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June 8, 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. Michael A. Mabry, t/a Large Brothers Catering, is hereby granted a use <br />permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia <br />(1988) to operate a restaurant and catering facility at 430 Broad Street, said property <br />being more particularly described as: <br /> <br />UP-04-09 <br /> <br /> Beginning approximately 120 feet north of the <br />intersection of Detroit Street and Broad Street along the <br />western right-of-way line of Broad Street; thence north <br />approximately 120 feet to a point; thence west approximately <br />140 feet to a point; thence north approximately 100 feet to a <br />point; thence east approximately 140 feet to a point; thence <br />south approximately 100 feet along the western right-of-way <br />line of Broad Street 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 applicant and any successor in interest: <br /> <br />(a) No more than 125 people shall occupy the facility at the same time. <br /> <br /> (b) <br />9:00 p.m., <br />Saturday. <br /> <br /> The hours of operation shall be limited to the hours of 11:00 a.m. to <br />Monday through Thursday, and from 10:00 a.m. to 11:00 p.m., Friday and <br /> <br /> (c) The structure shall be inspected annually by the City's Fire Prevention <br />Bureau, Public Health Department and Building Official. <br /> <br /> (d) The applicant shall comply with all applicable codes, ordinances, and <br />regulations of federal, state, and local governments and shall obtain and maintain all <br />necessary licenses and permits. <br /> <br /> (e) The applicant shall re-establish the property's front tree line that <br />provided a buffer between the building and the single-family development to the north <br />by planting evergreen trees. <br /> <br /> (f) All taxes and fees owed on or in connection with the property and the <br />subject operation shall be paid when due. <br /> <br /> (g) The applicant 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 /> <br />