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October 25, 2022 <br /> <br />WHEREAS, <br /> Cars 4 Less, Inc., the owner of the subject property, has consented <br />to the filing of the application; 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 denial of the application <br />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 a use permit is hereby granted pursuant to Section 40.2-533 of the <br />Code of the City of Portsmouth, Virginia to operate an urban agriculture facility at 1300 <br />High Street (Tax Parcel 0038-1330), being more particularly described as: <br /> <br />UP-22-12 <br /> <br />1300 High Street <br />(Tax Parcel 0038-1330) <br /> <br />ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of <br />Portsmouth, Virginia, and being more particularly described as follows: <br /> <br />PARCEL A: Lots 69, 70, 71, 72, 93, 94, 95, and 96 on the plat of land of Samuel L. Wilson, <br />and Lots 65, 66, and 81 on the Plan of Holladay, which plats are recorded in the Clerk’s <br />Office of the Circuit Court of the City of Chesapeake, Virginia, in Map Book 1, at pages <br />82 and 37 respectively. <br /> <br />PARCEL B: Lots 67, 82, and 83 on the Plan of Holladay, which plat is recorded in the <br />Clerk’s Office of the Circuit Court of the City of Chesapeake, Virginia, in Map Book 1, at <br />page 37. <br /> <br />PARCEL C: Lots 68, 84, and 85 on the Plan of Holladay, which plat is recorded in the <br />Clerk’s Office of the Circuit Court of the City of Chesapeake, Virginia, in Map Book 1, at <br />page 37. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />