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October 12, 2021
<br />
<br />WHEREAS
<br /> , Edward E. O’Brien, the authorized agent for 441 Washington Street,
<br />LLC, 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 an entertainment establishment at 441 Washington Street (Tax Parcel 0012-
<br />0841); 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 Edward E. O’Brien is hereby granted a use permit pursuant to Section
<br />40.2-533 of the Code of the City of Portsmouth, Virginia to operate an entertainment
<br />establishment at 441 Washington Street (Tax Parcel 0012-0841), being more particularly
<br />described as:
<br />
<br />UP-21-13
<br />
<br />441 Washington Street
<br />(Tax Parcel 0012-0841)
<br />
<br />ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
<br />thereon known as the “Old 1891 Building”, situate lying and being in the City of
<br />Portsmouth, State of Virginia, and known, numbered and designated as “Parcel B”, as
<br />shown on that certain plat entitled “MINOR SUBDIVISION OF THE PROPERTY OF
<br />MONUMENTAL UNITED METHODIST CHURCH, PORTSMOUTH, VIRGINIA”, dated
<br />January 5, 2004, prepared by Stephen I. Boone and Associates, P.C., Land Surveyors,
<br />Portsmouth, Virginia, which said plat is recorded in the Clerk’s Office of the Circuit Court
<br />of the City of Portsmouth, Virginia, in Map Book 19, pages 198, 199, and to which
<br />reference may be made for a more particular description.
<br />
<br />IT BEING the same property conveyed to 441 Washington Street, LLC by Special
<br />Warranty Deed from the Economic Development Authority of the City of Portsmouth,
<br />Virginia dated September 16, 2005 and recorded as Instrument Number 050020116 in
<br />the Portsmouth Circuit Court Clerk’s Office.
<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 />
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