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June 13, 2023
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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 granted pursuant to Section 40.2-533 of the Code of
<br />the City of Portsmouth, Virginia to construct four (4) townhomes at 3002 and 3006 Deep
<br />Creek Boulevard (Tax Parcels 0145-0190 & 0145-0200), being more particularly
<br />described as:
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<br />UP-23-07
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<br />3002-3006 Deep Creek Boulevard
<br />(Tax Parcels 0145-0190 & 0200)
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<br />ALL THOSE certain five lots, pieces or parcels of land, with its appurtenances, situate in
<br />the City of Portsmouth, Virginia, and being known, numbered and designated as Lots One
<br />(1), Two (2), Three (3), and Four (4) in Block Number Four (4) on the plat of Lincoln Park,
<br />duly recorded in the Clerk’s Office of the Circuit Court of the City of Chesapeake, Virginia
<br />in Map Book 4, page 77, the said lots being situate between the western marginal line of
<br />Graham Street and the railroad right of way, with Lots One (1), Two (2), Three (3), and
<br />Four (4) fronting Deep Creek Boulevard.
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<br />SAVE AND EXCEPT, however, from said parcels of land the strip of land twenty (20) feet
<br />in width which Mamie Long conveyed to the City of Portsmouth by deed dated December
<br />8, 1961, and duly recorded in the Clerk’s Office of the Circuit Court of the City of
<br />Portsmouth, Virginia, in Deed Book 379, page 453, for the purpose of widening Deep
<br />Creek Boulevard.
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<br />IT BEING all that certain property conveyed to New Home Builders Inc. by Deed of
<br />Bargain and Sale from the Economic Development Authority of the City of Portsmouth,
<br />Virginia dated March 28, 2023 and recorded in the Clerk’s Office of the Circuit Court for
<br />the City of Portsmouth, Virginia as Instrument Number 202303048.
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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) The development shall be in substantial compliance with the survey concept plan
<br />entitled Exhibit showing the resubdivision of lots 1, 2, 3 and 4 #3006 & 3002 Deep Creek
<br />Boulevard Proposed Townhouses Graham Street prepared by Michael Rheinhart dated
<br />March 9, 2023, except where modifications are required to comply with all applicable
<br />local, state and federal codes and regulations.
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<br /> (b) The development shall be in substantial compliance, including with respect to
<br />building design, construction materials and concept exterior elevations, with those certain
<br />submittals labeled Deep Creek Townhouses Title Sheet, sheet A0.0, and Elevations and
<br />Notes of sheets A2.0 and A2.1, except where modifications may be required to comply
<br />with all applicable local, state, and federal codes and regulations.
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<br />(c) Not more than four (4) townhomes shall be constructed on the subject property.
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<br />(d) Not two abutting townhouses shall have exactly the same construction.
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