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At a Regular Meeting <br />there were present: <br /> <br /> Au.qust 24~ 2004 <br />of the City Council <br /> <br /> 07 <br /> <br />on Tuesday, August 24, 2004, <br /> <br />Mayor James W. Holley III, Vice Mayor William E. Moody, Jr., Charles B. Whitehurst, Sr., <br />Stephen E. Heretick, Elizabeth M. Psimas, Ray A. Smith, Sr., Interim City Manager <br />James B. Oliver, Jr., City Attorney G. Timothy Oksman. <br /> <br /> Councilman Stephen E. Heretick opened the meeting with prayer, which was <br />followed by the Pledge of Allegiance to the Flag. <br /> <br />Mayor Holley called the meeting to order and welcomed all in attendance. <br /> <br /> Motion by Mr. Whitehurst, and seconded by Mr. Heretick, to approve the minutes <br />of a Called Meeting on August 10, 2004, and a Regular Meeting on August 10, 2004, <br />and was adopted by unanimous vote. <br /> <br />Unfinished Business - <br /> <br />Consent Agenda <br /> <br />04 - 299 - Use permit and rezoning: <br /> <br />1. Mark Geduldig-Yatrofsky, 363 Middle Street, spoke in support of this item. <br /> <br /> Motion by Mr. Whitehurst, and seconded by Mr. Moody, to adopt the following <br />resolution and ordinance, approved on first reading at the August 10, 2004 meeting, and <br />was adopted by the following vote: <br /> <br />04-299(a): <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO NOBLE STREET BAPTIST <br />CHURCH TO OPERATE A RELIGIOUS FACILITY BASED CHILD CARE CENTER AT <br />100 NOBLE STREET. <br /> <br /> WHEREAS, Noble Street Baptist Street has made application for a use permit, <br />pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the <br />operation of a religious facility based child care center (S.I.C. 835) at 100 Noble Street, <br />Portsmouth, 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 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 /> <br />