Minutes 09/26/2006 - Laserfiche WebLink

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September 26, 2006 If the Chief of Police, in his discretion, determines that there are sufficient violations of this type to comprise a significant law enforcement problem, he shall so notify the applicant in writing and shall provide a copy of such notice to the Director of Planning. If, within six (6) months of the date of such letter, the Director of Planning determines that the offenses against peace and good order are continuing, then he may initiate proceedings for the revocation of this permit. Provided, however, that if such problems are of severity that the Chief of Police determines that there is a significant risk to public safety or peace and good order of such proportions as to create a risk of blight, the revocation proceedings may be initiated by the Director of Planning regardless of the six (6) month requirement which is otherwise applicable. (f) The establishment shall be operated in compliance with all applicable codes, ordinances, and regulations of federal, state, and local governments. (g) The applicant shall obtain all required licenses and permits before operation and these licenses and permits shall remain in effect during the operation of the establ ishment. (h) Taxes and fees associated with the property shall be paid when due. (i) The maximum occupancy of the restaurant, including guests and employees, shall not exceed 200 persons. 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: Heretick, Psi mas, Randall, D. Smith, R. Smith, Holley Nays: None Motion by Mr. Heretick, and seconded by Ms. Randall, to adopt the following resolution approved on first reading at the September 12, 2006 meeting, and was adopted by the following vote: 06-414(d): "RESOLUTION GRANTING A USE PERMIT TO THE ELIZABETH RIVER PROJECT AND TO B. DAVID PECK TO EXCAVATE AND SELL EXCAVATED MATERIAL AT 1141 VICTORY BOULEVARD. WHEREAS, The Elizabeth River Project and B. David Peck have made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to excavate and sell excavated material at 1141 Victory Bouevard, Portsmouth, Virginia; and WHEREAS, the applicants 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: