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May 27, 2014 <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 the zoning districts; and <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That The Whitmore Company, LLC is hereby granted a use permit <br />pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to <br />construct amulti-family apartment building containing not more than 46 residential units <br />that exceeds the allowable density in the Downtown D-1, T4 sub-district at 600 <br />Washington Street, and being more particularly described as: <br />U P-14-08 <br />600 Washington Street <br />ALL THAT certain lot, piece or parcel of land, together with all improvements thereon <br />and the appurtenances thereunto belonging, situate in the City of Portsmouth, State of <br />Virginia, more particularly bounded and described as follows: <br />Beginning at the point of intersection of the Northern line of County Street and the <br />Western line of Washington Street and running thence with the Northern line of County <br />Street N.89° 26' W. 155 feet to a point; thence leaving the Northern line of County <br />Street and running due North parallel with the Western line of Washington Street 113.38 <br />feet to a point; thence N. 89° 17 W. 26.13 feet to a point; thence N. 0° 16' E. 113.65 feet <br />to a point in the Southern line of King Street; thence with the Southern line of King <br />Street S. 89° 28' E. 180.60 feet to the intersection of the Southern line of King Street <br />with the Western line of Washington Street; thence with the Western line of Washington <br />Street due South 227.19 feet to the point and place of beginning at the intersection of <br />County and Washington Streets as aforesaid. <br />BEING all the property conveyed by Leathel Holding Corporation, a Virginia corporation, <br />to Wes Tex Properties, LLC, a Virginia limited liability company, by Deed of Bargain and <br />Sale dated January 17, 2007 and recorded in the Clerk's Office of the Circuit Court for <br />the City of Portsmouth, Virginia as Instrument Number 070002132. <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicants and any successor in interest: <br />(a) The proposed development shall be in substantial compliance with the Layout <br />Plan prepared by Engineering Services Inc., dated March 14, 2014 and the Elevation <br />prepared by DBA Architects dated September 19, 2013, except where modifications <br />may be required to comply with the City's Ordinance requirements. <br />(b) The number of dwelling units in the development shall not exceed 46. <br />(c) All taxes and fees in connection with the proposed use shall be paid when due, <br />as determined by the City Treasurer. <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by City Council." <br />Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright <br />Nays: None <br />Motion by Mr. Moody, and seconded by Mr. Cherry, to add an item to the <br />agenda, and was adopted by the following vote: <br />