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R-09-40 A RESOLUTION GRANTING A USE PERMIT (UP- 09-07) TO OPERATE ENTERT AINMENT ESTABLISHMENT AT 448 GREEN STREET. WHEREAS, Carmencita Kelly 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 for the operation of an entertainment establishment at 448 Green Street, 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 a use permit is hereby granted pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation of an entertainment establishment at 448 Green Street, and being more particularly described as: UP-09-07 448 Green Street Beginning at the northwest comer of the intersection of Green and Queen Streets; thence, north 85':1: to a point;