Minutes 05/22/2007 - Laserfiche WebLink

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May 22, 2007 WHEREAS, James Rizer has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to operate an ice cream parlor at 511 High Street, Portsmouth, Virginia; and WHEREAS, the applicant 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: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or InJurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to Insure compatibility with surrounding uses; (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 James Rizer is hereby granted a use permit pursuant to Section 40- 43.1 of the Code of the City of Portsmouth, Virginia (2006) to operate an ice cream parlor at 511 High Street, Portsmouth, Virginia, and being more particularly described as: UP-07-08 Beginning at a point 79':t west of the southwest intersection of North and Dinwiddie Streets; thence, in a westerly direction 40':t to a point; thence in a southerly direction 113':t to a point; thence, in an easterly direction 40':t to a point; thence, in a northerly direction 113':t to a point of the beginning. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) Days and hours of operation shall be daily from 10:00 am. to 2:00 am. (b) The Downtown Design Committee must approve all exterior improvements, including signage and outdoor dining. (c) An Outdoor Dining Permit, pursuant to City Code sections 32-171, et seq., for the proposed outdoor seating must be obtained. (d) All appropriate permits and licenses for the establishment shall be obtained and maintained in effect during the operation of the facility.