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<br />July 24. 2007 <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 Bonita Golay 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 and entertainment establishment on the first floor only at 623 High Street, <br />and being more particularly described as: <br /> <br />UP-07-13 <br /> <br />Beginning one hundred forty-three (143) feet east from the southeast intersection of <br />High Street and Green Street; thence in an easterly direction 40.34':t to a point; thence <br />in a southerly direction 227.31':t to a point; thence in a westerly direction 40.43':t to a <br />point; thence in a northerly direction 227.31':t to a point of the beginning. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />the applicant and any successor in interest shall observe: <br /> <br />(a) Any changes to the exterior of the building shall conform to standards as set forth <br />by the Downtown Design Committee, and the applicant shall obtain the appropriate <br />approval for making such changes. <br /> <br />(b) The site layout plan shall generally be in accordance with the site plan submitted <br />April 1 0,2007. <br /> <br />(c) Seating capacity shall not exceed 180 seats, as shown in the site plan submitted <br />April 1 0,2007. <br /> <br />(d) Hours of operation shall be limited to the hours between 7:00 a.m. and 2:00 a.m., <br />Monday through Sunday. <br /> <br />(e) The owners and/or operators of the establishment shall not violate any laws of <br />the Commonwealth or ordinances of the City related to peace and good order, nor <br />suffer repeated or chronic violations by any of its patrons or customers. <br />