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R -22 -03 <br />A RESOLUTION GRANTING A USE PERMIT (UP- 22 -01) TO MARLON <br />MILLIGAN TO OPERATE AN ENTERTAINMENT ESTABLISHMENT IN A <br />RESTAURANT AND SPORTS BAR AT 600 COURT STREET (TAX PARCEL <br />0013 - 0170). <br />WHEREAS, Marlon Milligan, the lessee (or agent for the lessee) of the subject <br />property, has made application pursuant to Section 40.2 -533 of the Code of the City of <br />Portsmouth, Virginia for the granting of a use permit to operate an entertainment <br />establishment in a restaurant and sports bar at 600 Court Street (Tax Parcel 0013- 0170); <br />and <br />WHEREAS, Louis Esther Corporation, the owner of the subject property, has <br />consented to the application; and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the approval with <br />conditions of the application for a use permit. <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it has reviewed and considered the application materials, the City <br />staff report, the proceedings and recommendation of the Planning Commission, all <br />comments made at the public hearing, and the discussion of the Council regarding the <br />application. <br />2 That it has considered factors it deemed applicable and consistent with the <br />Code of Virginia, which may include, without limitation, the nature, extent, external <br />effects, location, design or method of operation of the requested use, the City's <br />comprehensive plan, and the public health, safety, and general welfare. <br />3. That it has considered the imposition of conditions regarding the location, <br />character, and other features of the proposed use and finds and determines that the <br />conditions imposed by this Resolution are necessary to ensure compliance with the <br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse <br />effects from the proposed use. <br />4. That based on its review and consideration, it has determined that the use <br />permit requested by the subject application should be GRANTED WITH <br />CONDITIONS as provided in this Resolution. <br />5. That Marlon Milligan is hereby granted a use permit pursuant to Section <br />40.2 -533 of the Code of the City of Portsmouth, Virginia to operate an entertainment <br />