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June 28, 2016 <br /> <br />WHEREAS <br /> , the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS <br /> , the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br /> by the Council of the City of <br />Portsmouth, Virginia: <br /> <br /> 1. That it finds that the use for which the permit is sought: <br /> <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br /> <br />(b) Is consistent with the comprehensive plan; <br /> <br />(c) Is compatible with the character of surrounding lands and the uses permitted in <br />the zoning district(s) of surrounding lands; <br /> <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br /> <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br /> <br />(f) Maintains safe and adequate egress and ingress onto the site, and safe road <br />conditions around the site; <br /> <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 /> <br />(h) Complies with all other city, state, and federal laws and regulations. <br /> <br /> 2. That The Whitmore Company, LLC is hereby granted a use permit <br />pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to <br />develop and operate not more than 46 units of multifamily housing at 430 Crawford <br />Street, Portsmouth, Virgina, being more particularly described as: <br /> <br />UP-16-06 <br /> <br />430 Crawford Street <br />(Tax Parcel 0006-0530) <br /> <br />ALL THAT certain lot, piece or parcel of land, with the buildings and improvements <br />thereon, situate, lying and being in the City of Portsmouth, Virginia, designated as <br />Parcel “B”, 30,969 square feet, 0.71094 acres, as shown on plat entitled, “Minor <br />Subdivision of Property of GEM Portsmouth Parking, L.L.C. and Greater Portsmouth <br />Development Corporation, Portsmouth, Virginia”, dated July 2, 2001, prepared by <br />Steven I. Boone & Associates, P.C., which plat is recorded in the Clerk’s Office of the <br />Circuit Court of the City of Portsmouth, Virginia, in Map Book 18, pages 195 and 196, <br />reference to which plat is hereby made for a more particular description. <br /> <br />TOGETHER with any and all rights, easements and rights of way benefiting the said <br />property. <br /> <br />BEING the property conveyed to Mimi, Inc., a Virginia corporation, by Deed of Bargain <br />and Sale from M K Investments, a Virginia general partnership, dated September 30, <br />2002 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number <br />030057558. <br /> <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 /> <br /> <br /> <br /> <br /> <br />