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<br />June 26. 2007 <br /> <br />WHEREAS, Michael Carr has made application pursuant to Section 40-43.1 of <br />the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit for <br />the operation of a restaurant at 3112 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 Michael Carr is hereby granted a use permit pursuant to Section 40- <br />43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation of a <br />restaurant at 3112 High Street, and being more particularly described as: <br /> <br />UP-07-10 <br /> <br />That parcel, known as 3112 High Street, being <br />approximately 4,560 square feet in area and located in the <br />Rodman Shopping Center northwest of the intersection of <br />High Street and London Boulevard. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) The occupant load shall be limited to 102 people, including employees. An <br />employee shall be employed to monitor the entrance to the establishment and shall <br />keep an accurate count of the number of patrons. <br /> <br />(b) No line of waiting patrons shall be allowed to form outside the building, nor shall <br />loitering in the parking lot be allowed. <br /> <br />(c) The hours of operation shall be limited to the hours between 11 :00 a.m. and 2:00 <br />a.m. nightly. <br /> <br />(d) The site layout plan shall generally be in accordance with the site plan dated <br />April 20, 2007. <br /> <br />(e) A full menu of food shall be offered from Monday through Sunday until 10:30 <br />p.m. <br />