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July 24, 2001 <br /> <br /> WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That it finds that the use for which the permit is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing or <br />working in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to the public use or injurious to the property or <br />improvements in the neighborhood; <br /> <br /> (c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br /> (d) Will be a project that will be developed according to a plan for parking, <br />driveways, and curb cuts which will provide for safe and convenient traffic movement; <br />and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br /> 2. That Jorge A. Macias is hereby granted a use permit pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a <br />restaurant on property located at 4010 George Washington Highway, and being more <br />particularly described as: <br /> <br />UP-01-12 <br /> <br /> Beginning at a point 156'+ south of the southwest <br />corner of the intersection of George Washington Highway and <br />Greenwood Drive; thence, in a westerly direction 127'+ to a <br />point; thence, north 114'+ to a point; thence, west 60'+ to a <br />point; thence, south 281'+ to a point; thence, east 65'+ to a <br />point; thence, in a northeasterly direction 188'+ to the point of <br />the beginning. <br /> <br />3. That the use permit is approved subject to the following conditions: <br /> <br /> (a) The hours of operation shall be limited to between 11:00 a.m. and 10:00 <br />p.m. Monday through Thursday; 11 '00 a.m. to 11:00 p.m. Friday; 12:00 noon to 11:00 <br />p.m. Saturday; and 12:00 noon to 10:00 p.m. Sunday. <br /> <br /> (b) The applicant and any successor in interest shall comply with all <br />applicable codes, ordinances, and regulations of federal, state and local governments <br />and shall obtain and maintain in effect all necessary licenses and permits. <br /> <br /> (c) All activities conducted on the subject property shall comply with City of <br />Portsmouth Noise Ordinance (Section 24-255) as amended. <br /> <br /> (d) The applicant shall develop a plan for trash storage, handling, and <br />removal and shall submit the plan for approval to the Director of General Services. <br /> <br /> (e) All taxes and fees in connection with the subject property and operation <br />shall be paid when due. <br /> <br /> 4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br /> <br />