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August 28, 2018
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<br />NOW, THEREFORE, BE IT RESOLVED
<br /> by the Council of the City of Portsmouth,
<br />Virginia:
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<br /> 1. That it finds that the use for which the permit is sought:
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<br />(a) Complies with the applicable standards of the Zoning Ordinance;
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<br />(b) Is consistent with the comprehensive plan;
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<br />(c) Is compatible with the character of surrounding lands and the uses permitted in the
<br />zoning district(s) of surrounding lands;
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<br />(d) Is configured to minimize adverse effects, including the visual impacts of the
<br />proposed use on adjacent lands;
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<br />(e) Avoids significant deterioration of water and air resources, and other natural
<br />resources;
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<br />(f) Maintains safe and adequate egress and ingress onto the site, and safe road
<br />conditions around the site;
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<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
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<br />(h) Complies with all other city, state, and federal laws and regulations.
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<br /> 2. That Edward Walker is hereby granted a use permit pursuant to Section
<br />40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to operate an
<br />entertainment establishment at 467 Court Street, Portsmouth, Virginia, Tax Parcel 0006-
<br />0900, being more particularly described as:
<br />
<br />UP-18-04
<br />
<br />467 Court Street
<br />(Tax Parcel 0006-0900)
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<br />ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto
<br />belonging, situate in the City of Portsmouth, Virginia, on the east side of Court Street,
<br />between High Street and Queen Street, and bounded and described as follows:
<br />Beginning on Court Street at the Northwest corner of lot formerly the Court House lot;
<br />thence running North along the east side of Court Street, forty-two (42) feet, more or less,
<br />to the Yard pales now or formerly of Elizabeth Blamire; thence running East and parallel
<br />with the Court House lot one hundred fifteen (115) feet, more or less, to land now or
<br />formerly of David A. Reynolds; thence running South forty-two (42) feet, more or less, to
<br />the lot formerly the Court House lot; and thence running West along that lot to the point
<br />of beginning, said property being known as the Masonic Temple and being known by the
<br />present system of street numbering as 463-467 Court Street, Portsmouth, Virginia,
<br />together with all right, title and interest, and all easements acquired by and under a Deed
<br />dated May 10, 1904 from Otto C.A. Bindewald, et ux., to the Trustees of Portsmouth Naval
<br />Lodge No. 100. A.F. & A.M., and Trustees of Mount Horeb Royal Arch Chapter No. 11,
<br />which Deed is recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth,
<br />Virginia, in Deed Book 48, at page 404.
<br />
<br />IT BEING the same property conveyed to 467 Court Street, LLC, a Virginia limited liability
<br />company, by Deed from CJN Real Estate Holdings, LLC, a Virginia limited liability
<br />company, dated May 12, 2017 and recorded in the Portsmouth Circuit Court Clerk’s Office
<br />as Instrument Number 170004827.
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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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