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<br />R-09-42 <br /> <br />A RESOLUTION GRANTING A USE PERMIT (UP-09-04) TO CONSTRUCT <br />AND OPERATE A TELECOMMUNICATIONS TOWER AT 3797 LILAC <br />DRIVE. <br /> <br />WHEREAS, T-Mobile Northeast, LLC, has made application pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting <br />of a use permit to construct a telecommunications facility at 3797 Lilac Drive, <br />Portsmouth, Virginia; and <br /> <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That it finds that the use for which the permit is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or <br />working in 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; <br /> <br />(c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br />(d) Will be a project that will be developed according to a plan for parking, <br />driveways, and curb cuts which will provide for safe and convenient <br />traffic movement; and <br /> <br />(e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br />2. That the application of T-Mobile Northeast, LLC, for a use permit) to <br />construct and operate a telecommunications facility at 5788 Churchland Boulevard is <br />hereby granted, and the subject property is more particularly described as follows: <br />