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R-06-54 A RESOLUTION GRANTING A USE PERMIT TO THE ELIZABETH RIVER PROJECT AND TO B. DAVID PECK TO EXCA V A TE AND SELL EXCA V A TED MATERIAL AT 1141 VICTORY BOULEVARD. WHEREAS, The Elizabeth River Project and B. David Peck have 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 to excavate and sell excavated material at 1141 Victory Bouevard, Portsmouth, Virginia; and WHEREAS, the applicants 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 the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the 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 mJunous to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to msure 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 Elizabeth Rive!" Project and B. David Peck are hereby granted a use permit pUl'SLlant to Scction 40-43.1 of the Code or the City of Portsmouth, Virginia (1988) to excavate and sell excpsatcd material at j 141 Vicwry Boulevard, Portsmouth, Virginia, and being mor~ particularly described as: UP.:il6-08 BeginEil1.~~ :1.. ~1, p'c"operty now 'J~' ;)~,jT'.t :,,~ the norther. property l;n~ 'J! u\/Ined by Giant Import.s: lnc. n:}