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December 12, 2023 <br /> <br />(k) In accordance with Zoning Ordinance Sec. 40.2-533(L), this Use Permit may be <br />revoked by City Council after conducting a public hearing. The permit may be revoked if <br />Council finds: <br /> <br />(i) The Use Permit was obtained or extended by fraud or deception; <br />(ii) The applicant has failed to comply with one or more of the conditions of approval; <br />(iii) There is a change in conditions affecting the public health, safety, and welfare, <br />since adoption of the Use Permit; or <br />(iv) There are repeated violations of the Zoning Ordinance by the holder of the Use <br />Permit, related to the development approved by the Use Permit. <br /> <br />REVOCATION OF PERMIT: <br />7. Violation of any of the conditions set forth herein may <br />.” <br />serve as grounds for revocation of the use permit by City Council <br /> <br />Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover <br />Nays: None <br /> <br />(b) UP-23-22 VICTORY CROSSING - Resolution granting the request of Tanita <br />Brinkley for a Use Permit to operate an entertainment <br />establishment on approximately 9.48-acre parcel located at 4010 <br />Victory Boulevard Suite B in the General Mixed-Use (GMU) zoning <br />district. The Future Land Use Map of the Build One Portsmouth <br />Comprehensive Plan designates this property for commercial use. <br />The property is owned by Victory Crossing Marketplace LLC (Kory <br />Lee). Planning Commission recommends approval. <br /> <br />1. Tanika Brinkley, 6202 N. Military Highway, presented the application. <br /> <br />Motion by Mr. Barnes, and seconded by Ms. Lucas-Burke, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION GRANTING A USE PERMIT (UP-23-22) TO TANITA BRINKLEY TO <br />OPERATE AN EVENT SPACE/BANQUET HALL IN SUITE B AT 4010 VICTORY <br />BOULEVARD (TAX PARCEL 0526-0022). <br /> <br /> <br />WHEREAS <br /> , Tanita Brinkley (the agent for the contract lessee of the subject <br />property), has made application pursuant to Section 40.2-533 of the Code of the City of <br />Portsmouth, Virginia for the granting of a use permit to operate an event space/banquet <br />hall in Suite B at 4010 Victory Boulevard (Tax Parcel 0526-0022); and <br /> <br />WHEREAS, <br /> Victory Crossing Marketplace, LLC, the owner of the subject property, <br />has consented to the filing of the application; and <br /> <br />WHEREAS <br /> , the applicant and the Planning Director have done all things required <br />to be done in connection with said application; and <br /> <br />WHEREAS <br /> , the Planning Commission has recommended the approval with <br />conditions of the application for a use permit. <br /> <br />NOW THEREFORE BE IT RESOLVED <br /> by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That it has reviewed and considered the application materials, the City staff <br />report, the proceedings and recommendation of the Planning Commission, all comments <br />made at the public hearing, and the discussion of the Council regarding the application. <br /> <br /> 2. That it has considered factors it deemed applicable and consistent with the <br />Code of Virginia, which may include, without limitation, the nature, extent, external effects, <br />location, design or method of operation of the requested use, the City’s comprehensive <br />plan, and the public health, safety, and general welfare. <br /> <br /> <br /> <br /> <br /> <br /> <br />