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July 24, 2012 <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it finds that the use for which the permit is sought: <br />(a) Will not adversely affect the health and safety of persons residing or working in <br />the neighborhood of the proposed use; <br />(b) Will not be detrimental to the public use or injurious to the property or <br />improvements in the neighborhood; <br />(c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <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 />(e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br />2. That a use permit is hereby granted for the operation of a restaurant with <br />drive-through service at 901 Frederick Boulevard, 3113 South Street, and 1614 <br />Hamilton Avenue, Portsmouth, Virginia, and being more particularly described as: <br />U P-12-04 <br />901 Frederick Boulevard, 3113 South Street, and 1614 Hamilton Avenue <br />Tax Map 301, Parcels 11.8, 111.1, and 111.6 <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 />(a) The site shall be developed in substantial compliance with the site plan submitted <br />by Horton and Dodd, P. C. dated March 23, 2012 and attached to this application, as <br />finally approved by the Director of Planning. <br />(b) The building shall be developed substantially in conformance with the submitted <br />elevations dated March 23, 2012. Permitted primary materials (for 75 to 100 percent of <br />the building wall surface area) shall include brick and the masonry; native stone (or <br />synthetic equivalent); wood (clapboard or shingles); Hardie-plank (equivalent or better); <br />stucco (cementitious finish). Secondary materials maximum 10% or less of building wall <br />surface area may include pre-cast masonry (for trim and cornice elements only); <br />gypsum reinforced fiber concrete (for trim and cornice elements only); metal (for beams, <br />lintels, trim elements and ornamentation only); urethane Fypon-equivalent or better (for <br />lintels, trim elements and ornamentation only); split-faced block (only for piers, <br />foundations walls and chimneys); glass block (no closer than 30 inches from building <br />corners. <br />(c) The recommendations of the Traffic Impact Analysis, dated April 17, 2012, must <br />be installed by the applicant in whole or in part as finally approved by the City Engineer. <br />(d) A minor subdivision to eliminate all interior lot lines and create a single parcel <br />must occur prior to site plan approval. <br />(e) All uses on the property shall be operated in compliance with all applicable <br />codes, ordinances, and regulations of federal, state, and local governments. <br />(f) The applicant shall obtain and keep current all required licenses and permits <br />before operation and these licenses and permits shall remain in effect during the <br />operation of the establishment. <br />