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April 27, 2004 <br /> <br /> WHEREAS, ESW Western Branch Associates LLC, has made application <br />pursuant to Section 40-112 of the Code of the City of Portsmouth, Virginia (1988), as <br />amended, for the approval and granting of a use permit to operate a self-storage facility <br />at 3400 Western Branch Boulevard; and <br /> <br />WHEREAS, the subject property is more particularly described as follows: <br /> <br />UP-04-05 <br /> <br />Beginning at a point 125'+ north and 200'+ west of the <br />northwest intersection of Forest Haven Lane and Western <br />Branch Boulevard; thence, in a northerly direction 525'+ to a <br />point: thence, in a westerly direction 795.53'+ to a point; <br />thence, in a southerly direction 416'+ to a point; thence, in an <br />easterly direction 234.52'+ to a point; thence, in a southerly <br />direction 40'+ to a point; thence, in an easterly direction <br />360'+ to a point; thence, in a northerly direction 100.60'+ to a <br />point; thence, in an easterly direction 200'+ to the point of <br />beginning. <br /> <br />and <br /> <br /> WHEREAS, the Planning Commission has reviewed such application and site <br />plan submitted therewith and has recommended conditional approval of said <br />application; and <br /> <br /> WHEREAS, the applicant is aware that building permits and any other required <br />permit will be issued only upon compliance with the ordinances, laws or regulations <br />applicable thereto; and <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia finds that the use for <br />which the permit hereinafter-described 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 traffic movement; <br />and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia that: <br /> <br /> 1. A use permit for the operation of a self-storage facility at 3400 Western <br />Branch Boulevard is hereby granted subject to the following terms and conditions that <br />shall apply to the applicant and any successor in interest: <br /> <br /> (a) The self-storage facility shall comply with the proffers of the rezoning <br />adopted October 28, 2003. <br /> <br /> (b) The use of the property will be limited to public warehousing and storage <br />(SIC 422) and related office, parking, drainage, public utility and open space usage. <br /> <br /> (c) The proposed self-storage and related facilities will be constructed on the <br />property in accordance with the submitted site plan, landscaping plan and building <br />elevations. <br /> <br /> <br />