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December 3, ~97~ <br /> <br />on <br /> <br /> Zoning Petition Z 73-31 - Petition of Melvin Anderson Estate <br /> Mr. Paige M. Taylor, Agent, spoke. <br /> Motion of Mr. Smith and seconded by Mr. Early, to approve the <br />first reading, and by the following vote: <br /> <br />ordinance <br /> <br />"ZONING AMENDMENT ORDINANC£ Z 73-31' <br /> <br />Ayes: Early, Holley, King, Smith, Wentz <br />Nays: None <br /> <br />USE PERMIT 73-6 Petition of Mrs. Philgrador D. Duke, Administrator <br /> <br />Mrs. Philgrador D. Duke spo~ke. <br /> <br /> On motion of Mr. Holley and seconded by Mr. Early, the following resolution was <br />adopted, and by the following vote: <br /> <br />"A RESOLUTION GRANTING A USE PERMIT FOR THE OPERATION OF A DAY CARE CENTER <br />ON'BAGLBY STREET BETWEEN KILLIAN AVENUE AND ~OX STREET (UP-73-6). <br /> <br /> WHEREAS, Mrs. <br />Section 4-2 of the <br />of a use permit as <br /> <br />Philgrador D. Duke, Administrator, has made application pursuant to <br />Zoning Ordinance of the City of Portsmouth, 1972, for the granting <br />hereinafter described; and <br /> <br /> ~EREAS, the applicant and the Planning Director have accomplished all transactions <br />required to be completed in connection with said application; and <br /> <br /> WHEREAS, the Planning Commission has considered the application for such use permit <br />and recommended favorable disposition. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: <br /> <br /> Th t th ; r which the use permit herein <br /> A. a e Council expressly finds that the use ~o_ <br />described is sought (1) will not adversely affect the health or safety of persons residing <br />or working in the neighborhood of the proposed use, (2) that it will not be detrimental <br />to the public welfare, and (3) that it will be in accord with the purposes of said Zoning <br />Ordinance. <br /> <br /> B. That Mrs. Philgrador D. <br />4-2 of said Zoning Ordinance for <br />described as follows: <br /> <br />Duke is hereby granted a use permit-pursuant to Section <br />the Operation of a day care center, located on the propert <br /> <br /> Beginning on the west side of Bagley Street approximately 60 feet south <br />of its intersection with Killian Avenue; thence southerly along Bagley <br />Street.approximately 75 feet to a side property line; thence westerly <br />approximately 160 feet to a rear property line; thence northwest approximately <br />20 feet; thence north approximately 45 feet; thence easterly approximately <br />147 feet to Bagley Street, the point of origin." <br /> <br />Ayes: Early, Holley, King, Smith, Wentz <br />Nays: None <br /> <br />The following ordinance was read: <br /> <br />"AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, BY <br />ADDING TO CHAPTER 39 THEREOF (ZONING ORDINANCE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1972) A NEW SECTION PERTAINING TO CERTAIN NONCONFORMING USES IN <br />THE HISTORIC DISTRICT." <br /> <br />The following spoke in favor of the ordinance: <br /> <br />H. Thomas Ferrell, Attorney <br />Adm. Jamie Adair (Ret.), 362 Washington Street <br />Gene Larkin, Coordinator, Div. of Alcoholism Services <br />Rev. Lewis Cobb, Trinity Episcopal Church <br /> <br />T=he following spoke against the ordinance: <br /> <br />Edward E. Williams, address unknown <br />W. A. Burton,410 Glasgow Street <br />Vincen~DiPaolo, 408 Court Street <br />Dennis Caravas, 316 London Street <br />Ms, Celestia Kerans, 427 Court Street <br />Nick Caparelli, 408 Court Street <br /> <br />The following petition was presented: <br /> <br /> "We, <br />continued <br />Thomas E. <br /> <br />the undersigned homeowners and residents of Olde Towne strongly protest <br />operation or expansion of the Flynn Home in our neighborhood. Signed by <br />Hilton, Jr., 3S7 Dinwiddie Street and others" <br /> <br />the <br /> <br /> On'motion of Mr. Wentz and seconded by Mr. Early, the ordinance was approved on <br />first reading, and by the following vote: <br /> <br /> <br />