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183 <br /> <br />January 12, I <br /> <br /> or loss; thence east 120' to the north right-of-way of Hartford Street; <br /> thence northeast 30', more or less, to Broad Street, the point of origin. <br /> <br /> 3. This use pormit is approved subject to the following conditions: <br /> <br /> (1) That the child care centor may be operated for up to seventy-one children <br />under the age of six (6) years of age; and <br /> <br /> (2) rhat the potitionors shall comply with all statutes, ordinances, policies and <br />regulations of federal, state and local governments that may be applicable, and shall have <br />obtained all necessary licenses and permits requirod for this uss, including, but not <br />limited to, the Commonwealth of Virginia license authorizing an enrollment of seventy-one <br />(71) children." <br /> <br />Ayes: Beamer, Gray, Oast, Webb, Whitlow, Johansen <br />Nays: Barnes <br /> <br /> 80-438 On motion of Mr. Beamor and secondod <br />approved on first reading at the Public Hearing of <br />following vote: <br /> <br />by Mr. Whitlow, the following rosolution <br />December 8, 1980, was adopted and by the <br /> <br />(i) <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO JESSE A. DeBRAUX, SR., PASTOR, TO <br />OPERATE A HOUSE OF WORSHIP ON LAND LOCATED NORTH OF tHE NORTHWEST CORNER <br />OF DEEP CREEK BOULEVARD AND ELLIOTT AVENUE. <br /> <br /> WHEREAS. Will~am Lee Goldsticker, by Pastor Jesse A. DeBraux, Sr., <br />pursuant to ~40-70,b), Code of the City of Portsmouth, 1973, as amended, <br />of a use permit as heroinaftor-described; and <br /> <br />made an application <br />for the granting <br /> <br /> WHEREAS, the applicant and the Planning Director have done all things required to be <br />done in connection with said application; and <br /> <br />in <br /> <br /> WHEREAS, the Planning Commission has recom~endod the granting of said use permit. <br /> NON, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: <br /> 1. That the use for which the use permit hereinafter-described is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing and working <br />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; and <br /> <br />(c) Will be in accord with the purposos of the Zoning Chaptor of the City Code. <br /> <br /> 2. That William Lee Goldsticker, by Pastor Jesse A. DeBraux, Sr., is hereby granted a <br />use permit pursuant to ~4070[b) of the Code of the City of Portsmouth, 1973, to operate a <br />House of Worship on property described herein subject to conditions set forth in Paragraph <br />3. <br /> <br />UP-80-16 <br /> <br /> Beginning at the northwest cornor of Deep Crook Boulovard and <br />Elliott Avenue; thonce westerly along the north right-of-way of Elliott <br />Avenue 274.19'; thence northorly 100'; thenco westerly 161.21'; thence <br />northerly 40.92'; thence easterly 120'; thence westerly 472.O8'; thence <br />northorly 16.21'; thenco westerly 87.15'; thence northerly 40.46' to <br />the south ri~ht-of-way of P~nnock Street; thence easterly along Pennock <br />Stroet to the west right-of-way of Deep Creek Boulevard; thence southerly <br />along Deep Creek Boulevard to Elliott Avenue to the point of origin. <br /> <br />3. This use pormit is approved subject to the following conditions: <br /> <br /> (1) That this use permit and the occupancy permit issued pursuant thereto will <br />expire on December 31, 1981 or prior thereto if the House of Worship under the direction <br />of Pastor Jesse A. DeBraux, Sr. vacates the premises; <br /> <br /> (2) That the use permit would be issued to Pastor Jesse A. DeBraux, Sr. to cover <br />such activities at the premises and would not be transferrable to any other person or <br />church or to any other premises or to any new structure erected on the premises and that <br />any transfer of any such use permit must be recommended by the Planning Commission and <br />approved by the City Council; and <br /> <br /> (3) That the structure meet all City Code rrequirements of a place of public <br />assembly during the time it is authorized to operate as a House of Worship and that all <br />such improvements required by said Code be completed prior to the use of the property as <br />place of worship." <br /> <br />Ayes: Barnes, Beamer, Gray, Oast, Webb, Whitlow, Johansen <br />Nays: None <br /> <br /> <br />