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July 22, 2003 <br /> <br /> WHEREAS, the applicant and the Planning Director have done all things required to <br />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 Portsmouth, <br />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 working in <br />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; and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br /> 2. That Audrey Ling is hereby granted a use permit pursuant to Section 40-43.1 of the <br />Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant at 623 High <br />Street, and being more particularly described as: <br /> <br />UP-03-14 <br /> <br />Beginning at a point 140+/- east of the intersection of Green <br />Street and High Street: thence in an easterly direction 40' +/- <br />to a point; thence, in a southerly direction 230'+/- to a point; <br />thence in a westerly direction 40 ' +/- to a point; thence, in a <br />northerly direction 230 '+/- to a point of beginning. <br /> <br /> 3. That the use permit is approved subject to the following conditions which shall be <br />observed by the applicant and any successor in interest: <br /> <br />(a) The facility shall be limited to no more than 188 seats. <br /> <br /> (b) The hours of operation shall be limited to between 11:00 a.m. to 11:00 <br />p.m., Sunday through Thursday, and between 11:00 a.m. to 11:30 p.m., Friday and <br />Saturday. <br /> <br /> (c) All exterior modifications must be reviewed and approved by the <br />Downtown Design Committee. <br /> <br /> (d) The applicant shall comply with the trash/garbage plan approved by <br />General Services with respect to the handling, storage, and disposal of trash and <br />garbage. <br /> <br />(e) The applicant shall provide a minimum of 47 off-street parking spaces. <br /> <br /> (f) All taxes and fees owed or collected in connection with the subject <br />property and operation shall be paid when due. <br /> <br /> (g) The applicant and any successor in interest shall comply with all <br />applicable statutes, ordinances and regulations of federal, state and local governments <br />shall obtain and maintain in effect all required permits. <br /> <br /> <br />