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February 22, 2000 <br /> <br /> (d) The outdoor play area shall be enclosed with a fence at least four (4) feet <br />in height. No more than sixty-one (61) children may occupy the play area at one time. <br /> <br /> (e) <br />the facility. <br /> <br />The applicant shall maintain twenty-three (23) off street parking spaces for <br /> <br /> (f) The facility shall comply with the submitted revised floor plan (Exhibit A), <br />revised building elevations (Exhibit B) and revised site plan (Exhibit C). <br /> <br /> (g) The parking lot must be landscaped in accordance with a Landscaping <br />Plan approved by the Division of Planning and Zoning of the Department of Community <br />Quality and Planning Services. <br /> <br /> (h) The facility shall submit to all required inspections by the City's Fire <br />Prevention Bureau, Public Health Department and Building Official. <br /> <br /> (i) The applicant shall comply with all applicable codes, ordinances, and <br />regulations of federal, state and local governments and shall obtain and maintain all <br />necessary licenses and permits. <br /> <br /> (J) <br />when due. <br /> <br />All taxes and fees on the subject property and operation shall be paid <br /> <br /> REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Whitehurst, Holley <br />Nays: None <br /> <br />- Other Unfinished Business - <br /> <br />00 -30 - Use permit: <br /> <br /> Motion by Mr. Griffin, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, approved at the February 8, 2000 meeting, and was adopted by the following <br />vote: <br /> <br />00-30(c): <br /> <br />1. Mark Geduldig-Yatrosky, 363 Middle Street, spoke in opposition to use permit. <br /> <br />"RESOLUTION GRANTING A USE PERMIT TO ROGER BROWN FOR THE <br />OPERATION OF AN ENTERTAINMENT ESTABLISHMENT AT 316 HIGH STREET. <br /> <br /> WHEREAS, Roger Brown has made application pursuant to Section 40-43.1 of <br />the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to <br />operate an entertainment establishment, to be located at 316 High Street, Portsmouth, <br />Virginia, as hereinafter-described; and <br /> <br /> WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br /> WHEREAS, the Planning Commission has recommended the granting of said <br />use permit with conditions. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That the use for which the permit hereinafter-described is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing <br />or working in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to the public use or injurious to the property <br />or improvements in the neighborhood; <br /> <br /> <br />