Minutes 07/26/2005 - Laserfiche WebLink

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July 26. 2005 WHEREAS, the Planning Commission has recommended granting the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the use for which the permit hereinafter-described 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 a use permit is hereby granted pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant at 6205A Portsmouth Boulevard, and being more particularly described as: UP-05-18 Beginning at a point 317.29'::1: south of the southwest corner of Portsmouth Boulevard and Hodges Ferry Road; thence in a westerly direction 134.45'::1: to a point; thence, in a southerly direction 161.39'::1: to a point; thence, in an easterly direction 86.94'::1: to a point; thence, in an easterly direction 59.20'::1: to a point; thence, in an easterly direction 42.43'::1: to a point; thence, in a northerly direction 71.46'::1: to a point of the beginning. 3. That the use permit is approved subject to the following conditions which the applicant and any successor in interest shall observe: (a) Hours of operation shall be limited to 7:00 a.m. to 1 :00 a.m. daily. (b) The occupancy shall be limited to seventy-five (75) seats. (c) The applicant shall provide nineteen (19) parking spaces for the proposed use, as required by Section 40-45.3 (Off-Street Parking) of the Portsmouth City Code. (d) Customers of the establishment shall utilize the parking spaces in the adjacent commercial shopping center parking lot. (e) The proposed business shall operate in accordance with federal, state and local regulations. (f) The proposed business shall comply with the approved Trash Handling Plan approved by the Department of General Services on May 13, 2005. The plan includes the continued use of a private waste hauler.