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w" ", R-OB-4s A RESOLUTION GRANTING A USE PERMIT (UP-08-10) TO RICHMOND 20MHz, L.L.C., d/b/a nTELOS TO CONSTRUCT AND OPERATE A TELECOMMUNICATIONS FACILITY AT 1729 COLUMBUS AVENUE. WHEREAS, Richmond 20MHz, L.L.C., d/b/a nTELOS has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to construct a telecommunications facility at 1729 Columbus A venue, Portsmouth, Virginia; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the granting of the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and convenient traffic movement; and (e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That Richmond 20MHz, L.L.C., d/b/a nTELOS is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) to construct and operate a telecommunications facility at 1729 Columbus Avenue, Portsmouth, Virginia, and being more particularly described as: UP-08-10 1729 Columbus Avenue All that certain lot, piece or parcel of land, situate, lying and being in the City of Portsmouth, Virginia, and being