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April 24, 2018
<br />
<br />WHEREAS,
<br /> C.E. Forehand, authorized agent for T-Mobile Communications, the
<br />contract lessee of the subject property, has made application pursuant to Section 40.1-
<br />2.3B of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit
<br />to construct and operate a 160 foot monopole telecommunications tower and equipment
<br />compound at 0 Halifax Avenue, Portsmouth, Virginia, Tax Parcel 0353-0011; and
<br />
<br />WHEREAS,
<br /> Brad Barker, the owner of the subject property, has consented to the
<br />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 T-Mobile Communications is hereby granted a use permit pursuant to
<br />Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct
<br />and operate a 160 foot monopole telecommunications tower and equipment compound
<br />at 0 Halifax Avenue, Portsmouth, Virginia, Tax Parcel 0353-0011, being more particularly
<br />described as:
<br />
<br />UP-18-02
<br />
<br />0 Halifax Avenue
<br />(Tax Parcel 0353-0011)
<br />
<br />(1) ALL THAT portion of Martha B. Blanchard’s, Alva W. Blanchard’s, and Blanchard
<br />Family Properties, L.L.C.’s Armstead Branch right of way 50 feet in width, i.e., 25 feet on
<br />each side of the center line of said Armstead Branch, as formerly located, lying between
<br />the western line of Halifax Avenue and the western boundary line of land described in
<br />deed dated November 7, 1958, from the Atlantic Coast Line Railroad Company,
<br />predecessor in right, title interest and estate of Seaboard Coast Line Railroad Company,
<br />to Blanchard’s Inc.; containing 0.35 of an acre, more or less, as shown on print of
<br />Seaboard Coast Line Railroad Company’s Division Engineer’s Drawing No. B-234, dated
<br />May 26, 1961, last revised October 12, 1978, which print is attached to a Deed from
<br />Seaboard Coast Line Railroad Company to Isabelle J. Blanchard and T. Deale Blanchard,
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