Minutes 02/24/2009 - Laserfiche WebLink

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February 24. 2009 WHEREAS, Joe Haskell, on behalf of Pythian Castle, LLC, 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 for the operation of an entertainment establishment at 612 Court Street, Portsmouth, Virginia; and WHEREAS, the applicants 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 Pythian Castle, LLC, is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation of an entertainment establishment at 612 Court Street, and being more particularly described as: UP-08-19 Beginning at a point in the northwest intersection of Court and County Streets; thence, north along the western right-of-way of Court Street approximately 45 feet; thence, west approximately 60.7 feet; thence, south approximately 4 feet; thence, west approximately 29.3 feet; thence, south approximately 41 feet to the northern right-of-way of County Street; thence, east approximately 90 feet to the point of the beginning. 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 interior occupant load of the first floor shall be limited to 154 people. The exterior occupant load of the first floor shall be limited to 36 people. The occupant load of the second floor shall be limited to 345 people. The occupant load of the third floor shall be limited to 226 people. The occupant load of the entire building shall; therefore, be limited to a total of 761 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 hours of operation shall be limited to the hours between 8:00 a.m. and 2:00 a.m.