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<br />January 8. 2008 <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 /> <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 Terry Webb 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 at 509 High Street, and being more particularly described as: <br /> <br />UP-07-27 <br /> <br />Beginning at a point 79':t from the southwest corner of High and Dinwiddie Streets; <br />thence in a westerly direction 21' :t to a point; thence, in a southerly direction 113.1':t to <br />a point; thence in an easterly direction 21':t to a point; thence, in a northerly direction <br />113.1':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) The applicant shall obtain approval for signage and exterior renovations from the <br />Downtown Design Committee. <br /> <br />(b) Days and hours of operation shall be daily from 11 :00 a.m. to 2:00 a.m. <br /> <br />(c) The applicant shall obtain and retain all appropriate permits and licenses for the <br />establ ishment. <br /> <br />(d) The proposed business shall operate in accordance with federal, state and local <br />regulations. <br /> <br />(e) The applicant shall comply with the trash pickup plan approved by the <br />Department of General Services. <br /> <br />(f) All taxes in connection with the proposed use shall be paid when due. <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 />