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149 <br /> <br />January 13, 1987 <br /> <br /> WHEREAS, Marvin Goldfarb has made application for the granting <br />~f a special exception to the off-street parking requirements for a <br />commercial/warehouse development at 1710-16 High Street pursuant to <br />~40-121 Cb) (IV) in the Downtown D-1 Distriat; and <br /> <br /> WHEREAS, the applicant and the Planning Director have done all <br />things required to be done in connection with said application; and <br /> <br /> ~REAS, the <br />the granting of a <br />zents. <br /> <br />Planning Commission has made a recommendation <br />special exception to the off-street parkiny r~ <br /> <br />for <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City o£ <br />Portsmouth, Virginia: <br /> <br />1. That the special exception to be granted: <br /> <br /> (a) Will not adversely affect the health and safety of <br />~ersons residing or working in the neghborhood; <br /> <br /> (b) Will not be detrimental to the public use or injurious <br />o the property or improvements in the neighborhood; and <br /> <br /> (c) Will be in accord with the purposes and objectives of <br />the Downtown D-1 District and the Zoning Chapter of the City Code. <br /> <br /> 2. The commercial/warehouse development at 1710-16 High Street <br />is hereby granted a special exception To the off-street parking re- <br />quirements in the Downtown D-1 District of a variance as provided <br />for in ~40-121 (b) (IV) by the granting of eleven (11) spaces, such <br />special exception being approved subject to the following conditions <br /> <br /> (a) A 5,480 square foot warehouse shall be constructed be- <br />the ex~sting 6,000 square foot structure and the property <br /> ed for a combination of retail commercial/warehouse uses. <br /> <br /> (b) The development shall provide for six (6) off~street <br />~azking spaces located on site. <br /> <br /> (c) The variance is granted on the basis that the develop <br />lent will,be as described herein and an)- change from such proposed <br />~se will constitute the expiration of the variance hereby granteS." <br /> <br />Ayes: Barnes, Corprew, Gray, Lucas, Simpson, Holley <br />Nays: Webb <br /> <br />motion86-461 to refund- Lette[4from the City Manager recommending adep~ion of <br /> ,322.87 [without interest) to Linda's ~ub, Pub <br />Pizza, Inc., t/a T Bear's, deferred from the regular meeting of <br /> 9, 1986. <br /> <br /> Motion of Mr. Gray and seconded by Mrs. Lucas, that authoriza- <br />be granted to refund to Linda's Sub, Pub ~ Pizza, Inc., t/a <br />Bears's $4,322.87 (without interest) for Restaurant Food Tax, and <br /> adopted by unanimous vote. <br /> <br />REPORTS FROM THE CITY MANAGER <br /> <br /> 8Y-4 Letter from the <br />ordinance to amend the City <br />to Mandatory R~tirement and <br /> arvice Retirement. <br /> <br />City Manager recommending adoption of <br />Code by deleting Section 2-18 pertaining <br />amending Section 31-262 pertaining to <br /> <br /> "rhe adoption by the United States Congress of an amendment <br />the Age Discrimination and Employmen~ Act and its execution iby the <br />President ~liminates mandatory retirement at age 70 except ~n certai <br />positions and occupations. Accordingly, it is necessary to make <br />~ppropriate changes in our City Code in order to assure its compli- <br />ance with the Fedral law. <br /> <br /> <br />