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R-09-06 A RESOLUTION GRANTING A USE PERMIT (UP-OS-IS) TO JAMES FRANCIS TO OPERATE A GALLERY AND RESTAURANT AT 305 COLUMBIA STREET. WHEREAS, James Francis 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 a gallery and restaurant at 305 Columbia 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 James Francis 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 305 Columbia Street, and being more particularly described as: UP-OS-IS 305 Columbia Street Beginning a point 140.08':1: west of the southwest comer of Columbia Street and Guardian Court; thence, in a southerly direction 120':1: to a point; thence, in a westerly direction