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October 10, 2023 <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 construct and operate a 125-foot monopole <br />telecommunications tower with a 4-foot lighting rod, together with related <br />communications equipment, on an 800 square foot fenced portion of 4710 High Street <br />West (Tax Parcel 0759-0010), the said 4710 High Street West being more particularly <br />described as: <br /> <br />UP-23-16 <br /> <br />4710 High Street West <br />(Tax Parcel 0759-0010) <br /> <br />ALL THAT certain piece or parcel of land situated in the City of Portsmouth, Virginia with <br />the buildings and improvements thereon and the appurtenances thereto belonging, which <br />parcel of land is shown on a plat entitled “Plat of Survey of Property Conveyed from Estate <br />of W.B. Carney to Joseph W. Dunkum” made by Herbert C. Cassell, November 5, 1935, <br />which plat is duly recorded in the Clerk’s Office of the Circuit Court of Chesapeake, <br />Virginia in Map Book 21, page 65, and which property is bounded and described, in <br />accordance with said plat, as follows: <br /> <br />Beginning at an iron stob in the northern line of the Portsmouth-Churchland Road, which <br />stob is at the southwest corner of a well, and in the dividing line between the property <br />here described and that now or formerly belonging to the Estate of Hardy Duke, and from <br />such point of beginning, running North 23°40’ East, and along the dividing line between <br />the property here described and that adjoining it on the East, now or formerly belonging <br />to the Estate of Hardy Duke, a distance of Six Hundred Fifty-one and eight-tenths (651.8) <br />feet to an iron stob on the eastern edge of a ditch; thence along a line, making an angle <br />with said last mentioned line of 110°15’ and along a course which bears North 46°05’ <br />West, a distance of Two Hundred Ninety-seven (297) feet to an iron stob, the southeast <br />corner of a well; thence continuing along a course running North 45°05’ West, a distance <br />of One Hundred Ninety-nine and two tenths (199.2) feet to an iron stob; thence along a <br />line making an angle with the last mentioned line of 68° 45’ and along a course running <br />South 23°40’ West, a distance of Six Hundred Twenty and one tenth (620.1) feet to an <br />iron stob in the northern line of the said Portsmouth-Churchland Road; thence along the <br />said northern line of the said Portsmouth-Churchland Road, which makes an angle with <br />the last mentioned line of 113°53’ and along a course running South 42°27’ East, a <br />distance of Five Hundred Ten and two tenths (510.2) feet to the point or place of <br />beginning. <br /> <br />IT BEING that same property conveyed by Deed of Gift from Cross Community Church <br />to the Trustees of Deep Creek Baptist Church by Deed dated October 8, 2016 and <br />recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number <br />160010419. <br /> <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: <br /> <br />(a) The development shall be in substantial compliance with the conceptual <br />preliminary zoning drawings entitled “Pinehurst 4710 High Street Portsmouth, VA 23703” <br />prepared by Stuart P. Patterson and Verizon dated August 18, 2023, except where <br />modifications may be required to comply with all applicable local, state, and federal codes <br />and regulations. <br /> <br />(b) The development shall be in substantial compliance with the conceptual minor site <br />plan submittal entitled “Pinehurst 4710 High Street Portsmouth, VA 23703” prepared by <br />Stuart P. Patterson and Verizon dated August 18, 2023, except where modifications may <br />be required to comply with all applicable local, state, and federal codes and regulations. <br /> <br /> <br /> <br /> <br /> <br />