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July 24, 2012 <br />(g) All taxes and fees in connection with the proposed use shall be paid when due. <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 />12-282 (e): <br />"RESOLUTION GRANTING A USE PERMIT (UP-12-05) TO CHICK-FIL-A, INC., TO <br />CONSTRUCT MORE THAN 175% OF THE MINIMUM PARKING REQUIRED FOR A <br />RESTAURANT WITH DRIVE-THROUGH SERVICE AT 901 FREDERICK <br />BOULEVARD, 3113 SOUTH STREET, AND 1614 HAMILTON AVENUE. <br />WHEREAS, Chick-fil-A, Inc., by its agent, Horton and Dodd, P.C., has made <br />application pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, <br />Virginia (2006) for the granting of a use permit to construct more than 175% of the <br />minimum number of parking spaces for a restaurant with drive-through service at 901 <br />Frederick Boulevard, 3113 South Street, and 1614 Hamilton Avenue, Portsmouth, <br />Virginia; and <br />WHEREAS, under Section 40.1-5.1(E)(7) of the Zoning Code, a use permit is <br />required for a parking lot exceeding 175% of the minimum number of parking spaces for <br />a restaurant with drive through service; and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <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 construction of a parking lot <br />exceeding 175% of the minimum required parking spaces for a restaurant with drive- <br />through service at 901 Frederick Boulevard, 3113 South Street, and 1614 Hamilton <br />Avenue, Portsmouth, Virginia, and being more particularly described as: <br />U P-12-05 <br />901 Frederick Boulevard, 3113 South Street, and 1614 Hamilton Avenue <br />Tax Map 301, Parcels 11.8, 111.1, and 111.6 <br />