Minutes 06/23/2015 - Laserfiche WebLink

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June 23, 2015 BEING that property conveyed to Commonwealth Portsmouth LLC by Deed from Federal Deposit Insurance Corporation as Receiver for Bank of the Commonwealth dated November 26, 2014 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 140011187. 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 expansion of the assisted living facility shall be in substantial conformity with the Preliminary Site Plan prepared by Michael Perry and dated January 15, 2015, except where modifications may be required to comply with the requirements of the Portsmouth City Code. Minor additions or improvements may be allowed subject to the approval of the Planning Director. (b) The occupancy of the expanded assisted living facility shall be limited to no more than 104 residents. (c) The occupancy of the single family residences at 4904 and 4908 West Norfolk Road shall be limited to single family residences only and shall not be used for any other use associated with the assisted living facility. Accessory structures and uses typically permitted with a single family residence and complying with the requirements of the Portsmouth City Code shall be permitted. (d) A Type B Buffer Yard, in accordance with Section 40.1-5.2 of the Zoning Ordinance, shall be required on the applicant’s property adjacent to all single family residences, including those located at 4904 and 4908 West Norfolk Road. (e) The applicant shall obtain and keep current any required operating licenses and shall operate in accordance with all applicable federal, state and local regulations. (f) All taxes/fees associated with the property and/or the proposed use shall be paid when due. REVOCATION OF PERMIT: 4. Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council.” Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Whitaker, Wright Nays: None 15 - 223 - Use permit: 15-223 (c): 1. Donna Sayegh, 3104 Garland Drive, spoke in support of this item. 2. Mark Geduldig-Yatrofsky, P. O. Box 50141, spoke in support of this item. Councilman Moody raised a point of order during the questioning of George Watkins, Portsmouth Port Industrial Commission member, by Councilman Whitaker indicating that the questioning was out of line, that the business had been in place for a number of years, that this was not a court of law and not the place where you impugn the integrity of people. Mayor Wright ruled that Mr. Moody was out of order and asked that Dr. Whitaker continue his remarks. Motion by Ms. Psimas, and seconded by Mr. Meeks, to adopt the following resolution, and was adopted by the following vote: