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<br />January 27.2009 <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 James Francis is hereby granted a use permit pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation of a <br />restaurant at 305 Columbia Street, and being more particularly described as: <br /> <br />UP-08-18 <br />305 Columbia Street <br /> <br />Beginning a point 140.08':t west of the southwest corner of Columbia Street and <br />Guardian Court; thence, in a southerly direction 120':t to a point; thence, in a westerly <br />direction 58.30':t to a point; thence, in a southwesterly direction 38.08':t to a point; <br />thence, in a northwesterly direction 25':t to a point; thence, in a northerly direction <br />115.72':t to a point; thence, in an easterly direction 11 O':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) Days and hours of operation shall be daily no earlier than 7:00 a.m. to no later <br />than 11 :00 p.m. <br /> <br />(b) The applicant shall adhere to the issued approval for exterior alterations to the <br />structure, including signage and the outdoor patio area, approved by the Downtown <br />Design Committee on October 7,2008. <br /> <br />(c) The applicant shall obtain an outdoor dining permit if an outdoor dining area is <br />established. This permit shall be renewed yearly. <br /> <br />(d) The required one handicapped space shall be provided along the front face of <br />the building's entrance on Guardian Court. The parking space shall be properly signed <br />and identified as required by City Code. <br /> <br />(e) The applicant shall comply with the trash plan approved by General Services in <br />November 2008 which includes the use of city waste removal services. <br /> <br />(f) 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 />(g) The proposed business shall operate in accordance with federal, state and local <br />regulations, including the Uniform Statewide Building Code. <br /> <br />(h) All taxes and fees in connection with the proposed use shall be paid when due. <br /> <br />(i) The applicant must obtain and keep current any operating licenses required by <br />the Commonwealth of Virginia. <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 />