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February 26, 2002 <br /> <br /> At a Regular Meeting of the City Council on Tuesday, February 26, 2002, <br />there were present: <br /> <br />Mayor James W. Holley III, Vice Mayor Bernard D. Griffin, Sr., Cameron C. Pitts, <br />J. Thomas Benn III, William E. Moody, Jr., Charles B. Whitehurst, Sr., City Manager <br />Daniel M. Stuck, City Attorney G. Timothy Oksman. <br /> <br /> Councilman J. Thomas Benn III opened the meeting with prayer, which was <br />followed by the Pledge of Allegiance to the Flag. <br /> <br />Mayor Holley called the meeting to order and welcomed all in attendance. <br /> <br /> Motion by Mr. Pitts, and seconded by Mr. Whitehurst, to approve the minutes of a <br />Called Meeting on February 11, 2002, a Called Meeting on February 12, 2002, and a <br />Regular Meeting on February 12, 2002, and was adopted by unanimous vote. <br /> <br />- Unfinished Business - <br /> <br />02 - 36 - Use Permit: <br /> <br /> Motion by Mr. Benn, and seconded by Mr. Pitts, to adopt the following resolution, <br />approved at the February 12, 2002 meeting, and was adopted by the following vote: <br /> <br />02-36(a): <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO DAVID AMORY FOR THE <br />OPERATION OF A RESTAURANT AND TWO APARTMENT UNITS AT 446-448-450 <br />GREEN STREET. <br /> <br /> WHEREAS, David Amory has made application pursuant to Section 40-43.1 of <br />the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to <br />operate a restaurant and two apartment units at 446-448-450 Green Street, Portsmouth, <br />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 David Amory is hereby granted a use permit pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant <br />and two apartment units on property located at 446-448-450 Green Street, and being <br />more particularly described as: <br /> <br /> <br />