Minutes 11/23/2004 - Laserfiche WebLink

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November 23, 2004 WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions; and WHEREAS, the Council of the City of Portsmouth, Virginia finds that the use for which the permit is sought: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and convenient traffic movement; and (e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that: 1. Vicki Parker is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) to operate an entertainment establishment at 455 Court Street, and being more particularly described as: UP-04-21 Beginning at the southeast corner of the intersection of Court Street and Queen Street; thence in a easterly direction approximately 85' to a point; thence in a southerly direction approximately 45' to a point; thence in a westerly direction approximately 85' to a point; thence in a northerly direction approximately 45' to the point of beginning. 2. The use permit is approved subject to the following conditions that shall be observed by the applicant and any successor in interest: (a) The facility shall be limited to no more than 46 seats. (b) The hours of operation shall be from 11:30 a.m. - 11 p.m. Sunday through Wednesday and 11:30 a.m. to 1 a.m. Thursday through Saturday. (c) All exterior modifications must be reviewed and approved by the Downtown Design Committee. (d) The applicant shall comply with the trash/garbage plan approved by the Department of General Services on September 15, 2004. (e) The entertainment shall be limited to no more than 3 performers with no amplification. (f) The applicant shall provide a minimum of three off-street parking spaces for employees. The applicant must provide proof to the Planning and Zoning Department prior to obtaining a Certificate of Occupancy. (g) All taxes and fees owed or collected in connection with the subject property and operation shall be paid when due.