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295 <br /> JanU~ <br /> <br /> WHEREAS, the applicant and ~he 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 said <br />use permit with conditions. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, <br />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) <br /> <br />(c) <br /> <br />Will not be detrimental to the public use or injurious to the property or <br />improvements in the neighborhood; <br /> <br />Will be provided with sufficient landscaping to insure compatibility <br />with surrounding uses; <br /> <br />(d) <br /> <br />Will be a project that will be develOped according to a Plan for <br />parking, driveways, and curb cuts which will provide for safe and <br />convenient traffic movement; and <br /> <br />(e) Will be in accordance with the purposes of the City of Portsmouth <br /> Zoning Ordinance. <br /> <br /> 2. That Norman Malbon 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 an <br />antique store and art gallery on property located at 233 High Street, and being more <br />particularly described as: <br /> <br /> Beginning at the southwestern intersection of High Street and Crawford Street <br />thence west 284.2 feet along the southern right-of-way line of High Street to a point; <br />thence south 113.66 feet to a point; thence west 74.24 feet to a point; thence north <br />113.81 feet along the eastern right-of-way line of Middle Street to point; thence east <br />74.66 feet a long the southern right-of-way line of High Street to the point of beginning. <br /> <br /> 3. That this use permit is approved subject t° the following conditions: <br /> <br /> (a) The applicant shall obtain a commercial re-inspection for the facility by <br /> the City's Fire Prevention Bureau, Public Health Department and <br /> Building Official. <br /> <br />(b) The applicant Shall comply with all applicable codes, ordinances and <br /> regulations of federal, state, and local gOvernments, and shall obtain <br /> and maintain in effect all necessary licenses and permits. <br /> <br />(c) All real estate taxes, personal property taxes, and business license <br /> taxes Owed on or in connection with the property shall be timely paid. <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 />97-275 Code Amendment: <br /> <br />97-275(c): <br /> <br /> "ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF <br />PORTSMOUTH VIRGINIA (1988) BYAMEND NG SECTION 40,22 AND TABLES 40-43.1- <br />2 AND 40'43,1-3 THEREOF PERTAINING TO EATING AND ENTERTAINMENT <br />ESTABLISHMENTS." <br /> <br /> <br />