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January 13~ 1981 <br /> <br /> 80-438 On,motion of Mrs. Webb and seconded by Mr. Gray, <br />approved on first reading at the Public Hearing of December 8, <br />following vote: <br /> <br />the following resolution <br />1980, was adopted and by the <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO BISHOP OTIS NIXON TO OPERATE A DAY CARE <br />CENTER NEAR THE NORTHEAST CORNER OF MONTCLAIR AND HANSEN AVENUE. <br /> <br /> WHEREAS, Eva N. Foggie, by Bishop Otis Nixon, made <br />of the Code of the City of Ports'mouth, Virginia, 1973, <br />hereinafter-described; and <br /> <br />an application pursuant to ~0-75(b) <br />for the granting of a use permit as <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 />WHEREAS, the Planning Commission has recommended the granting of said use permit. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: <br /> <br />1. that the use for which the use permit hereinafter is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing and working <br />in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to <br />improvements in the neighborhood; and <br /> <br /> (c) Will be in accord with the <br /> <br />the public use or injurious to the property or <br />purposes of the Zoning Chapter of the City Code. <br /> <br /> 2. That Eva N. Foggie, by Bishop Otis Nixon, is hereby granted a use permit pursuant <br />to 840-7S(b) of the City Code to operate a day nursery/child care center at the property <br />described as follows subject to the conditions set forth in Paragraph 3. <br /> <br />UP-80-17 <br /> <br /> Beginning at the northeast corner of Montclair Avenue and Hansen Avenue; <br />thence north along the east right-of-way of Montclair Avenue 50'; thence <br />east 111'; thence south 50' to the north right-of-way of Hansen Avenue; <br />thence west along said right-of-way 111' to the point of origin. <br /> <br />3. This use permit is approved subject to the following conditions: <br /> <br /> (1) That the day nursery/child care center may be operated for up to thirty-five <br />(35) children under the age of six (6) years of age: and <br /> <br /> (2) That the petitioner shall comply with all statutes, ordinances, policies and <br />regula.tions of federal, state and local governments that may be applicable, and shall have <br />obtained all necessary licenses and permits required for this use." <br /> <br />Ayes: Barnes, Beamer, Gray, Oast, Webb, Whitlow, Johansen <br />Nays: None <br /> <br /> 80-438 The following ordinance deferred from the Public Hearing of December 8, 1980, <br />was taken up and read: <br /> <br />"AN ORDINANCE TO'AMEND CHAPTER 33 OF THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1973, BY ADDING THERETO, SECTION 33-58 PERTAINING TO THE RESUB- <br />DIVISION OF PROPERTY." <br /> <br /> On motion of.Mr. Whitlow and seconded by Mrs. Webb, the ordinance was adopted, and by <br />the following vote: <br /> <br />Ayes: Barnes, Beamer, Gray, Oast, Webb, Whitlow, Johansen <br />Nays: None <br /> <br /> 80-444 The following ordinance approved on first reading at the regular meeting 6f <br />December 9, 1980, was taken up and read: <br /> <br />"AN ORDINANCE TO APPROPRIATE $22,000 FROM THE CAPITAL IMPROVEMENT FUND FOR <br />ENDGINEERING AND DESIGN COSTS FOR REPAIRS ~O THE WATERFRONT BULKHEAD, PHASE III." <br /> <br /> On motion of Mr. Barnes and seconded~by Mr. Oast, the ordinance was adopted, and by the <br />following vote: <br /> <br /> Ayes: Barnes, Beamer, Gray, Oast, Webb, Whitlow, Johansen <br /> Nays: None <br /> <br /> 80-449 On motion of Mr. Gray and seconded by Mr. Barnes, the following resolution was <br />adopted, and by the following vote: ! ~. <br /> <br /> <br />