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January 11, 2000 - Unfinished Business - Consent Aqenda 99 - 268 - Use permit and code amendment applications: Motion by Mr. Robinett, and seconded by Mr. Whitehurst, to adopt the following resolution and ordinance, approved at the December 14, 1999 meeting, and was adopted by the following vote: 99-268(a): "A RESOLUTION GRANTING A USE PERMIT TO JOE AND MARTHA VINSON FOR THE OPERATION OF A FAMILY DAY HOME FACILITY AT 121 APPOMATTOX AVENUE. WHEREAS, Joe and Martha Vinson have made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to operate a family day home facility at 121 Appomattox Avenue, Portsmouth, Virginia; and WHEREAS, the applicants and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting the application for an amended use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the use for which the permit hereinafter-described is sought: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and convenient traffic movement; and (e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That Joe and Martha Vinson are hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a family day home facility on property located at 121 Appomattox Avenue, and being more particularly described as: UP-99-18 Beginning at the south west intersection of Maupin Avenue and Appomatox Avenue; thence in a westerly direction 300' to the point of beginning; thence in a southerly direction 125' to a point; thence in a westerly direction 100'; thence in a northerly direction 125'; thence in a easterly direction 125' to the point of beginning. 3. That this use permit is approved subject to the following conditions: (a) The occupancy of the Family Day Home facility shall be limited to no more than twelve (12) children. (b) years of age. The age range of the children shall be from newborn to twelve (12)