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7O A RESOLUTION GRANTING A USE PERMIT TO THE VIRGINIA DISTRICT CONVOCATION OF UNITED HOLY CHURCH OF AMERICA, INC. TO OPERATE A CHILD CARE CENTER AT THE FORMER TRUXTUN ELEMENTARY SCHOOL. WHEREAS, the Virginia District Convocation of United Holy Church of America, Inc., by George Minor, attorney, has made application pursuant to ~40-75 (b) of the Code of the City of Portsmouth, ViFginia, 1973, for the granting of a use permit to operate a child care center; and WHEREAS, the applicant and the done all things requiFed to be done application; and Planning Di~ectoF have in connection with said WHEREAS, the Planning Commission has ~ecommended the granting of said use peFmit. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, ViFginia: 1. That the use foF which the use peFmit is sought: (a) Will not adversely affect the health and safety of persons residing oF working in the neighborhood the p~opose~ use; of (b) Will not be detrimental to the public use injurious to the property o~ impFovements in the neighborhood; and o~ (c) Will be in accordance with the purposes of the Zoning Chapter of the City Code. 2. The Virginia District Convocation of the Unite~ Holy Church of America, Inc. is hereby gFanted a use permit pursuant to ~40-75 (b) of the City Code to opeFate a child ca~e center at the forme~ TFuxtun School which is located on the no~th side of Elliott Avenue between Deep Creek and F~edeFick BoulevaFds and described as Tax Plate 151, PaFcel 3 (UP-85-16). This use permit is approved subject to the following conditions: (a) A certified land survey must be submitted pFior to commencement of operation of the facility which shows at least 4,400 square feet of fenced play aFea. (b) The child cafe centeF may be operated with an enrollment of not more than twenty-two (22) children to be ca~ed foF at the facility at any one time.