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August 22, 2017 <br /> <br />WHEREAS, <br /> Progressive Portsmouth, LLC, the owner of the property, has <br />consented to the filing of the application; and <br /> <br />WHEREAS <br /> , the applicant and the Planning Director have done all things required <br />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 Portsmouth, <br />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 the <br />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 New Kirn Development, LLC is hereby granted a use permit pursuant <br />to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to develop <br />and operate not more than 27 units of multifamily housing at 325-327 High Street and <br />341 High Street, Portsmouth, Virginia, being more particularly described as: <br /> <br />UP-17-07 <br /> <br />325-327, 341 High Street <br />(Tax Parcels 0007-0010, 0007-0070, and 0007-0071) <br /> <br />PARCEL ONE: <br />All that certain leasehold estate for ninety-nine (99) years, renewable forever, demised <br />by the Trustees of the Town of Portsmouth to Leon Hesdra by lease dated September <br />12, 1803 and recorded in Deed Book 41, page 145 in the Clerk’s Office of the Circuit <br />Court of the City of Chesapeake, Virginia, in and to land on the south side of High Street, <br />in the City of Portsmouth, Virginia and known by the present system of street numbers as <br />325-327 High Street and bounded and described as follows, to-wit: <br /> <br />Beginning at a point on the south side of High Street One Hundred Ten (110) feet east of <br />Court Street; thence running east along High Street Thirty-five (35) feet; thence south <br />One Hundred Thirteen (113) feet; thence west Thirty-five (35) feet and thence north One <br />Hundred Thirteen (113) feet to the point of beginning. <br /> <br />IT BEING the same property conveyed to Progressive Portsmouth, LLC by deed from <br />John D. Stevens dated December 27, 2007 and recorded in the Portsmouth Circuit Court <br />Clerk’s Office as Instrument Number 080000565. <br /> <br /> <br /> <br /> <br /> <br />