Minutes 09/27/2005 - Laserfiche WebLink

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September 27, 2005 (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 450B Court Street, and being more particularly described as: UP-05-25 Beginning at the southwest corner of King Street and Court Street; thence, in a southerly direction 40'::1: to a point; thence, in a westerly direction 100'::1: to a point; thence, in a northerly direction 40'::1: to a point; thence, in an easterly direction 100'::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) The applicant shall comply with the approved floor plan and site plan. (b) The Downtown Design Committee shall approve all exterior alterations and signage. (c) Hours of operation shall be limited to 11 :00 a.m. - 12 midnight on Mondays through Thursdays, 11 :00 a.m. - 2:00 a.m. on Fridays and Saturdays, and 5:00 p.m. - 2:00 a.m. on Sunday evenings. (d) The occupancy shall be limited to seventy-five (75) seats. (e) The proposed business shall operate in accordance with federal, state and local regulations. (f) The applicant shall comply with the approved plan to utilize City trash collection services. (g) The applicant shall not violate any laws of the Commonwealth or ordinances of the City related to peace and good order, nor suffer repeated chronic violations by any of its patrons or customers. If the Chief of Police, in his discretion, determines that there are sufficient violations of this type to comprise a significant law enforcement problem, then he shall so notify the applicant in writing and shall offer to meet to provide advice on how to lessen and avoid repeated offenses against peace and good order. A copy of this letter shall be provided to the Director of Planning and Zoning. If, within six months of the date of this letter, said Director, in his discretion, determines that offences against peace and good order are continuing, then he may initiate proceedings for the revocation of this permit. Provided, however, that if problems of peace and good order are of such severity that the Chief of Police determines that there is a significant risk to public safety or peace and good order or such properties as to create a risk of blight, then revocation proceedings may be initiated by the Director without regard to the six month requirement which is otherwise required. (h) All taxes in connection with the proposed use shall be paid when due. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by the City Council." Ayes: Moody, Psimas, Randall, Whitehurst, Holley Nays: None Abstain: Heretick (business interest)