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<br />AUQust 25. 2009 <br /> <br />(c) The hours of operation will be Monday through Friday from 7:30 a.m. until 5:30 <br />p.m. <br /> <br />(d) The applicant shall comply with all applicable codes, ordinances and regulations <br />of federal, state and local governments and shall obtain all necessary licenses and <br />permits. <br /> <br />(e) The facility shall be inspected annually by Fire Department, the City Health <br />Department and the State Fire Marshall. <br /> <br />(f) Taxes and fees associated with the property and the operation shall be paid <br />when due. <br /> <br />(g) The applicant shall be responsible for the cost of any new water and/or sanitary <br />sewer infrastructure or any improvements to such infrastructure. <br /> <br />(h) Waste Management for the development shall be in compliance with all City <br />Code requirements. <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 /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />09 - 313 - Use permit: <br /> <br />1. Lisa Murphy, 283 Constitution Drive, Virginia Beach, spoke in support of this item. <br /> <br />2. Aron Garcia, 324 Madison Mews, Norfolk, spoke in support of this item. <br /> <br />3. Steve Carroll, 3112 Riveredge Drive, spoke in opposition to this item. <br /> <br />Motion by Mr. Whitehurst, and seconded by Mr. Smith, to adopt the following <br />resolution approved on first reading at the August 11, 2009 meeting, and was adopted <br />by the following vote: <br /> <br />09-313 (c) <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-09-04) TO CONSTRUCT AND <br />OPERATE A TELECOMMUNICATIONS TOWER AT 3797 LILAC DRIVE. <br /> <br />WHEREAS, T-Mobile Northeast, LLC, has made application pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of <br />a use permit to construct a telecommunications facility at 3797 Lilac Drive, Portsmouth, <br />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 />