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R -21 -13 <br />A RESOLUTION GRANTING A USE PERMIT (UP- 21 -09) TO D &K BUILDERS <br />TO CONSTRUCT A TOWNHOUSE DEVELOPMENT HAVING NOT MORE <br />THAN 52 UNITS AT 1107 AND 1021 HIGH STREET (TAX PARCELS 0063 -0030 <br />AND 0063 - 0040). <br />WHEREAS, Alvin Keels, the authorized agent for D &K Builders, the contract <br />purchaser of the subject property, has made application pursuant to Section 40.2 -533 of <br />the Code of the City of Portsmouth, Virginia for the granting of a use permit to construct <br />a townhouse development having not more than 52 units at 1107 and 1021 High Street <br />(Tax Parcels 0063 -0030 & 0063 - 0040); and <br />WHEREAS, the Economic Development Authority of the City of Portsmouth, <br />the owner of the subject property, has consented to the application; and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the approval of the <br />application for a use permit. <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it has reviewed and considered the application materials, the City <br />staff report, the proceedings and recommendation of the Planning Commission, all <br />comments made at the public hearing, and the discussion of the Council regarding the <br />application. <br />2. That it has considered factors it deemed applicable and consistent with the <br />Code of Virginia, which may include, without limitation, the nature, extent, external <br />effects, location, design or method of operation of the requested use, the City's <br />comprehensive plan, and the public health, safety, and general welfare. <br />3. That it has considered the imposition of conditions regarding the location, <br />character, and other features of the proposed use and finds and determines that the <br />conditions imposed by this Resolution are necessary to ensure compliance with the <br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse <br />effects from the proposed use. <br />4. That based on its review and consideration, it has determined that the use <br />permit requested by the subject application should be GRANTED WITH <br />CONDITIONS as provided in this Resolution. <br />5. That D &K Builders is hereby granted a use permit pursuant to Section <br />40.2 -533 of the Code of the City of Portsmouth, Virginia to construct a townhouse <br />