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October 11~ 1983
<br />
<br />(d) Use Permit UP 83-19 Application of Peter G. Tappe, Owner, for an automokile repai~
<br /> center at 2700 Detroit Street.
<br />
<br /> Lewis Thomas, 131 Florida Avenue, rppresenting Port Norfolk Civic League, spoke in
<br />oppcsition of the use permit, as it not being in conjunction with the Historic zoning.
<br />
<br /> Motion of Mr. Barnes and seconded by Mr. Gray, to concur in the recommendation of the
<br />Planning Commission, UP 8~-19 was denied, and was adopted by the following vcte:
<br />
<br /> Ayes: Barnes, Beamer, Gray, Holley, Webb, Johansen
<br /> Nays: None
<br />
<br /> Ce) Use Permit UP 83-20 Application of A. L. Fary, Jr., and William G. Leake, Owners
<br /> to operate a wholesale auto parts business at 2201 High Streel
<br />
<br /> Motion of Mrs. Webb and seconded by Mr. Beamer, to concur in the recommendation of the
<br />Planning Commission, UP 83-20 was approved on first reading, and by unanimous vote.
<br />
<br /> ~(f) Use Permit Up 83-21 Application of Lillian C. and Thomas B. Velasco, for expansion
<br /> of a home for the elderly and private residence az 3736 Turn-
<br /> pike Road.
<br />
<br /> Motion of Mr. Gray and seconded by Mr. Beamer, to concur in the recommendation of the
<br />Planning Commission, UP 83-2i was approved on first reading, and by unanimous vote.
<br />
<br />UNFINISHED USINESS
<br />
<br /> 83~359 Ordinance closing a portion of Harbor Street ~between Harbor Court and Water
<br />Street, deferred from the meeting of September 27, 1983, was taken up and read.
<br />
<br />Letter from the City Manager:
<br />
<br /> "The attached letter from the City Attorney, relative to Harbor Street, is self explana-
<br />tory.
<br />
<br /> The City Attorney recommends that City Council allow PRHA to withdraw its Street Closure
<br />Application and adoFt the attached ordinance establishing Harbor Street as a Mall Transit
<br />Street, and I concur."
<br />
<br />Letter from the City Attorney:
<br />
<br /> "In accordance with the Council's direction, the office of the City Attorney has reviewe~
<br />alternatives available to the City relative to the proposed closure of Harbor Street between
<br />Harbor Court and Water Street. As you are aware, it is the City Manager's proposal that
<br />Harbor Street be "closed" to vehicular traffic for ease of pedestrian access during periods
<br />when the Olde Harbour Market will be in operation. In addition, Harbor Street will be open
<br />to the trolleys and emergency vehicles.
<br />
<br /> It should be immediately noted that a municipal government does noz have the power to
<br />deny a citizen the right to travel upon the streets and highways and transport his property
<br />therein in the ordinary course of his business or pleasure. This right may be regulated in
<br />accordance with the public interest 'and convenience, and in the Commonwealth of Virginia, the
<br />local governing body has been granted the power to regulate and ccntrol the use of streets.
<br />
<br /> Article XII of Chapter 23 of the City Code provides that for the purpose of regulating
<br />traffic pursuant to the police power of the City, and to insure the safety of pedestrian
<br />traffic, certain streets may be designated mall and/or mall transit streets pursuant to the
<br />provisions of that A~ticle. A mall street or mall transit street prohibits any person from
<br />operating er parking a vehicle on the streee other than emergency vehicles, specified constz~c
<br />tzon and maintenance only, mass transit vehicles operated under a franchise granted by the Git'
<br />Council.
<br />
<br /> Accordingly, it is evident that the proposed use of Harbor Street is clearly ccnsistent
<br />~ith the intent of mall transit streets as established by Artic~XII of Chapter 23 of the
<br />City Code. It is, therefore, the,reco~nnendation of this office that in lieu of closing Harbor
<br />SYreet, ~23-493 be amended to dekzgng~e ~arber Street between Harbor Court and Water Street as
<br />a mall transit street. The ~ttached ordinance has been prepared for your consideration. In
<br />~addition, I have discussed this matter with representatives of the Portsmouth Redevelopment
<br /> and Housing ~uthority who_have indicated that if the Council so desires, they will withdraw
<br /> their application for the street closure."
<br />
<br /> Motion of Mrs. Webb and seconded by Mr. Gray, to withdraw PRHA's application for street
<br />closure of Harbor Street, and was adopted by unanimous vote.
<br />
<br /> On motion of Mr. Gray and seconded by Mrs. Webb, the following ordinance was adopted on
<br />firs~ and final reading, and by the following vote:
<br />
<br />"AN ORDINANCE TO ~MEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY
<br />kMENDING SECTION 23-493, PERTAINING TO MALL TRANSIT STREETS."
<br />
<br />Ayes: Barnes, Beamer, Gray, Holley, Webb, Johansen
<br />Nays: None
<br />
<br />
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