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<br />Januarv 27.2009 <br /> <br />At a Regular Meeting of the City Council on Tuesday, January, 27, 2009, there <br />were present: <br /> <br />Mayor James W. Holley III, *Vice Mayor William E. Moody, Jr., Charles B. Whitehurst, <br />Sr., Marlene W. Randall, Stephen E. Heretick, Elizabeth M. Psi mas, Douglas L. Smith, <br />City Manager Kenneth L. Chandler, City Attorney G. Timothy Oksman. <br /> <br />Reverend Tom Potter opened the meeting with prayer, which was followed the <br />Pledge of Allegiance to the Flag by Girl Scout Troop 5121. <br /> <br />Mayor Holley called the meeting to order and welcomed all in attendance. <br /> <br />Motion by Ms. Randall, and seconded by Mr. Whitehurst, to approve the minutes <br />of a Called Meeting of January 10, 2009, of a Called Meeting of January 12, 2009, of a <br />Called Meeting of January 13, 2009, of a Regular Meeting of January 13, 2009, and of a <br />Called Meeting of January 21,2009, and was adopted by the following vote: <br /> <br />Ayes: Heretick, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />- Unfinished Business - <br /> <br />Consent Aqenda: <br /> <br />09 - 19 - Use permit, code amendments, rezoning, and housing use permits: <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Heretick, to adopt the following <br />resolutions and ordinance approved on first reading at the January 13, 2009 meeting, <br />and was adopted by the following vote: <br /> <br />09-19(a): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-08-18) TO JAMES FRANCIS TO <br />OPERATE A GALLERY AND RESTAURANT AT 305 COLUMBIA STREET. <br /> <br />WHEREAS, James Francis has made application pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit for <br />the operation of a gallery and restaurant at 305 Columbia Street, Portsmouth, Virginia; <br />and <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 />