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April 27, 2004 <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 /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia that: <br /> <br /> 1. A use permit for the operation of an eating establishment at 429 and 433 <br />High Street is hereby granted subject to the following terms and conditions that shall <br />apply to the applicant and any successor in interest: <br /> <br />(a) The seating capacity of the eating establishment shall be 38 persons. <br /> <br /> (b) Days and hours of operation shall be 10:00 a.m. to 7:00 p.m., Monday <br />through Saturday, and 12:00 p.m. to 5:00 p.m. on Sunday. <br /> <br />(c) The proposed business shall comply with the submitted floor plan. <br /> <br /> (d) <br />business. <br /> <br />Two (2) off-street parking spaces shall be maintained for the proposed <br /> <br /> (e) Signage and exterior changes to the structure shall be reviewed and <br />approved by the Downtown Design Committee. <br /> <br /> (f) The proposed business shall comply with the submitted trash-handling plan <br />approved by the Department of General Services on February 13, 2004, which allows <br />for city trash removal and the placement of the trash containers at the rear of the <br />establishment. <br /> <br /> (g) All taxes and fees in connection with the subject property and the proposed <br />use shall be paid when due. <br /> <br /> (h) The applicant shall obtain all required licenses and permits and shall <br />maintain them in full force and effect. <br /> <br /> 2. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-106.1 of the Code of the City of Portsmouth, Virginia (1988), the use permit shall <br />expire for any portion of the approved project for which building permits have not been <br />issued if the applicant fails to apply for all building permits for the entire project within <br />one year of the adoption of this resolution. <br /> <br /> 3. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the permit by the City Council." <br /> <br />04-138(c): <br /> <br />"A RESOLUTION GRANTING APPROVAL OF A USE PERMIT (UP-04-05) TO ESW <br />WESTERN BRANCH ASSOCIATES, LLC, FOR A SELF-STORAGE FACILITY AT <br />3400 WESTERN BRANCH BOULEVARD. <br /> <br /> <br />