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March 8, 2022 <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 with <br />conditions of the 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 Travis and Toya, LLC is hereby granted a use permit pursuant to <br />Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate an <br />entertainment establishment at 6263 Portsmouth Boulevard (Tax Parcel 0620-0020), <br />being more particularly described as: <br /> <br />UP-22-02 <br /> <br />6263 Portsmouth Boulevard <br />(Tax Parcel 0620-0020) <br /> <br />ALL THAT certain lot, piece or parcel of land with the buildings and improvements <br />thereon, situate, lying and being in the City of Portsmouth, Virginia, shown on that certain <br />plat entitled “Physical Survey of A Portion of Parcel A As Shown on Plat Entitled <br />‘Subdivision of A Portion of Property owned by Burrell Johnson, et als, Portsmouth, <br />Virginia’” for Burrell R. Johnson and Frances R. Johnson made by Ernest C. Hawkins, Jr. <br />and Associates, Surveyors and Planners, Suffolk, Virginia and recorded in the Clerk’s <br />Office of the Circuit Court of the City of Portsmouth, Virginia in Map Book 15 at Page 174 <br />and bring bounded and described according to said plat as follows: Beginning at an iron <br />pin at the intersection according to western boundary line of Lot 71 on the plat of <br />Mayflower Park #2 recorded in the Clerk’s Office of the Circuit Court of the City of <br />Chesapeake, Virginia in Map Book 54 at page 12 and the southern right of way line of <br />Portsmouth Boulevard; thence in a westerly direction along the South right of way line of <br />Portsmouth Boulevard South 77° 26’ 00” East a distance of 337.46 feet to a pin; thence <br />South 12° 34’ 00” West a distance of 200 feet to a pin; thence South 77° 26’ 00” E a <br />distance of 136.06 feet; thence on a curve to the left having a radius of 330.77’ an arc <br />distance of 139.56 feet; thence North 77° 23’ 35” West a distance of 134.45 feet; thence <br />South 12° 36’ 25” West a distance of 161.39 feet; thence North 77° 15’ 09” East a distance <br />of 86.94 feet; thence North 74° 58’ 40” East a distance of 59.20 feet; thence North 56° <br />53’ 49” East a distance of 42.43 feet to a point on the right of way line of Hodges Ferry <br />Road; thence on a curve to the left having a radius of 330.77’ an arc distance of 44.83 <br />feet; thence South 77° 15’ 09” West a distance of 205.98 feet; thence along a curve to <br />the left having a radius of 32’ and an arc distance of 36.13 feet; thence South 12° 34’ 00” <br />West a distance of 50.18 feet; thence North 77° 26’ 00” West a distance of 313 feet; <br />thence North 11° 10’ 00” West a distance of 141.35 feet; thence North 84° 53’ 23” East a <br /> <br /> <br /> <br /> <br />