Minutes 03/26/2024 - Laserfiche WebLink

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March 26, 2024 2. That it has considered factors it deemed applicable and consistent with the Code of Virginia, which may include, without limitation, the nature, extent, external effects, location, design or method of operation of the requested use, the City’s comprehensive plan, and the public health, safety, and general welfare. 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 permit requested by the subject application should be GRANTED WITH CONDITIONS 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 construct a townhouse development having not more than three units at 4423 King Street (Tax Parcel 0308-0750), the said property being more particularly described as: UP-23-19 4423 King Street (Tax Parcel 0308-0750) ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, and the appurtenances to the same belonging or in anyway appertaining, situate and being in the City of Portsmouth, formerly County of Norfolk, State of Virginia, and bounded and described as follows: BEING lots numbered Nineteen (19), Twenty-one (21) and Twenty-three (23) in Block Number Eighteen (18) on the plat of the Virginia Realty and Investment Company, of record in Map Book 7 at Pages 98 and 100 in the Clerk’s Office of the Circuit Court of the City of Portsmouth, Virginia. IT BEING part of the same property conveyed to Arnhold Marketing Services, Inc. by Deed from Dianne Vickhouse dated April 21, 2009 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 090004945. 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) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning Ordinance which provides that this Use Permit may automatically expire and become void if certain conditions set forth therein are not satisfied within two (2) years of the date of approval by City Council. (b) In accordance with Zoning Ordinance Section 40.2-533(L), this Use Permit may be revoked by City Council after conducting a public hearing. The permit may be revoked if Council finds: i. The Use Permit was obtained or extended by fraud or deception; ii. The applicant has failed to comply with one or more of the conditions of approval; iii. There is a change in conditions affecting the public health, safety, and welfare, since adoption of the Use Permit; or iv. There are repeated violations of this Ordinance by the holder of the Use Permit, related to the development approved by the Use Permit. (c) The proposed development shall be in substantial compliance with the concept plan entitled “Preliminary Site Plan for Map Parcel 03080750” submitted on January 10, 2024, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations.