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<br />December 11. 2007 <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 Bradley Stewart is hereby granted a use permit pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (2006) to operate an <br />entertainment establishment at 702 and 706 High Street, and being more particularly <br />described as: <br /> <br />UP-07-23 <br /> <br />Beginning at a point 30.05':t from the northwest corner of Green and High Streets; <br />thence, in a westerly direction 77.83':t to a point; thence, in northerly direction 113':t to a <br />point; thence, in an easterly direction 45.58':t to a point; thence, in southerly direction <br />25':t to a point; thence in an easterly direction 32.25':t to a point; thence, in a southerly <br />direction 88':t to a point of the 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) Days and hours of operation shall be Monday through Sunday 5:30 a.m. to 2:00 <br />a.m. <br /> <br />(b) Noise from the entertainment establishment shall not be audible to residents in <br />the condominiums above 702 High Street. <br /> <br />(c) The applicant shall comply with the Fire Code Official's Occupancy Load. The <br />Occupancy Load shall not be exceeded at any time, including times when event rentals <br />coincide with the regular operation of the entertainment establishment. <br /> <br />(d) The applicant shall obtain an Outdoor Dining Permit as required by Section 32-8 <br />of the Portsmouth City Code. <br /> <br />(e) The applicant shall comply with the proposal for the exterior remodeling <br />approved by the Downtown Design Committee October 3, 2006. The applicant shall <br />obtain approval for future exterior signage and renovation from the Downtown Design <br />Committee. <br /> <br />(f) The ownerldeveloper shall be responsible for upgrades to water and sewer, as <br />necessary, including the installation of a backflow preventer device approved by the <br />Public Utilities Department. <br /> <br />(g) The applicant shall comply with the trash plan approved by General Services. <br /> <br />(h) The applicant shall comply with the approval from the City Engineer to provide a <br />valet parking service. <br /> <br />(i) The proposed business shall operate in accordance with federal, state and local <br />regulations. <br />