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<br />September 25. 2007 <br /> <br />At a Regular Meeting of the City Council on Tuesday, September 25, 2007, there <br />were present: <br /> <br />Mayor James W. Holley III, Vice Mayor Marlene W. Randall, William E. Moody, Jr., <br />Stephen E. Heretick, Elizabeth M. Psi mas, Ray A. Smith, Sr., Douglas L. Smith, City <br />Manager Kenneth L. Chandler, City Attorney G. Timothy Oksman. <br /> <br />Reverend James E. Wynn, Sr. opened the meeting with prayer, which was <br />followed by the Pledge of Allegiance to the Flag. <br /> <br />Mayor Holley called the meeting to order and welcomed all in attendance. <br /> <br />Motion by Mr. Moody, and seconded by Ms. Psi mas, to approve the minutes of a <br />Called Meeting on September 10, 2007, of a Called Meeting of September 11, 2007, of <br />a Regular Meeting on September 11, 2007, and of a Called Meeting of September 18, <br />2007, and was adopted by the following vote: <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley <br />Nays: None <br /> <br />- Unfinished Business - <br /> <br />Consent Aqenda: <br /> <br />07 - 387 - Use permit and rezoning: <br /> <br />Motion by Mr. Heretick, and seconded by Ms. Randall, to adopt the following <br />resolution and ordinances approved on first reading at the September 11, 2007 <br />meeting, and was adopted by the following vote: <br /> <br />07-387 (a): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-07-09) TO SARAH GRANT TO <br />OPERATE A NURSING AND PERSONAL CARE FACILITY AT 1535 MARSHALL <br />AVENUE. <br /> <br />WHEREAS, Sarah Grant 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 (UP- <br />07 -09) to operate a nursing and personal care facility at 1535 Marshall Avenue, <br />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 />