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July 30, 2002 <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 Colonial Foods, L.L.C., 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 operation <br />of a restaurant at 4032 Victory Boulevard, and being more particularly described as: <br /> <br />UP-02-10 <br /> <br /> Beginning at the center line intersection of Seaboard <br />/Coastline Railroad and Victory Boulevard thence south <br />approximately 660 feet along the eastern right-of-way of <br />Victory Boulevard to a point; thence east 250 feet to a point; <br />thence south 257 feet to a point; thence east 38.10 feet to a <br />point; thence south 38.21 feet to a point; thence east 188.29 <br />feet to a point; thence north 292.31 feet to a point; thence west <br />185.39 feet to the point of beginning. <br /> <br /> 3. That the use permit is approved subject to the following conditions which shall <br />be observed by the applicants and any successor in interest: <br /> <br />(a) The facility shall be limited to 54 seats. <br /> <br /> (b) The hours of operation shall be limited to the hours between 11:00 a.m. <br />and 1:00 a.m. <br /> <br /> (c) The restaurant shall be inspected annually by the City's Fire Prevention <br />Bureau, Public Health Department and Building Official. <br /> <br /> (d) All taxes and fees owed or collected in connection with the subject <br />property and operation shall be paid when due. <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 /> (f) The applicant and any successor in interest shall not violate any laws of <br />the Commonwealth or ordinances of the City related to peace and good order, nor <br />suffer repeated or chronic violations by any of its patrons or customers. If the Chief of <br />Police, in his discretion, determines that there are sufficient violations of this type to <br />comprise a significant law enforcement problem, then he shall so notify the applicant or <br />its successor in writing and shall offer to meet to provide advice on how to lessen and <br />avoid repeated offenses against peace and good order. A copy of this letter shall be <br />provided to the Director of Planning and Inspections. <br /> <br /> <br />