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<br />February 13. 2007 <br /> <br />Motion by Mr. Heretick, and seconded by Ms. Psi mas, to adopt the following <br />resolution approved on first reading at the January 23, 2007 meeting, and was adopted <br />by the following vote: <br /> <br />07-49 (d): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-06-17) TO WILLIAM T. ROACH TO <br />OPERATE A RESTAURANT AT 725 HIGH STREET. <br /> <br />WHEREAS, William T. Roach has made application pursuant to Section 40- <br />43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use <br />permit for the operation of a restaurant at 725 High Street, Portsmouth, Virginia; 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 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 William T. Roach is hereby granted a use permit pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation of a <br />restaurant at 725 High Street, and being more particularly described as: <br /> <br />UP-06-17 <br /> <br />That certain lot, piece or parcel of land, with the buildings and <br />improvements thereon, and the appurtenances thereunto belonging, <br />situate on the South side of High Street, between Effingham Street and <br />Green Street, in the City of Portsmouth, in the State of Virginia, bounded <br />and described as follows: Beginning one hundred and thirty-five (135) feet <br />East from the Southeast intersection of Effingham Street with High Street; <br />thence East along High Street forty-five (45) feet; thence South one <br />hundred and thirteen (113) feet; thence West forty-five (45) feet; and <br />thence North one hundred and thirteen (113) feet to the point of beginning. <br /> <br />That the use permit is approved subject to the following conditions which shall be <br />observed by the applicant and any successor in interest: <br />