. WHEREAS, Marilyn Jennings, Directress, of Montessori Preparatory School, has made application pursuant to ~40-73 (b) of the Code of the City of Portsmouth, Virginia, 1973, for the granting of~a use permit to operate a Montessori Pre-School Program at gt. Andrew Lutheran Church, 4811 High Street West; 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, Virginia: That the use for which the use permit is sought: (a) Will non adversely affect safety of persons residing or working in the proposed use; the health and the neighborhood of (b) will not be detrimental to the public injurious to the property or improvements in the neighborhood; and use or (c) Will be in accordance with the purposes of the Zoning Chapter of the City Code. 2. Montessori Preparatory School is hereby given a use permit pursuant to ~40-73 (b) of the Code of the City of Portsmouth, Virginia, to operate a Montessori Pre-School Program for up to forty (40) students ranging in age from two and one-half (2-1/2) to five (5) years old at St. Andrew Lutheran Church, 4811 High Street West (UP-87-18). 3. This use permit is approved subject to the following conditions: (a) The School may be operated with an enrollment of not more than forty (40) children an any one time. (b) The applicant shall comply with all applicable codes, ordinances, policies and regulations of federal, state and local governments and shall obtain all necessary licenses a~d permits.