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<br />December 11. 2007 <br /> <br />(j) All taxes in connection with the proposed use shall be paid when due. <br /> <br />(k) The owners andlor 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 /> <br />If the Chief of Police, in his discretion, determines that there are sufficient violations of <br />this type to comprise a significant law enforcement problem, he shall so notify the <br />applicant in writing and shall provide a copy of such notice to the Director of Planning <br />and Zoning. <br /> <br />If, within six months of the date of such letter, the Director of Planning and Zoning <br />determines that the offenses against peace and good order are continuing, then he may <br />initiate proceedings for the revocation of this permit. Provided, however, that if at any <br />time problems exist of such a severity that the Chief of Police determines that there is a <br />significant risk to public safety or peace and good order of such proportions as to create <br />a risk of blight, revocation proceedings may be initiated by the Director of Planning and <br />Zoning regardless of the six-month requirement. <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 Mr. R. Smith, 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 (i): <br /> <br />"RESOLUTION GRANTING APPROVAL OF A HOUSING USE PERMIT (HP-07-12) <br />TO STEVEN E. LAWSON TO CONSTRUCT 120 RESIDENTIAL APARTMENT UNITS <br />AT 542 CHEROKEE ROAD. <br /> <br />WHEREAS, Steven E. Lawson, pursuant to Section 40-112 of the Code of the <br />City of Portsmouth, Virginia (2006), as amended, has made application for the granting <br />of a housing use permit (HP-07 -12) to construct 120 residential apartment units at 542 <br />Cherokee Road, Portsmouth, Virginia; and <br /> <br />WHEREAS, the subject property is furthermore described as described on <br />Exhibits 1, 2, and 3, attached hereto and made a part hereof; and <br /> <br />WHEREAS, the Planning Commission has reviewed the submitted application <br />and site plan and has recommended conditional approval of said application; and <br /> <br />WHEREAS, the applicant has been informed that approval of the housing permit <br />pursuant to Section 40-116 only grants an exemption from certain requirements for <br />residences as stated in said section and does not constitute a waiver of any other <br />requirement embodied in the City Subdivision Ordinance, the City Zoning Ordinance, or <br />any other applicable local, state or federal law or regulation; and <br /> <br />WHEREAS, the applicant is aware that building permits and any other required <br />permit will be issued only upon compliance with the ordinances, laws or regulations <br />applicable thereto. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />