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January 27, 2004 <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 />04-08(e): <br /> <br />"ZONING AMENDMENT ORDINANCE Z-03-15." <br /> <br />04-08(f): <br /> <br />"ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY REPEALING CONDITION 33 OF SECTION <br />40-43.4 PERTAINING TO EATING PLACES." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Randall, Whitehurst, Holley <br />Nays: <br /> <br />- Other Unfinished Business - <br /> <br />04 - 08 - Use permit: <br /> <br /> Motion by Mr. Whitehurst, and seconded by Ms. Randall, to adopt the following <br />resolution, approved on first reading at the January 13, 2004 meeting, and was adopted <br />by the following vote: <br /> <br />04-08(d): <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO DIANE WELLS TO OPERATE A <br />CHILD CARE CENTER AT 5760 CHURCHLAND BOULEVARD. <br /> <br /> WHEREAS, Diane Wells 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 for <br />the operation of a child care center at 5760 Churchland Boulevard, 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 <br />or working in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to the public use or injurious to the property <br />or improvements in the neighborhood; <br /> <br /> (c) Will be provided with sufficient landscaping to insure compatibility <br />with surrounding uses; <br /> <br /> (d) 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 convenient traffic <br />movement; and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth <br />Zoning Ordinance. <br /> <br /> 2. That Diane Wells 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 child care <br />center at 5760 Churchland Boulevard, and being more particularly described as: <br /> <br /> <br />