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154 <br /> <br />October 8, 1985 <br /> <br />(f) CA 85-13 <br /> <br />CODE AMENDMENT: <br /> <br />A proposal to amend Chapter 40 of the City Code <br />pertaining to Appeals of Decisions of the Commission <br />of Architectural Review and the Downtown D-1 District <br />Design Committee. <br /> <br /> On-mo~io~ bi-Mr. Gray and seconded by Mr. Beamer, ro concur ~n the recommendation of the <br />Planning Commission, CA 85-13 was approved on first reading, and was adopted by unanimous vote <br /> <br />- UNFINISHED BUSINESS <br /> <br />85-278 Rezoning, use permit and group housing project applications: <br /> <br />(a) Z 8S-36 <br /> <br />Rezoning application of the Portsmouth Redevelopment and Housing <br />Authority, by Gordon E. Wheatly, Director of Operations for Development, <br />for commercial expansion at 1412 Hamilton Avenue; from Residential R-75-S <br />to Commercial C-2-K Conditional, approved on first reading ar the Public <br />Hearing of October 1, 1985, was taken up and read: <br /> <br /> On motion of Mrs. Webb and seconded by Mr. Gray, Z 85-36 was adopted on final reading, <br />and by the following vote: <br /> <br />Ayes: Beamer, Corprew, Gray, Lucas, Webb, Holley <br />Nays: None <br /> <br />(b) UP 85-21 <br /> <br />Use permit application of ionnie Simms, by Marvin Goldfarb, owner, for <br />an auto service station at 3311 Hartford Street, approved on first read- <br />ing at the Public Hearing of October 1, 1985, was taken up and read. <br /> <br /> On motion of Mr. Beamer and seconded by Mr. Gray, the following resolution was adopted <br />on final reading, and by the following vote: <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO LONNIE SIMMS TO OPERATE AN AUTOMOTIVE <br />SERVICE STATION AT g311 HARTFORD STREET. <br /> <br /> WHEREAS, Marvin Goldfarb, owner, by Lonnie Simms, contract purchaser, has made applicatio~ <br />pursuant to §40-70(b) of the Code of the City of Portsmouth, Virginia, 1973, as amended, for <br />the granting of a use permit as hereinafter-described; and <br /> <br /> WHEREAS, the applicant and the Planning Director have done all things required to be done <br />in connection with said application; and <br /> <br />WHEREAS, ~he Planning Commission has recommended the granting of said use permit. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: <br /> <br />1. That the use for which the use permit is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing or working <br />in the neighborhood of the proposed use: <br /> <br /> (b) Will not be detrimental to the public use or injurious to the property or <br />improvements in the neighborhood; <br /> <br />(c) Will be in accordance with the pmrposes of the Zoning Chapter of the City Code. <br /> <br /> 2. Lonnie Simms is hereby granted a use permit pursuant to ¢40-70(b) of the Code of the <br />City of Portsmouth, Virginia, 1973, to operate an automobile service station as defined in <br />¢40-31 of said City Code at 3311 Hartford Street such property being further described as Tax <br />Map 168, Parcel 2 (UP-SS-21~ . <br /> <br />This use permit is approved subject to the following conditions: <br /> <br /> (a) A six Eoot (6') high privacy fence shall be installed along the rear property line <br />prior to operation as an automotive service station. <br /> <br /> (b) This use permit is issued ro Lonnie Simms, for 3311 Hartford Street and is not <br />transferable to any other person, corporation or entity not owned or controlled by said Lonnic <br />Simms without permission from City Council." <br /> <br />Ayes: Beamer, Corprew, Gray, Lucas, Webb, Holley <br />Nays: None <br /> <br />(c) UP 85-22 <br /> <br />Use permit application of Johnny Owens & R. D. <br />version to a duplex at 434 Chautauqua Avenue, <br />at the Public Hearing of October 1, 1985, was <br /> <br />Knaufg, owners, for con- <br />approved on first reading <br />taken up and read. <br /> <br /> On motion OF Mrs. Webb and seconded by Mr. Beamer, the following resolution was adopted <br />on final reading, and by the following vote: <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO JOHNNY OWNES AND RICHARD D. KNAUFT FOR THE <br />CONVERSION OF AN EXISTING SINGLE-FAMILY DWELLING TO A DUPLEX AT 434 CHAUTAUQUA <br />AVENUE~(UP-85-22). <br /> <br /> <br />