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<br />March 25. 2008 <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 Still, Inc., is hereby granted a use permit pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (2006) for the operation of a restaurant at <br />450B Court Street, and being more particularly described as: <br /> <br />UP-08-09 <br /> <br />Beginning at the southwest corner of King and Court Streets; thence, in a southerly <br />direction 40':t to a point; thence, in a westerly direction 100':t to a point; thence, in a <br />northerly direction 40':t to a point; thence, in an easterly direction 1 00':t to a point of the <br />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) Hours of operation shall be limited to between 11 :00 a.m. and 2:00 a.m. <br /> <br />(b) The applicant shall comply with the Fire Code Official's Occupancy Load. The <br />Occupancy Load shall not be exceeded at any time. <br /> <br />(c) Exterior renovations, including signage, shall be subject to approval by the <br />Downtown Design Committee. <br /> <br />(d) The applicant shall provide off-street parking for employees of the business. <br /> <br />(e) The owner/developer 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 />(f) The applicant shall comply with a trash plan approved by General Services. A <br />dumpster is not permitted for use on the premises. <br /> <br />(g) The proposed business shall operate in accordance with federal, state and local <br />regulations and shall obtain and maintain in effect all required permits and licenses. <br />