Minutes 05/08/2001 - Laserfiche WebLink

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May 8, 2001 Motion by Mr. Whitehurst, and seconded by Mr. Robinett, to concur with the recommendation of the Planning Commission that UP-01-09 be approved on first reading, and was adopted by unanimous vote. (c) UP-01-10 DOWNTOWN NEIGHBORHOOD - Frances W. Steward requests a use permit for a children's toy store and food sales at 516 Middle Street Mall. The site is zoned Downtown D-I-TCA. The Comprehensive Plan recommends commercial development of the site. 1. Frances W. Steward, 1401 Carson Crescent West, spoke in support of the use permit. Motion by Mr. Pitts, and seconded by Mr. Benn, to concur with the recommendation of the Planning Commission that UP-01-10 be approved on first reading, and was adopted by unanimous vote. - Unfinished Business - 01 - 134 - Code amendment, use permit, and group housing applications: Motion by Mr. Robinett, and seconded by Mr. Moody, to adopt the following ordinance, approved at the April 24, 2001 meeting, and was adopted by the following vote: 01-134(a): "AN ORDINANCE TO AMEND CHAPTERS 32 AND 40 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 40-44.4(a), BY ADOPTING NEW SECTIONS 40-44.5 AND 40-44.5.1, AND BY REPEALING SECTION 32-39 PERTAINING TO FENCES AND WALLS." Ayes: Benn, Griffin, Moody, Pitts, Robinett, Whitehurst, Holley Nays: None Motion by Mr. Moody, and seconded by Mr. Robinett, to adopt the following resolution, approved at the April 24, 2001 meeting, and was adopted by the following vote: 01-134(b): "A RESOLUTION GRANTING A USE PERMIT TO JOHNATHAN BOGGS FOR THE OPERATION OF A RESTAURANT AT 440 HIGH STREET. WHEREAS, Johnathan Boggs, has made application pursuant to Section 40- 43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to operate a restaurant at 440 High Street, Portsmouth, Virginia; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses;