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February 24, 2004 <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 /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia that: <br /> <br /> 1. Tim and Shannon Woodland are hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) to operate an <br />entertainment establishment at 300 High Street, and being more particularly described <br />as: <br /> <br />UP-04-02 <br /> <br /> Beginning at the northwest corner of the intersection of <br />Middle Street and High Street; thence in a northerly direction <br />approximately 60' to a point; thence in a westerly direction <br />approximately 30' to a point; thence in a southerly direction <br />approximately 60' to a point: thence in a easterly direction <br /> <br />approximately 30' to the point of beginning. <br /> <br /> 2. 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 no more than 20 seats. <br /> <br /> (b) The hours of operation shall be from 7:00 a.m. - 8:00 p.m. Monday <br />through Thursday and 7:00 a.m. - 11:00 p.m. Friday and 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 the <br />Department of General Services on November 24, 2003. <br /> <br />(e) The entertainment will be limited to three performers with no amplification. <br /> <br /> (f) The applicant shall provide a minimum of two off-street parking spaces for <br />employees. The applicant must provide proof to the Planning and Zoning Department <br />prior to obtaining a Certificate of Occupancy. <br /> <br /> (g) All taxes and fees owed or collected in connection with the subject <br />property and operation shall be paid when due. <br /> <br /> (h) The applicants 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 /> (i) The applicants shall not violate any laws of the Commonwealth or <br />ordinances of the City related to peace and good order, nor suffer repeated or chronic <br />violations by any of its patrons or customers. <br /> <br /> If, the Chief of Police, in his discretion, determines that there are sufficient <br />violations of this type to comprise a significant law enforcement problem, then he shall <br />so notify the applicant in writing and shall offer to meet to provide advice on how to <br />lessen and avoid repeated offenses against peace and good order. A copy of this letter <br />shall be provided to the Director of Planning and Zoning. If, within six months of the date <br />of this letter, said Director, in his discretion, determines that offences against peace and <br />good order are continuing, then he may initiate proceedings for the revocation of this <br />permit. <br /> <br /> <br />