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2. That Daniel W. Aston is hereby granted a use permit pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to construct a mixed use building at the southwest comer of Court Street and County Street, Portsmouth, Virginia, and being more particularly described as: UP-12-07 Southwest corner-Court and County Streets All of that land bounded by the following. Beginning at a point said point being the southwestern comer of the intersection of Court and Count Streets, then proceeding southwardly along the western line of Court Street 225.5 feet, more or less, to a point that is the northwest comer of the intersection of Court Street and Columbia Street, then proceeding along the northern line of Columbia Street 136.81 feet, more or less, to a point, then proceeding northwardly N 030 38'08"W 56.62 feet, more or less, to a point, then proceeding S 86046'53"W 13.02 feet, more or less, to a point then proceeding N 030 38'23"W 169.52 feet, more or less, to a point in the southerhline of County Street, then proceeding along the southern line of County Street 149.92 feet, more or less, to the point of beginning. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The site shall be developed in substantial compliance with the site plan submitted by DBA Architects dated August 18, 2012 and attached to this application. (b) The building shall be developed in substantial conformance with the submitted elevation submitted by DBA Architect dated August 18,2012. (c) The architectural plans must be approved by the Portsmouth Downtown Design Committee prior to the issuance of any permits except this Use Permit. The Director of Planning shall be authorized to approve minor changes. (d) All uses on the property shall be operated in compliance with all applicable codes, ordinances, and regulations of federal, state, and local governments.