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<br />March 22. 2005 <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) The center shall provide services for no more than 150 children. <br /> <br />(b) The ages of the children who may be served shall be limited between 3 <br />and 18 years. <br /> <br />(c) The days and hours of operation shall be 6:30 a.m. to 6:00 p.m., Monday <br />through Friday. <br /> <br />(d) Outside play hours shall be limited to between 8:00 a.m. and 6:00 p.m. <br /> <br />(e) The applicant shall be constructed and operated in accordance with the <br />site plan and the floor plan submitted. <br /> <br />(f) The applicant shall utilize the proposed areas on the east side of the <br />building as a play yard for the daycare operation. These play areas shall be at least <br />15,000 square feet in size and shall be enclosed with a four-foot high fence. <br /> <br />(g) Sixteen on-site parking spaces shall be allocated specifically for <br />childcare <br />drop off and pick up. The parking lot and the landscaping shall comply with and be <br />maintained in accordance with the Portsmouth City Code. <br /> <br />(h) The applicant shall comply with the trash removal plan approved by the <br />Department of General Services. <br /> <br />(i) The center shall submit to all required inspections by the City's Fire <br />Prevention Bureau, the Public Health Department and the Building Official. This <br />condition shall include an initial inspection prior to the opening of the center and <br />annual inspections thereafter. <br /> <br />(j) The applicant shall comply with all applicable codes, ordinances and <br />regulations of federal, state and local governments and shall obtain and maintain in <br />effect all necessary licenses and permits. <br /> <br />(k) All taxes and fees associated with the operation shall be paid when due. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions <br />may serve as grounds for revocation of the use permit by the City Council." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Smith, to adopt the following <br />resolution, approved on first reading at the March 8, 2005 meeting, and was adopted <br />by the following vote: <br /> <br />05-104(e): <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO THE BIER GARDEN, INC., FOR <br />A RESTAURANT AT 432 HIGH STREET. <br /> <br />WHEREAS, The Bier Garden, Inc., has made application pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use <br />permit for the operation of a restaurant at 432 High Street, 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 />