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R-07-49 A RESOLUTION GRANTING A USE PERMIT (UP-07-09) TO SARAH GRANT TO OPERATE A NURSING AND PERSONAL CARE FACILITY AT 1535 MARSHALL AVENUE. WHEREAS, Sarah Grant has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit (UP- 07-09) to operate a nursing and personal care facility at 1535 Marshall Avenue, 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: 1. 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 Sarah Grant is hereby granted a use permit pursuant to Section 40- 43.1 of the Code of the City of Portsmouth, Virginia (2006) to operate a nursing and personal care facility at 1535 Marshall Avenue, Portsmouth, Virginia, and being more particularly described as: UP-07-09 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 325 feet West of the