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A RESOLUTION GRANTING A USE PERMIT TO THE PORTSMOUTH COMMUNITY SERVICES BOARD TO OPERATE A GROUP HOME FOR MENTALLY RETARDED ADULTS AT 242 ELM AVENUE. WHEREAS, Francis J. and Peggy Nadeau has made application on behalf of the Portsmouth Community Services Board pursuant to Section 40-78 (b) of the Code of the City of Portsmouth, Virginia, as amended, for the granting of a use permit as hereinafter-described; 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. 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 use or injurious to the property or improvements in the neighborhood; and (c) Will be in accord with the purposes of the Zoning Chapter of the City Code. 2. The Portsmouth Community Services Board is hereby granted a use permit pursuant to Section 40-78 (b) of the Code of the City of Portsmouth, Virginia, to operate a group residence for eight (8) mentally retarded adults at 242 Elm Avenue [UP-85-8). 3. The following conditions are prescribed for this use permit: (a) Not more than eight (8) clients of the Portsmouth Community Services Board may be residents at any one time. (b) All fire, building and health codes must be met prior to occupancy. (c) The applicant shall comply with all applicable codes, ordinances, policies and regulations of federal, state and local governments.