Minutes 03/22/2005 - Laserfiche WebLink

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March 22. 2005 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it 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. 2. That The Bier Garden, Inc., is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant at 432 High Street, and being more particularly described as: UP-04-24 Beginning at a point 45 feet east of the north-east corner of High Street and Dinwiddie Street; thence, in an easterly direction 45 feet +/- to a point; thence, in a northerly direction 113 feet +/- to a point; thence, in a westerly direction 16 feet +/- to a point; thence, in a southerly direction 33 feet +/- to a point; thence, in a westerly direction 29 feet +/- to a point; thence in a southerly direction 80 feet +/- to the point of beginning. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) Any future exterior improvements to the main building or the new building or either existing courtyard shall be reviewed and approved by the Downtown Design Committee. (b) Occupancy of the main restaurant portion of the establishment shall be limited no more than 49 seats. Occupancy limits shall be posted in a conspicuous location. (c) Occupancy of the new lounge area shall be limited to 49 persons, including patrons and staff. Occupancy limits shall be posted in a conspicuous location. (d) Hours of operation shall be limited to Tuesday-Saturday 11 :00 am to 2:00 am and Sunday 12:00 pm to 2:00 am. (e) Employees shall be limited to no more than 23 persons. Lunch shift staff increase shall be limited to no more than two (2) additional employees. Night shift staff increase shall be limited to no more than three (3) additional employees. (f) Trash shall be handled, stored, and disposed of in accordance with a plan approved by the Director of General Services. (g) The applicant shall comply with all applicable ordinances and regulations of federal, state, and local governments and shall obtain and maintain all necessary licenses and permits.