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April 27, 2021
<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 has reviewed and considered the application materials, the City staff
<br />report, the proceedings and recommendation of the Planning Commission, all comments
<br />made at the public hearing, and the discussion of the Council regarding the application.
<br />
<br /> 2. That it has considered factors it deemed applicable and consistent with the
<br />Code of Virginia, which may include, without limitation, the nature, extent, external effects,
<br />location, design or method of operation of the requested use, the City’s comprehensive
<br />plan, and the public health, safety, and general welfare.
<br />
<br /> 3. That it has considered the imposition of conditions regarding the location,
<br />character, and other features of the proposed use and finds and determines that the
<br />conditions imposed by this Resolution are necessary to ensure compliance with the
<br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse
<br />effects from the proposed use.
<br />
<br /> 4. That based on its review and consideration, it has determined that the use
<br />GRANTED WITH CONDITIONS
<br />permit requested by the subject application should be
<br />as provided in this Resolution.
<br />
<br /> 5. That Kenjoh Outdoor, LLC is hereby granted a use permit pursuant to
<br />Section 40.2-533 of the Code of the City of Portsmouth, Virginia to construct a permanent
<br />freestanding outdoor advertising sign standing approximately 50 feet high, and having a
<br />sign area with approximate dimensions of 14 feet by 48 feet, at 1420 Columbus Avenue,
<br />Tax Parcel 0208-0021, being more particularly described as:
<br />
<br />UP-21-02
<br />
<br />1420 Columbus Avenue
<br />(Tax Parcel 0208-0021)
<br />
<br />ALL THAT certain lot of land and improvements thereon situate, lying and being in the
<br />City of Portsmouth, Commonwealth of Virginia, designated Lot Three (3) on the Plat of
<br />Perry Gardens as recorded in Map Book 2, Page 49, in the Clerk’s Office of the Court of
<br />Hustings from the said City of Portsmouth, and part of that certain unnumbered parcel of
<br />land situate, lying and being in said City of Portsmouth, all as shown on a plat prepared
<br />by Baldwin and Gregg, Civil Engineers and Surveyors, dated July 27, 1960, entitled “Plat
<br />of Part of Property of Seaboard Airline Railroad Company, Portsmouth, Virginia”; LESS
<br />AND EXCEPT, that certain tract containing 0.136 acres, more or less, as more particularly
<br />described in a Deed from Friedman-Hecht Realty Company, Inc. to the Commonwealth
<br />of Virginia, bearing date of September 5, 1962, of record in Deed Book 392, at page 609.
<br />
<br />IT BEING the same property conveyed to Columbus Ave., LLC by Deed of Bargain and
<br />Sale from Jonlis Properties, LLC by Deed dated March 31, 2011 and recorded in the
<br />Portsmouth Circuit Court Clerk’s Office as Instrument Number 110003179.
<br />
<br /> 6. 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 />(a) The outdoor advertising sign and the property on which it is situated shall be
<br />developed and maintained in substantial compliance with the concept site plan entitled
<br />Kenjoh Outdoor Advertising I-264 Billboard, survey and photo simulation prepared by
<br />AES and dated 1/06/2021, except where modifications may be required to comply with
<br />applicable local, state, and federal codes and regulations.
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