Minutes 10/28/2008 - Laserfiche WebLink

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October 28, 2008 WHEREAS, Charles Greenhood has made application pursuant to Section 40- 43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to operate an entertainment establishment at 467 Court Street, Portsmouth, Virginia; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or InJurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to Insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and convenient traffic movement; and (e) Will be In accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That Charles Greenhood is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) to operate an entertainment establishment at 467 Court Street, being more particularly described as: UP-08-17 467 Court Street That parcel described as beginning at a property pin located at the northwest corner of the property at on County Street. Thence, proceeding N 05052'23"E, 111.86 feet more or less to a point thence, thence proceeding S 06030'03"E 41.10 feet more or less to a point, thence proceeding S 83039'30"E 111.86 feet more or less to a point, thence proceeding N 5030'03"E 41.10 feet more or less back to the point of beginning. Property is also known as Tax Map 6, Parcel 90 and 467 County Street. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The occupant load of the first floor shall remain at no greater than 150 people. The total occupant load of the second, third and fourth floors shall be limited to no more than 949 people, including employees, or the capacity set by the Building Official. The more restrictive of the two capacity limitations shall apply. The occupancy load shall not be exceeded at any time. (b) The occupant loads of the second and third floors shall not exceed 450 people per floor, including employees, and the fourth floor shall not exceed 49 people, including employees, or the capacity set by the Building Official. The more restrictive of the two capacity limitations shall apply. The occupancy load shall not be exceeded at any time.