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. . . R-05-10 A RESOLUTION GRANTING A USE PERMIT TO THE BIER GARDEN, INC., FOR A RESTAURANT AT 432 HIGH STREET. WHEREAS, The Bier Garden, Inc., has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit for the operation of a restaurant at 432 High Street, Portsmouth, Virginia; and WHEREAS, the applicant and the Plarming Director have done all things required to be done in connection with said application; and WHEREAS, the Plarming Commission has recommended the granting of the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Portsmouth, Virginia: I. That it finds that the use for which the 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 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. 2. That The Bier Garden, Inc., is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant at 432 High Street, and being more particularly described as: UP-04-24 Beginning at a point 45 feet east of the north-east corner of High Street and Dinwiddie Street; thence, in an easterly direction 45 feet +/- to a point; thence, in a northerly direction 113 feet +/- to a point; thence, in a westerly direction 16 feet +/- to a point; thence, in a