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January 12, 1999 <br /> <br />98-272(a): <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO EDWARD COLDEN, SR., FOR <br />THE OPERATION OF A CHILD DAY CARE FACILITY AT 533 LENORA AVENUE. <br /> <br /> WHEREAS, Edward Colden, Sr., has made application pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a <br />use permit to operate a child day care facility to be located at 533 Lenora Avenue, <br />Portsmouth, Virginia, as hereinafter-described; and <br /> <br /> WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br /> WHEREAS, the Planning Commission has recommended the granting said <br />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 the use for which the permit hereinafter-described 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 <br />movement; and <br /> <br />(e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br /> 2. That Edward Colden, Sr., is hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the <br />operation of a child day care facility on property located at 533 Lenora Avenue, and <br />being more particularly described as: <br /> <br />UP-98-17 <br /> <br />Beginning at the southwest corner of Mascott Street and Lenora <br />Avenue; thence, in a westerly direction 120.4'+ to a point; thence, in a <br />northerly direction 100'+ to a point; thence, in an easterly direction <br />120.4'+ to a point; thence, in a southerly direction 100'+ to a point of the <br />beginning. <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br /> (a) <br />children. <br /> <br />Occupancy of the facility shall be limited to no more than thirty-nine <br /> <br />(b) <br /> <br />No more than five children under the age of 30 months shall be present <br />in the facility at any time. <br /> <br />(c) <br /> <br />Outdoor activities shall be limited to between the hours of 8:00 A.M. and <br />6:00 P.M. Indoor hours of operation shall be limited to between <br />6:00A. M. and 6:00 P.M. <br /> <br />(d) The play area shall be enclosed by a fence at least four feet in height. <br /> <br />(e) <br /> <br />The applicant shall provide at least ten paved on-site, off street parking <br />spaces for use by the facility. <br /> <br /> <br />