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16 A RESOLUTION GRANTING A USE A CHILD CARE CENTER AT 6297 PERMIT TO NAOMI M. RAY TO OPERATE PORTSMOUTH BOULEVARD (UP-85-35). WHEREAS, Naomi M. Ray has made application pursuant to ~40-70 (b) of the Code of the City of Portsmouth, Virginia, 1973, for the grantinq of a use permit to operate a child care center at 6297 Portsmouth Boulevard; and WHEREAS, the applicant and the done all things required to be done application; and Planning Director have in connection with said WHEREAS, the Planning Commission has recommended the granting of a use permit for the operation of a child care center. 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 adversely affect safety of persons residing or working in the proposed use; the health and the neighborhood of (b) inj urlous to ne ig hbor hood; Will not be detrimental to the public the property or improvements in the and use or (c) Will be in accordance with the purposes of the Zoning Chapter of the City Code. 2. Naomi M. Ray is hereby granted a use permit pursuant to ~40-70 (b) of the City Code to operate a child care center at 6297 Portsmouth Boulevard (UP-85-35). 3. The use permit is approved subject to the following conditions: (a) The child care center may be operated with an enrollment of not more than twenty five (25) children to be cared for at the facility at any one time. (b) Ail outdoor play activities shall be conducted within a fenced play area and between the hours of 8:00 a. m. and 6:00 p. m. with no more than sixteen (16) children outside at any one time. A five foot (5') high wooden fence shall be installed to enclose the proposed rear play area. (c) Ail health, fire and building codes must be met prior to commencement of operation of the facility.