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November 26, 2013 <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) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />(c) Is compatible with the character of surrounding lands and the uses permitted in <br />the subject property's zoning district; <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br />(f) Maintains safe and adequate egress and ingress onto the site and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring lands to <br />develop the uses permitted in their zoning district(s); <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That the applicant is hereby granted a use permit pursuant to Section 40.1- <br />2.3(6) of the Code of the City of Portsmouth, Virginia (2006) for the operation of a family <br />day care center at 20 Appomattox Avenue, and being more particularly described as: <br />UP-13-17 <br />20 Appomattox Avenue <br />Beginning at a point 420.8'± west of the intersection of Deep Creek Boulevard and <br />Appomattox Avenue; thence, in a westerly direction 75'± to a point; thence, a northerly <br />direction 125'± to a point; thence, in an easterly direction 75'± to a point; thence, in a <br />southerly direction 75'± to a point of the beginning. <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) Days and hours of operation shall be Monday through Friday between 5:00 a.m. <br />and 8:30 p. m. <br />(b) Four off-street parking spaces shall be maintained within the applicant's driveway <br />during the facility's days and hours of operation to accommodate one space for the full- <br />time staff member and three spaces for the drop off/pick up of children. <br />(c) The applicant's gravel driveway shall comply with Portsmouth City Code Section <br />40.1-5(G)(3) Vehicular Use Area Demarcation. The applicant shall submit a site plan <br />that provides compliance with this code section for approval by the Zoning <br />Administrator. <br />(d) The facility shall be operated in compliance with applicable codes, ordinances <br />and regulations of federal, state and local government and all required licenses and <br />permits shall be obtained and remain in effect during the operation of the family child <br />day care home. <br />(e) All taxes/fees associated with the property shall be paid when due. <br />