Minutes 04/26/2005 - Laserfiche WebLink

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April 26. 2005 05-165(b ): "A RESOLUTION GRANTING A USE PERMIT TO N COWBOY, INC., TRADING AS EATON GOGH, TO OPERATE AN ENTERTAINMENT ESTABLISHMENT AT 440 HIGH STREET. WHEREAS, N Cowboy, Inc, trading as Eaton Gogh, has made application by its agent, Terry Fraley, pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit for an entertainment establishment at 440 High Street, Portsmouth, Virginia; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions. 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 applicant 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 an entertainment establishment at 440 High Street, and being more particularly described as: UP-05-07 Beginning at the northeast corner of the intersection of Dinwiddie Street and High Street; thence in a easterly direction approximately 40' to a point; thence in a northerly direction approximately 30' to a point; thence in a westerly direction approximately 40' to a point; thence in a southerly direction approximately 30' to a point at the beginning. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicants and any successor in interest: (a) The facility shall be limited to 48 seats inside and 20 seats outside. (b) The hours of operation shall be from to 8 a.m. to 2 a.m. daily. (c) Entertainment shall be limited to Thursday, Friday, and Saturday nights between the hours of 10 p.m. and 1 :30 a.m. (d) The entertainment shall be limited to no more than 4 performers with amplified music.