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<br />December 11. 2007 <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) A variance of five feet for the front yard setback on Rapidan Street shall be <br />obtained or a 20-foot setback shall be established. <br /> <br />(b) The applicant shall provide and maintain a minimum of 900 square feet of interior <br />parking landscaping that is consistent with Landscaping Group 4. <br /> <br />(c) The applicant shall provide and maintain a minimum of 44 parking spaces. <br /> <br />(d) The applicant shall vacate the adjoining property line between 401 and 403 <br />Rapidan Street before the construction of the expansion takes place. <br /> <br />(e) The facility shall be operated and maintained in accordance with all required <br />inspections by the City Fire Department, Public Health Department, and Building Official <br />and shall include annual inspections. <br /> <br />(f) 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 />(g) Any taxes and fees associated with the property or the operation shall be paid <br />when due. <br /> <br />4. That Conditions (e) and (g) of Use Permit UP-05-31, approved by City <br />Council on November 22, 2005, be amended to read as follows: <br /> <br />(e) The applicant shall provide an outdoor play area at least 2,000 square feet in <br />size. The play area shall be grassed and shall be fenced with, at a minimum, a four-foot <br />fence. <br /> <br />(h) No more than 20 children shall be allowed within the outdoor play area at any <br />given time. <br /> <br />5. 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 Mr. Heretick, and seconded by Mr. Moody, to adopt the following <br />resolution approved on first reading at the November 27, 2007 meeting, and was <br />adopted by the following vote: <br /> <br />07 -478 (g): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-07-20) TO SARA STEELE TO <br />CONSTRUCT A DUPLEX AT 605 AND 607 LONDON STREET. <br /> <br />WHEREAS, Sara Steele 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 -20) to construct a duplex at 605 and 607 London 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 />