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R -19 -22 A RESOLUTION GRANTING A USE PERMIT (UP- 19 -08) TO KABEL & KIM, L.L.C. TO CONSTRUCT AND OPERATE A COFFEE SHOP AND RESTAURANT WITH DRIVE - THROUGH SERVICE AT 5901 WEST HIGH STREET (TAX PARCEL 0816 - 0030). WHEREAS, Kabel & Kim, L.L.C., the owner of the subject property, by and through its agent R. Troy Parker, has made application pursuant to Section 40.1 -2.313 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to construct and operate a coffee shop and restaurant with drive - through service at 5901 West High Street (Tax Parcel 0816- 0030); 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: That it finds that the use for which the permit is sought: (a) Complies with the applicable standards of the Zoning Ordinance; (b) Is consistent with the comprehensive plan; (c) Is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; (d) Is configured to minimize adverse effects, including the visual impacts of the proposed use on adjacent lands; (e) Avoids significant deterioration of water and air resources, and other natural resources; (f) Maintains safe and adequate egress and ingress onto the site, and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning districts; and (h) Complies with all other city, state, and federal laws and regulations. 2. That Kabel & Kim, L.L.C. is hereby granted a use permit pursuant to Section 40.1- 2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct