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<br />March 24. 2009
<br />
<br />At a Regular Meeting of the City Council on Tuesday, March 24, 2009, there
<br />were present:
<br />
<br />Mayor James W. Holley III, William E. Moody, Jr., Charles B. Whitehurst, Sr., Marlene
<br />W. Randall, Stephen E. Heretick, Elizabeth M. Psimas, Douglas L. Smith, City Manager
<br />Kenneth L. Chandler, City Attorney G. Timothy Oksman.
<br />
<br />Reverend Michael Chance opened the meeting with prayer, which was followed
<br />the Pledge of Allegiance to the Flag by Boy Scout Troop 212.
<br />
<br />Mayor Holley called the meeting to order and welcomed all in attendance.
<br />
<br />Motion by Mr. Moody, and seconded by Ms. Randall, to approve the minutes of a
<br />Called Meeting of March 9, 2009, of a Called Meeting of March 10, 2009, and of a
<br />Regular Meeting of March 10,2009, and was adopted by the following vote:
<br />
<br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley
<br />Nays: None
<br />
<br />- Unfinished Business -
<br />
<br />Consent Aqenda:
<br />
<br />09 - 137 - Use permit and housing use permit:
<br />
<br />Motion by Mr. Whitehurst, and seconded by Mr. Heretick, to adopt the following
<br />resolutions approved on first reading at the March 10, 2009 meeting, and was adopted
<br />by the following vote:
<br />
<br />09-137(a):
<br />
<br />"RESOLUTION GRANTING A USE PERMIT (UP- 08-12) TO TWO FARMS, INC., T/A
<br />ROYAL FARMS TO OPERATE A FOOD STORE WITH GAS SALES, AN EATING
<br />PLACE WITH SEATING, AND A GASOLINE SERVICE STATION AT 3709-3711
<br />VICTORY BOULEVARD AND 3706 RAPIDAN STREET.
<br />
<br />WHEREAS, Two Farms, Inc., t1a Royal Farms, has made application pursuant
<br />to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting
<br />of a use permit for the operation of a food store with gas sales, an eating place with
<br />seating, and a gasoline service station at 3709-3711 Victory Boulevard and 3706
<br />Rapidan Street, Portsmouth, Virginia; 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 />
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