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May 25, 2021
<br />
<br />WHEREAS
<br /> , Robert C. Barclay IV, the authorized agent for The L. Louise Lucas
<br />Trust, the owner of the subject property, has made application pursuant to Section 40.2-
<br />533 of the Code of the City of Portsmouth, Virginia for the granting of a use permit to
<br />operate a residential drug and alcohol treatment facility at 1819 Elm Avenue, Tax Parcel
<br />0069-0180; 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 approval of the
<br />application for a use permit.
<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 The L. Louise Lucas trust is hereby granted a use permit pursuant to
<br />Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate a residential
<br />drug and alcohol treatment facility at 1819 Elm Avenue (Tax Parcel 0069-0180), being
<br />more particularly described as:
<br />
<br />UP-21-04
<br />
<br />1819 Elm Avenue
<br />(Tax Parcel 0069-0180)
<br />
<br />ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
<br />thereon, lying, being and situate in the City of Portsmouth, Virginia, and more particularly
<br />described as follows: Disposition Parcel 68 as shown on that certain plat entitled “Plat
<br />Showing Survey of Disposition Parcel 68, Prentis Park Project, Portsmouth, Virginia, for
<br />the Portsmouth Redevelopment & Housing Authority,” prepared by AML Surveying, Land
<br />Surveying & Planning, Portsmouth, Virginia, and dated June 30, 1998 (the “Plat”), which
<br />Plat was recorded in Deed Book 1250 at page 764 on February 11, 1999.
<br />
<br />IT BEING all that certain property conveyed by Deed of Gift from Southside Direct Care
<br />Provider, L.L.C., a Virginia limited liability company, to The L. Louise Lucas Trust dated
<br />December 24, 2009 and recorded in the Portsmouth Circuit Court Clerk’s Office as
<br />Instrument Number 100000008.
<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 owner and its successors and assigns shall maintain at least twelve (12)
<br />parking spaces to serve the use.
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