Minutes 09/12/2023 - Laserfiche WebLink

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September 12, 2023 Motion by Dr. Whitaker, and seconded by Mr. Barnes, to adopt the following resolution, and was adopted by the following vote: “RESOLUTION GRANTING A USE PERMIT (UP-23-15) TO THYME ON THE RIVER L.L.C. TO OPERATE AN ENTERTAINMENT ESTABLISHMENT IN SUITE 4 AT 1 HIGH STREET (TAX PARCEL 0002-0170). WHEREAS , Thyme on the River L.L.C. (the contract lessee of the subject property), has made application pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia for the granting of a use permit to operate an entertainment establishment in Suite 4 at 1 High Street (Tax Parcel 0002-0170); and WHEREAS, One High Street, LLC, the owner of the subject property, has consented to the filing of the application; and WHEREAS , the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS , the Planning Commission has recommended the approval with conditions of the application for a use permit. 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 a use permit is hereby granted pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate an entertainment establishment in Suite 4 at 1 High Street (Tax Parcel 0002-0170), the said 1 High Street being more particularly described as: UP-23-15 1 High Street (Tax Parcel 0002-0170) ALL THAT certain lot, piece or parcel of land together with the improvements constructed thereon and the appurtenances thereunto belonging located in the City of Portsmouth, Virginia, and shown as “PARCEL 1” on the plat entitled “MINOR SUBDIVISION OF PROPERTY OWNED BY SEABOARD COASTLINE ASSOCIATES, L.C.” dated March 11, 2002, and recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth, Virginia, in Map Book 19, at page 139.