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July 9, 2024 <br /> <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 <br /> <br />herein may 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-24-05 DOWNTOWN - Resolution granting the request of Kenneth G. <br />Rodriguez Castro for a Use Permit to operate an event <br />space/banquet hall on an approximately 0.56-acre parcel located <br />at 465 Dinwiddie Street in the Downtown D1 T5 zoning sub-district. <br />The property is owned by Patricia Bucher Woodard. The Future <br />Land Use Map of the Build One Portsmouth Comprehensive Plan <br />designates this property for mixed-use downtown use. Planning <br />Commission recommends approval with conditions. <br /> <br />1. Kenneth Rodriguez Castro, 465 Dinwiddie Street, presented the application. <br /> <br />Motion by Mr. Moody, and seconded by Mr. Tillage, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION GRANTING A USE PERMIT (UP-24-05) TO KENNETH G. <br />RODRIGUEZ CASTRO TO OPERATE AN EVENT SPACE/BANQUET HALL AT 465 <br />DINWIDDIE STREET (TAX PARCEL 0012-1030). <br /> <br /> <br />WHEREAS <br /> , Kenneth G. Rodriguez Castro, the authorized agent for the owner of <br />the subject property, has made application pursuant to Section 40.2-533 of the Code of <br />the City of Portsmouth, Virginia for the granting of a use permit to operate an event <br />space/banquet hall at 465 Dinwiddie Street (Tax Parcel 0012-1030); 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 /> 3. That it has considered the imposition of conditions regarding the location, <br />character, and other features of the proposed use and finds and determines that the <br />conditions imposed by this Resolution are necessary to ensure compliance with the <br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse <br />effects from the proposed use. <br /> <br /> 4. That based on its review and consideration, it has determined that the use <br />GRANTED WITH CONDITIONS <br />permit requested by the subject application should be <br />as provided in this Resolution. <br /> <br /> <br /> <br /> <br /> <br />