Minutes 03/08/2022 - Laserfiche WebLink

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March 8, 2022 NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it has reviewed and considered the application materials, the City staff report, the proceedings and recommendation of the Planning Commission, all comments made at the public hearing, and the discussion of the Council regarding the application. 2. That it has considered factors it deemed applicable and consistent with the Code of Virginia, which may include, without limitation, the nature, extent, external effects, location, design or method of operation of the requested use, the City’s comprehensive plan, and the public health, safety, and general welfare. 3. That it has considered the imposition of conditions regarding the location, character, and other features of the proposed use and finds and determines that the conditions imposed by this Resolution are necessary to ensure compliance with the general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse effects from the proposed use. 4. That based on its review and consideration, it has determined that the use GRANTED WITH CONDITIONS permit requested by the subject application should be as provided in this Resolution. 5. That Marlon Milligan is hereby granted a use permit pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate an entertainment establishment in a restaurant and sports bar at 600 Court Street (Tax Parcel 0013-0170), being more particularly described as: UP-22-01 600 Court Street (Tax Parcel 0013-0170) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Portsmouth, Virginia, and bounded and described as follows: BEGINNING at the southwest intersection of Court and King Streets, and running thence southerly along the south side of Court Street forty (40) feet, more or less, to the north line of 604 Court Street; thence along the north line of 604 Court Street westerly one hundred (100) feet, more or less, to the east line of 407 King Street; thence northerly along the east line of 407 King Street forty (40) feet, more or less, to the southern line of King Street; thence easterly along the southern line of King Street one hundred (100) feet, more or less, to the point of beginning. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) Without limitation, the development shall comply with the following use-specific standards in accordance with Zoning Ordinance Sec. 40.2-217(G)(4)(b). (i) Entertainment establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare. (ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound. (iii) Any building housing live entertainment shall include soundproof entryway and exit doors.