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R-04-23 A RESOLUTION GRANTING APPROVAL OF A USE PERMIT FOR AN EATING ESTABLISHMENT AT 429 AND 433 HIGH STREET. WHEREAS, Nancy Alberts has made application pursuant to Section 40-I 12 of the Code of the City of Portsmouth, Virginia (1988), as amended, for approval ora use permit to operate an eating establishment at 429 and 433 High Street; and WHEREAS, the subject property is more particularly described as follows: UP-04-04 Beginning m the southeast comer of High and Dinwiddie Streets; thence, in an easterly direction 40'± to a point; thence, in a southerly direction 57'± to a point; thence, in a westerly direction 40'± to a point; thence, in a northerly direction 57'* to the point of beginning. and WHEREAS, the Planning Commission has rewewed such application and site plan submitted therewith and has recommended conditional approval of said application; and WHEREAS, the applicant is aware that building permits and any other required permit will be issued only upon compliance with the ordinances, laws or regulations applicable thereto; and WltEREAS, the Council of the City of Portsmouth, Virginia finds that the use for which the permit hereinafter-described 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 the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and convenient traffic movement; and (e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance.