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<br />September 26, 2006 <br /> <br />WHEREAS, the Planning Commission has recommended the granting of 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 it finds that the use for which the permit is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or working in <br />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 the applicant is hereby granted a use permit pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (1988) for the operation of an <br />entertainment establishment at 107 Chowan Drive, and being more particularly <br />described as: <br /> <br />UP-06-07 <br /> <br />ALL THAT certain lot, piece or parcel of land, with the buildings and <br />improvements thereon, situate, lying and being in the City of Portsmouth, <br />Virginia, being known, numbered and designated as Lot A, as shown on the <br />certain plat entitled, "Minor Subdivision of Lots 3, 4, and a Portion of Lots 2 & 7 <br />Subdivision of Property of C. R. Crawford (M. B 39, Pg 79) Portsmouth, Virginia", <br />which said plat is duly recorded in the Clerk's Office of the Circuit Court of the <br />City of Portsmouth, Virginia in Map Book 18, page 63. <br /> <br />IT BEING the same property conveyed to Soon Ok Kim, by deed from Maria D. <br />Katselos, unmarried, dated January 3, 2000 and recorded in the Clerk's Office of <br />the Circuit Court of City of Portsmouth, Virginia, in Deed Book 1320, page 1761. <br /> <br />3. That the use permit is approved subject to the following conditions which shall <br />be observed by the applicant and any successor in interest: <br /> <br />(a) The entertainment shall only consist of a karaoke system and/or a disc jockey <br />and the rental of space for private parties. No live entertainment shall be allowed. <br /> <br />(b) Entertainment shall only be allowed between the hours of 9:00 p.m. to 12:00 <br />a.m., Sunday through Thursday, and 9:00 p.m. to 2:00 a.m., Friday and Saturday. <br /> <br />(c) No amplified music shall be audible at the property line. <br /> <br />(d) Security shall be present inside and outside of the building at all times when the <br />banquet facility or restaurant is rented to patrons. <br /> <br />(e) The owners and/or operators of the establishment shall not violate any laws of <br />the Commonwealth or ordinances of the City related to peace and good order, nor <br />suffer repeated or chronic violations by any of its patrons or customers. <br />