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October 28, 1980
<br />
<br /> 80-362 The following ordinance approved on first reading at the Public Hearing of
<br />October 13, 1980, was taken up and read:
<br />
<br />(b) "ZONING AMENDMENT ORDINANCE Z 80-11"
<br />
<br /> On motion of Mrs. Webb and seconded by Mr. Beamer, 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 /> 80-362 The following petition of Donald A. and Delores W. Garrett, by Attorney Donald
<br />C. Kilgore, deferred from the Public Hearing of October 13, 1980, was taken up and read:
<br />
<br />(c) "Z 80-12"
<br />
<br />The folldwing proffer received from Attorney Kilgore was submitted:
<br />
<br /> "Pursuant to Section 15.1-491.1, et. seq., of the Code of Virginia, 1950, as amended,
<br />Donald A. and Delores W. Garrett, by Attorney, Donald C. Kilgore, proffers to the Council of
<br />the City of Portsmouth, Virginia the following conditions in consideration of Council changing
<br />zoning classification of the area from OR-75 to OR-7S-C (Conditional):
<br />
<br />That the use of any building or improvement constructed on the premises
<br />subsequent to the date of adoption of the Zoning Ordinance Amendment will
<br />in conformity with the use and restrictions applicable to OR-7S.
<br />
<br />be
<br />
<br />That use of building and improvements located on the premises as of the date
<br />of the adoption of the Zoning Ordinance Amendment shall include those uses
<br />permitted in C-1 and OR-75, with right to replace and/or repair the building
<br />and improvements in conformity with uses for C-1 and/or 0R-75 requirements."
<br />
<br />Motion of Mrs. Webb and seconded by Mr. Barnes to approve Z 80-12 on first reading.
<br />
<br /> Substitute motion of Mr. Oast and seconded by Mr. Beamer, that Z 80-12 to be referred
<br />back to the Planning Commission for consideration of the proffer made by the applicant, and
<br />was adopted by the following vote:
<br />
<br />Ayes: Beamer, Gray,
<br />Nays: Barnes, Webb
<br />Abstaining: Whitlow
<br />
<br />Oast, Johansen
<br />
<br /> 80-362 The following ordinance approved on first reading at the Public Hearing of
<br />October 13, 1980, was taken up and read:
<br />
<br />(d) "ZONING AMENDMENT ORDINANCE Z 80-13"
<br />
<br /> Rick Stephenson, Attorney, representing the petitioner, spoke for the petition and
<br />offered to answer any questions of Council.
<br />
<br /> Motion of Mr. Whitlow and seconded by Mr. Gray, that Z 80-13 to be deferred subject
<br />to a report from the City Manager, and was adopted by unanimous vote.
<br />
<br /> 80-362 The following ordinance approved on first reading at the Public Hearing of
<br />October 13, 1980, was taken up and read:
<br />
<br />(e) "ZONING AMENDMENT ORDINANCE Z 80-14"
<br />
<br /> Motion of Mr. Whitlow and seconded by Mrs. Webb, that Z 80-14 to be deferred pending
<br />further evaluation by the office of the City Attorney on the current settlement nego%iation,
<br />i2 tke litigation between..the City and HUD, and was adopted by unanimous vote.
<br />
<br /> 80-362 - The following ordinance approved on first reading at the Public Hearing of
<br />October 13, 1980, was taken up and read:
<br />
<br />(h) "ZONING AMENDMENT ORDINANCE Z 80-17"
<br />
<br /> On motion of Mr. Beamer and seconded by Mrs. Webb, 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 /> 80-362 - On motion of Mrs. Webb and seconded by Mr. Beamer, the following resolution
<br />approved on first reading at the Public Hearing of October 13, 1980, was adopted and by the
<br />following vote:
<br />
<br />"A RESOLUTION GRANTING A USE PERMIT TO BETHANY BAPTIST CHURCH TO OPERATE A
<br />DAY NURSERY-KINDERGARTEN/CHILD CARE CENTER NEAR THE INTERSECTION OF PORTS-
<br />MOUTH BOULEVARD AND SHEA STREET.
<br />
<br /> WHEREAS, Bethany Baptist Church by the Rev. H. A. Hunderup, Jr., Pastor and Principal,
<br />made an application pursuant to ~40-75(b) of th~ Code of the City of Portsmouth, Virginia,
<br />1973, for the granting of a use permit as hereinafter-described; and
<br />
<br />
<br />
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