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R-07-38 A RESOLUTION GRANTING A USE PERMIT (UP- 11) TO JOHN FRAHM TO OPERATE A RESTAURANT AT 3107 AIRLINE BOULEVARD. WHEREAS, John Frahmhas made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting ofa use permit for the operation of a restaurant at 3107 Airline Boulevard, Portsmouth, Virginia; 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 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 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 John Frahm is hereby granted a use permit pursuant to Section 40- 43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation ofa restaurant at 3107 Airline Boulevard, and being more particularly described as: UP-07-11 All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Portsmouth, Virginia, and bounded and described as follows: Beginning 259 feet Northeast of the Southeast corner of the intersection of Airline Boulevard