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November 26, 2013 <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 granting of the <br />application for a use permit with conditions. <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it finds that the use for which the permit is sought: <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />(c) Is compatible with the character of surrounding lands and the uses permitted in <br />the subject property's zoning district; <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br />(f) Maintains safe and adequate egress and ingress onto the site and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring lands to <br />develop the uses permitted in their zoning district(s); <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That the applicant is hereby granted a use permit pursuant to Section <br />40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct a pole <br />sign and a wall sign on the subject property, which is more particularly described as: <br />UP-13-14 <br />3225 Frederick Boulevard <br />Property owned by Third Capital, Inc. located at 3325 Frederick Boulevard and <br />designated as Tax Map 133 parcel 93 as modified by recent acquisitions. <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br />(a) The free standing sign shall not exceed 20 square feet in area and eight feet in <br />height, and the wall sign shall not exceed 40 square feet in area. <br />(b) Lighting of the pole sign shall be limited to external lighting positioned so as to <br />not create glare on any of the adjoining rights-of-ways. <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br />Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright <br />Nays: None <br />13 - 458 -Use permits: <br />