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<br />May 24.2005 <br /> <br />(f) The applicants shall comply with all regulations of federal, state and local <br />governments. <br /> <br />(g) All taxes and fees owed in connection with the property shall be paid <br />when due. <br /> <br />(h) No part of any building shall exceed a maximum height of 55 feet. <br /> <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-115 of the Code of the City of Portsmouth, Virginia (1988), the group housing use <br />permit shall expire for any portion of the approved project for which building permits <br />have not been issued if the applicant fails to apply for all building permits for the entire <br />project within one year of the adoption of this resolution. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions <br />may serve as grounds for revocation of the permit by the City Council." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Whitehurst, Holley <br />Nays: None <br /> <br />Motion by Mr. Whitehurst, and seconded by Ms. Randall, to adopt the following <br />resolution, approved on first reading at the May 10, 2005 meeting, and was adopted <br />by the following vote: <br /> <br />05-222(b): <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO OLDE TOWNE DAY SPA, INC., <br />TO OPERATE A DAY SPA AT 516 MIDDLE STREET. <br /> <br />WHEREAS, the Olde Towne Day Spa, Inc., has made application pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting <br />of a use permit to operate a day spa at 516 Middle Street; 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 granting 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 the use for which the permit hereinafter-described 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 />2. That a use permit is hereby granted pursuant to Section 40-43.1 of the <br />Code of the City of Portsmouth, Virginia (1988) for the operation of a day spa at 516 <br />Middle Street, and being more particularly described as: <br />