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 />
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