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March 27, 2001 <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO KENNY A. ELEZZAH FOR THE <br />OPERATION OF A GAS STATION AT 1428 EFFINGHAM STREET. <br /> <br /> WHEREAS, Stephen I. Boone and Associates, agent for the owner of the <br />subject property, Kenny A. Elezzah, has made application pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to <br />operate a gas station at 1428 Effingham Street, Portsmouth, Virginia; 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 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 Kenny A. Elezzah is hereby granted a use permit pursuant to Section 40- <br />43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a gas <br />station on property located at 1428 Effingham Street, and being more particularly <br />described as: <br /> <br />UP-01-03 <br /> <br /> Beginning at the southwest corner of Effingham Street <br />and Duke Street; thence, in a westerly direction 235.47'+ to a <br />point; thence, in a southerly direction 100'+ to a point; thence in <br />an easterly direction 239.28'+ to a point; thence, in a northerly <br />direction 105'+ to a point of the beginning. <br /> <br />3. That the use permit is approved subject to the following conditions: <br /> <br /> (a) <br />plan. <br /> <br />The proposed project shall conform to the submitted site and landscaping <br /> <br /> (b) <br />Code. <br /> <br />The applicant shall fulfill the minor subdivision requirements of the City <br /> <br /> (c) The hours of the proposed operation shall be between 6:00 a.m. to 11 <br />p.m., Sunday through Thursday and between 6:00 a.m. and midnight on Friday and <br />Saturday. <br /> <br /> (d) The applicant shall submit for approval to the City Planning Director a <br />canopy design that will be architecturally compatible with the fire station across the <br />street and the structure already on the subject property. <br /> <br /> (e) The applicant shall comply with all applicable codes, ordinances, and <br />regulations of federal, state and local governments and shall obtain and maintain in <br />effect all necessary licenses and permits. <br /> <br /> <br />