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24 A RESOLUTION GRANTING A USE PERMIT TO PORTSMOUTH AREA UNITED FUND AND MILLER DAY NURSERY TO OPERATE A DAY NURSERY/KINDERGARTEN PURSUANT TO SECTION 40-78(b) OF THE CODE OF THE CITY OF PORTS- MOUTH, VIRGINIA, 1973. WHEREAS, John R. Nazarro, Executive Director of-th~~**~'* Portsmouth Area United Fund, has made ~pplication for a use permit for Miller Day Nursery to operate a day*nursery~kindergarten pursuant to Section 40-78(b) of the' Code of the City of Portsmouth, Virginia; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said appli- cation; and WHEP~EAS, 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: of persons posed use; (a) Will not adversely affect the health and safety residing or working in the neighborhood of the pro- (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 Area United Fund and Miller Day Nursery are hereby granted a use permit pursuant to Section 40-78(b) of the Code of the City of Portsmouth, Virginia, to operate a day nursery/kindergarten on property.to be leased from the City of Portsmouth comprising a portion of the former Robert E. Lee Elementary School on Camden Avenue. 3. This use permit is granted subject to the following conditions: (a) That the operator of the day nursery/kindergarten obtain certificates of approval from such agencies of the Commonwealth of Virginia as may be required by the law of the Commonwealth of Virginia for the operation of a day nursery/ kindergarten.