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September 24, 2024
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<br />WHEREAS,
<br /> Midlantic Builders VA LLC, the owner of the subject property, has
<br />consented to the filing of the application; and
<br />
<br />WHEREAS
<br /> , the applicant and the Planning Director have done all things required
<br />to be done in connection with said application; and
<br />
<br />WHEREAS
<br /> , the Planning Commission has recommended the approval with
<br />conditions of the application for a use permit.
<br />
<br />NOW THEREFORE BE IT RESOLVED
<br /> by the Council of the City of Portsmouth,
<br />Virginia:
<br />
<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.
<br />
<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.
<br />
<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.
<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 operate an event space/banquet hall in Suite
<br />36-37 of the shopping center located at 3282 Academy Avenue (Tax Parcel 0818-0130),
<br />the said property being more particularly described as:
<br />
<br />UP-24-07
<br />
<br />3282 Academy Avenue
<br />Suite 36-37
<br />(a portion of Tax Parcel 0818-0130)
<br />
<br />THAT CERTAIN suite designated as 36-37 and located within the following property:
<br />
<br />ALL THAT certain lot, piece or parcel of land, located in the City of Portsmouth, Virginia,
<br />and designated as Parcel 3B on that certain plat entitled: “Resubdivision Plat of Parcels
<br />2 and 3A, Map Book 15, page 11, of Subdivision of Academy Crossing in the City of
<br />Portsmouth, Virginia,” dated July 10, 1991, which plat is duly recorded in the Clerk’s Office
<br />of the Circuit Court of the City of Portsmouth, Virginia, in Map Book 15, at page 70,
<br />reference to which is hereby made for a more particular description of said parcel.
<br />
<br />TOGETHER with those certain easements for ingress, egress, regress and parking as
<br />set forth in that certain Declaration of Reciprocal Parking Easements, dated April 18,
<br />1996, between Academy Crossing Associates and Zimmer Development Company of
<br />Virginia, L.P., as recorded in the Clerk’s Office aforesaid in Deed Book 1169, at page 324.
<br />
<br />IT BEING the same property conveyed to Midlantic Builders VA, LLC, CWB-Academy,
<br />LLC, and MAC Churchland, LLC by Deed of Assumption from Academy Crossing
<br />Associates dated October 27, 2003 and recorded in the Clerk’s Office of the Circuit Court
<br />for the City of Portsmouth, Virginia as Instrument Number 030059245.
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