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A RESOLUTION GRANTING A USE--PERMIT TO T. C. BENNETT TO OPERATE A CHILDCARS.-CENTER AT 2705 CHICAGO AVENUE (UP-86-8). WHEREAS, T. C.' Bennett has made application pursuant to ~40-71 (b) of the Code of the City of Portsmouth, Virginia, 1973, for the granting of a use permit to operate a childca~e center at 2705 Chicago Avenue; and WHEREAS, the appli'~ant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, granting of a center. the Planning Commission has recommended the use permit for the operation of ~a childcare - NOW, THEREFORE, BE IT RESOLVED by the Co6~cil of the City of Portsmouth, Virginia: 1. That ~he use for which the use 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 in3urious to.the property or improvements neighborhood; and the public use or in' the (c) Will be in accordan6~ with the purposes of the 'Zoning Chapter of the City Code. 2. T. C0 Bennett is hereby granted a use permit pursuant to ~40-71 (b) of the City Code to operate a childcare center at 2705 Chicago Avenue (UP-86-8). 3. The use permit is approved subject to the following conditions: (a) The childcare center may De operated with an enrollment of not more than thirty-nine (39) children to be cared for at the facility at any one time. (b) A five (5)' foot wooden privacy fence shall be installed replacing the chainlink fence to th~.rear, side and front of the southeastern portion of the parcel and the 42 inch split rail fence on the western portion of the site. (c) Ail childcare center activities shall be conducted within the main structure and the fenced-in play area.