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2. That John and Rh0nda:J0hns~6~ ~r~ hbreby granted a use permit pursuant to <br />Section 40-43.1 of the COde of the City of Portsmouth, Virginia (1988) for the operation <br />of a marina, crab house, and retail operatiOn on property located at 1128 Harrell Street, <br />and being more particUlarly described as: <br /> <br />UP-98-09 <br /> <br /> Beginning at the northwest intersection of Harrell Street and <br />Webster Avenue at a point; thence, north 142'+/- to a point; thence, <br />west 270'+/- to a point; thence, south 142'+/- to a point; thence, <br />east 270' +/- to the point of beginning. <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br /> (a) The site must be developed in accordance with the approved <br /> site plan on file in the offices of the Division of Planning and <br /> Zoning and the proffers incorporated in the approved Waterfront <br /> W-I-K zoning district (Z-98-05). The Director of the Community <br /> Quality and Planning Services Department may approve minor <br /> modifications to the plan. <br /> (b) Any revisions to the site plan or elevations made necessary <br /> through the application process must be submitted to the <br /> Department of Community Quality and Planning Services for <br /> approval prior to the issuance of building permits, <br /> (c) The final design of the madna shall be in accord with the <br /> requirements of the zoning ordinance including the provision of <br /> one parking space for every two slips. <br /> (d) Prior to the issuance of a building permit, the applicant must <br /> obtain all necessary environmental permits. <br />(¢) The elevations must be reviewed and approved by the <br /> Commission of Architectural Review for Port Norfolk and Park <br /> View. <br />(0 No inoperative vehicles or machinery shall be stored on the <br /> ~ premises. <br />(g) After the construction of the parking lot, Phase One, the <br /> remaining two structures fronting Harrell Street will receive <br /> temporary facade treatment in an effort to provide a more <br /> pleasing environment within the neighborhood. <br />(h) All fencing should be treated wood unless otherwise approved <br /> by the Commission of Architectural Review. <br />d) A 5' landscaping strip will be installed and maintained along <br /> Harrell Street as the responsibility of the property owner after <br /> approval of its design by the City Arborist. <br />(j) All taxes owed on the property or in connection with the <br /> proposed operation shall be paid when due. <br />(k) This use permit is not transferable. <br />(1) The facility shall comply with all applicable federal, state, and <br /> local codes, ordinances and regulations, and shall obtain and <br /> shall maintain in effect all necessary licenses and permits. <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 />99~56(c): <br /> <br />"ZONING AMENDMENT ORDINANCE S-98-07" <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Robinett, Whitehurst, Holley <br />Nays: None <br /> <br /> <br />