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Au,qust 24, 1999 <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That the use for which the permit hereinafter-described is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons <br />residing or working in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to the public use or injurious to the <br />property or improvements in the neighborhood; <br /> <br /> (c) Will be provided with sufficient landscaping to insure <br />compatibility with surrounding uses; and <br /> <br /> (d) Will be a project that will be developed according to a plan <br />for parking, driveways, and curb cuts which will provide for safe and convenient traffic <br />movement; and <br /> <br /> (e) Will be in accordance with the purposes of the City of <br />Portsmouth Zoning Ordinance. <br /> <br /> 2. That Richard and Sharon Atkison are hereby granted a use permit <br />pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for <br />the operation of a restaurant and two apartment units on property located at 446 Green <br />Street, and being more particularly described as: <br /> <br />UP-99-11 <br /> <br /> Beginning at the northwest corner of the intersection of Green Street <br />and Queen Street; thence, north 85'+ to a point; thence, west 93'+ to a point; thence, <br />south 85'+ to a point; thence, east 93'+ to a point of the beginning. <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br /> (a) All alterations to the exterior of the building must receive <br />prior approval from the Downtown Design Committee which may, in keeping with its <br />guidelines, require alternative features. All exterior features must be complete prior to <br />the issuance of a Certificate of Use and Occupancy. <br /> <br /> (b) The hours of operation shall be from 11:00 A.M. to 9:00 P.M. <br />Sunday through Thursday and 11:00 A.M. to 10:00 P.M. Friday through Saturday. <br />Seating for the restaurant shall, be limited to 70 seats. <br /> <br /> (c) The applicants shall obtain a parking exception from the <br />required 22 on-site parking space requirement. <br /> <br /> (d) All activities conducted on this site shall be in compliance <br />with Section 24-255 of the City Code; Loud Disturbances and Unnecessary Noise or <br />Sound. <br /> <br /> (e) Any signage and landscaping on-site shall receive prior <br />approval of the Downtown Design Committee. <br /> <br /> (f) The applicants shall comply with all applicable codes, <br />ordinances and regulations of federal, state and local governments, shall obtain <br />necessary inspections; and, maintain all necessary licenses and permits. <br /> <br /> (g) All taxes owed on or in connection with the property or the <br />proposed operation shall be paid when due. <br /> <br /> REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br /> <br />