Minutes 06/23/2015 - Laserfiche WebLink

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June 23, 2015 WHEREAS, the Use Permit was approved subject to fourteen enumerated conditions; and WHEREAS, by letters dated March 31, 2015 and May 27, 2015 the Chief of Police has determined that there have been and continue to be violations of Section 3(n) of the Use Permit comprising a significant law enforcement problem. Section 3(n) of the Use Permit states in pertinent part: 3(n) The owners and or operators of the establishment shall not violate any laws of the Commonwealth or ordinances of the City related to peace and good order, not suffer repeated or chronic violations by any of its patrons or customers. WHEREAS, on April 2, 2015 the Zoning Administrator issued a Notice of Violation and Notice to Revoke Use Permit (the “Notice”) finding violations of the following Use Permit conditions: (3)(e) All food, drinks, and alcohol on any floor must be provided by the owner of the restaurant on the first floor. No outside catering of any kind shall be allowed. (3)(f) Sufficient interior security shall be provided by individuals who are certified in law enforcement by the Virginia Department of Criminal Justice Services. Exterior security shall be provided, as needed, by off-duty law enforcement personnel. (3)(m) Taxes and fees associated with the property shall be paid when due; and WHEREAS, the Zoning Administrator’s findings in the Notice were not appealed within the thirty day appeal period; and WHEREAS , evidence has been presented to City Council demonstrating repeated and material violations of the Use Permit conditions; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the applicant has failed to comply with one or more of the conditions of approval of Use Permit UP-08-17. 2. That it finds that the conditions violated are material to the purpose of preventing or minimizing adverse effects from the approved use. 3. That Use Permit UP-08-17 is hereby revoked. 4. That the revocation is effective immediately.” Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Whitaker, Wright Nays: None - Unfinished Business - Consent Agenda: 15 - 223 - Rezoning and use permits: Motion by Mr. Meeks, and seconded by Ms. Psimas, to adopt the following ordinance and resolution approved on first reading at the June 9, 2015 meeting, and was adopted by the following vote: 15-223 (a): “ZONING AMENDMENT ORDINANCE Z-15-02.”