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February 14, 2023
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<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.
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<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.
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<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.
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<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.
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<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 for a vehicle sales use to rent U-Haul vehicles
<br />and sell moving supplies at 1820 Elm Avenue (Tax Parcel 0085-1190), being more
<br />particularly described as:
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<br />UP-22-18
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<br />1820 Elm Avenue
<br />(Tax Parcel 0085-1190)
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<br />ALL THAT certain lot, piece or parcel of land located in the City of Portsmouth, Virginia,
<br />more particularly described as follows:
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<br />BEGINNING at the northwest intersection of Elm Avenue and Lincoln Street and from
<br />said point of beginning running North along the West side of Elm Avenue 175.50 feet to
<br />the Southern boundary line of Lot 102 of Prentis Place Land Company; thence turning
<br />and running west and parallel or nearly so, to Lincoln Street 205 feet to the east side of
<br />Camden Avenue, thence turning and running south along the east side of Camden
<br />Avenue, thence 116 feet to a point; thence turning and running east and parallel or nearly
<br />so, to Lincoln Street, 83.50 feet to a point; thence turning and running south, or nearly so,
<br />parallel to Elm Avenue 59.50 feet to the northern side of Lincoln Street; thence turning
<br />and running east 121.50 feet along the northern side of Lincoln Street to the point of
<br />beginning.
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<br />The foregoing being all of Lots 103-109 as shown on the plat entitled “PLAN OF
<br />PRENTICE PLACE”, which said plat being duly recorded in the Clerk’s Office of the Circuit
<br />Court of the City of Chesapeake, Virginia, in Map Book 3, at page 65 and all of Lots 13-
<br />16 and a portion of Lots 12, 17 and 18, all in Block O, on that certain plat entitled, “PLAT
<br />OF ADDITION TO PRENTIS PLACE, OWNED BY THE PRENTIS PLACE LAN
<br />COMPANY, SITUATED IN NORFOLK COUNTY, VIRGINIA SURVEYED DECEMBER
<br />1895”, which said plat is duly recorded in the aforesaid Clerk’s office in Map Book 4, at
<br />page 45.
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<br />IT BEING the same property conveyed to Elkhart Assisted Living LLC by Deed of Bargain
<br />and Sale from Lewis Investors, LLC dated June 20, 2021 and recorded in the Clerk’s
<br />Office of the Circuit Court for the City of Portsmouth, Virginia as Instrument Number
<br />202109229.
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<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:
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<br />(a) No more than five (5) U-Haul vehicles shall be parked on the property at any given
<br />time.
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