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April 24, 2018
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<br />Sr., dated February 5, 1979 and recorded May 3, 1979 in the Clerk’s Office, Circuit Court,
<br />City of Portsmouth, Virginia in Deed Book 754, page 459.
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<br />LESS AND EXCEPT that real estate conveyed to Maryview Hospital by Deed of
<br />Exchange from Blanchard Family Properties, L.L.C., and Isabelle J. Blanchard, dated
<br />September 19, 2000 and recorded September 19, 2001 in the Clerk’s Office, Circuit
<br />Court, City of Portsmouth, Virginia, as Instrument No. 012945.
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<br />LESS AND EXCEPT any portion of Halifax Avenue.
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<br />(2) ALL THAT certain lot, piece or parcel of land, with its appurtenances, situate in the
<br />City of Portsmouth, Virginia and being known, numbered and designated as “AREA
<br />CONVEYED TO BLANCHARD FAMILY PROPERTIES, L.L.C. & ISABELLE J.
<br />BLANCHARD: 1793.0 sq. ft., 0.041 ac.” on that certain plat entitled “RESUBDIVISION
<br />OF REMAINDER OF PROPERTY OF EVERGREEN MEMORIAL PARK COMPANY,
<br />PART OF BLANCHARD FAMILY PROPERTIES, L.L.C. & ISABELLE J. BLANCHARD,
<br />and PROPERTY OF MARYVIEW HOSPITAL, A VIRGINIA CORPORATION”, dated April
<br />4, 2000, and recorded with a Deed of Exchange between Maryview Hospital, Blanchard
<br />Family Properties, L.L.C. and Isabelle J. Blanchard, dated September 19, 2000 and
<br />recorded September 19, 2001 in the Clerk’s Office, Circuit Court, City of Portsmouth,
<br />Virginia as Instrument Number 012945.
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<br />IT BEING a portion of that certain property conveyed to Brad Barker by Deed from Martha
<br />B. Esleek, et als. dated January 6, 2006 and recorded in the Portsmouth Circuit Court
<br />Clerk’s Office as Instrument Number 060004150.
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<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:
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<br />(a) The proposed development shall be in substantial compliance with the plans
<br />prepared by Allpro Consulting Group, Inc. dated December 28, 2017 (date issued for
<br />review) and submitted by the applicant, except where modifications may be required to
<br />comply with the City’s Ordinance requirements.
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<br />(b) The height of the telecommunications tower shall not exceed 160 feet measured
<br />from the ground surface immediately adjacent to the tower.
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<br />(c) A Type C bufferyard as set forth in Section 40.1-5.2(E) of the Portsmouth City
<br />Code shall be provided around the perimeter of the fenced compound surrounding the
<br />telecommunications tower, except at the access gate, and an alternative fencing material,
<br />other than chain link fencing, shall be installed to secure the site. The gate shall provide
<br />a screening method acceptable to the Director of Planning.
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<br />(d) Any required operating licenses, approvals and permits for the
<br />telecommunications tower shall be obtained and kept current, and the
<br />telecommunications tower shall be operated in accordance with all federal, state and local
<br />laws and regulations.
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<br />(e) All taxes/fees associated with the property and/or the proposed use shall be paid
<br />when due.
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<br />REVOCATION OF PERMIT:
<br />4. Violation of any of the above conditions may
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<br />serve as grounds for revocation of the use permit by City Council.
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<br />Ayes: Clark, Lucas-Burke, Moody, Psimas, Smith, Rowe
<br />Nays: Whitaker
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