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<br />March 27, 2007 <br /> <br />(d) The project shall be developed in accordance with the construction plans <br />approved by the Downtown Design Committee October 3, 2006. <br /> <br />(e) The applicant shall be responsible for the cost of establishing andlor upgrading <br />the necessary utilities. <br /> <br />(f) The applicant shall adhere to the approved trash-handling plan, which includes <br />City trash pick-up and the storage of trashcans from public view on all days excluding <br />trash pickup days. <br /> <br />(g) All taxes and fees associated with the proposed project shall be paid when due. <br /> <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-115 of the Code of the City of Portsmouth, Virginia (2006), the housing use permit <br />shall expire for any portion of the approved project for which building permits have not <br />been issued if the applicant fails to apply for all building permits for the entire project <br />within one year of the adoption of this resolution. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the permit by the City Council." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley <br />Nays: None <br /> <br />Motion by Mr. Moody, and seconded by Mr. Heretick, to adopt the following <br />resolution approved on first reading at the March 13, 2007 meeting, and was adopted <br />by the following vote: <br /> <br />07-115 (e): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-07-03) TO BRADLEY STEWART TO <br />OPERATE A RESTAURANT AT 702 HIGH STREET. <br /> <br />WHEREAS, Bradley Stewart has made application pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit for <br />the operation of a restaurant at 702 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 />