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<br />July 24. 2007 <br />UP-07-11 <br /> <br />All that certain lot, piece or parcel of land, with the buildings and improvements thereon, <br />situate, lying and being in the City of Portsmouth, Virginia, and bounded and described <br />as follows: Beginning 259 feet Northeast of the Southeast corner of the intersection of <br />Airline Boulevard and Laigh Road; thence South 09 degrees 37'30" East a distance of <br />169.90 feet to a point; thence North 75 degrees 02'30" East a distance of 50.00 feet to a <br />point; thence South 09 degrees 37'30" East a distance of 128.92 feet to a point; thence <br />North 62 degrees 44'21" East a distance of 138.97 feet to a point; thence North 15 <br />degrees 05'36" West a distance of 266.56 feet to Airline Boulevard right-of-way; thence <br />proceed west along the southern side of Airline Boulevard a distance of 157.38 feet to <br />the point of beginning. <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 applicant shall install two landscaped islands with a minimum area of 150 <br />square feet at each end of the parking spaces in front of the building fronting Airline <br />Boulevard and one landscaped island with a minimum area of 150 square feet shall be <br />installed dividing the parking spaces along the side of the same building into runs of not <br />more than five parking spaces. Landscaping of the islands shall be approved by the <br />Director of Planning. <br /> <br />(b) The establishment shall not exceed a seating capacity of 44 seats. <br /> <br />(c) The applicant shall maintain a minimum of 19 parking spaces. All parking <br />spaces shall meet City Code requirements for size and maneuvering room. <br /> <br />(d) The establishment's hours of operation shall be from 6:00 a.m. to 2:00 a.m. <br /> <br />(e) The applicant shall acquire and maintain a contract with a private refuse hauler. <br />All storage of refuse from the establishment shall be in compliance with Section 16 of <br />the City Code. <br /> <br />(f) The facility shall obtain all required inspections by the City Fire Department, <br />Public Health Department, and Building Official, which shall include annual inspections. <br /> <br />(g) The facility shall be operated in compliance with all applicable codes, ordinances, <br />and regulations of federal, state, and local governments, and all required licenses and <br />permits shall be obtained and remain in effect during the operation of the facility. <br /> <br />(h) Taxes and fees associated with the property shall be paid when due. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use 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 Ms. Psi mas, and seconded by Mr. Heretick, to adopt the following <br />resolution approved on first reading at the July 10, 2007 meeting, and was adopted by <br />the following vote: <br /> <br />07-312 (b): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-07-13) TO BONITA GOLAY TO <br />OPERATE A RESTAURANT AND ENTERTAINMENT ESTABLISHMENT AT 623 <br />HIGH STREET. <br /> <br />WHEREAS, Bonita Golay 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 and entertainment establishment at 623 High Street, <br />Portsmouth, Virginia; and <br />