Minutes 05/23/2023 - Laserfiche WebLink

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May 23, 2023 3. That it has considered the imposition of conditions regarding the location, character, and other features of the proposed use and finds and determines that the conditions imposed by this Resolution are necessary to ensure compliance with the general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse effects from the proposed use. 4. That based on its review and consideration, it has determined that the use GRANTED WITH CONDITIONS permit requested by the subject application should be as provided in this Resolution. 5. That a use permit is hereby granted pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate a child day center at 4710 High Street West (Tax Parcel 0759-0010), the said property being more particularly described as: UP-23-02 4710 High Street West (Tax Parcel 0759-0010) ALL THAT certain piece or parcel of land situated in the City of Portsmouth, Virginia with the buildings and improvements thereon and the appurtenances thereto belonging, which parcel of land is shown on a plat entitled “Plat of Survey of Property Conveyed from Estate of W.B. Carney to Joseph W. Dunkum” made by Herbert C. Cassell, November 5, 1935, which plat is duly recorded in the Clerk’s Office of the Circuit Court of Chesapeake, Virginia in Map Book 21, page 65, and which property is bounded and described, in accordance with said plat, as follows: Beginning at an iron stob in the northern line of the Portsmouth-Churchland Road, which stob is at the southwest corner of a well, and in the dividing line between the property here described and that now or formerly belonging to the Estate of Hardy Duke, and from such point of beginning, running North 23°40’ East, and along the dividing line between the property here described and that adjoining it on the East, now or formerly belonging to the Estate of Hardy Duke, a distance of Six Hundred Fifty-one and eight-tenths (651.8) feet to an iron stob on the eastern edge of a ditch; thence along a line, making an angle with said last mentioned line of 110°15’ and along a course which bears North 46°05’ West, a distance of Two Hundred Ninety-seven (297) feet to an iron stob, the southeast corner of a well; thence continuing along a course running North 45°05’ West, a distance of One Hundred Ninety-nine and two tenths (199.2) feet to an iron stob; thence along a line making an angle with the last mentioned line of 68° 45’ and along a course running South 23°40’ West, a distance of Six Hundred Twenty and one tenth (620.1) feet to an iron stob in the northern line of the said Portsmouth-Churchland Road; thence along the said northern line of the said Portsmouth-Churchland Road, which makes an angle with the last mentioned line of 113°53’ and along a course running South 42°27’ East, a distance of Five Hundred Ten and two tenths (510.2) feet to the point or place of beginning. IT BEING that same property conveyed by Deed of Gift from Cross Community Church to the Trustees of Deep Creek Baptist Church by Deed dated October 8, 2016 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 160010419. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The child day center shall comply with the Use-Specific Standards set forth in Section 40.2-217(E)(1) of the Zoning Ordinance, including without limitation the following: “If not located in a stand-alone building, a child day center shall be located on the first floor of a principal structure…”.