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January 13, 2026
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<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.
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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 hereby granted pursuant to Section 40.2-533 of the
<br />Code of the City of Portsmouth, Virginia to construct townhouse dwellings and multi-family
<br />dwellings at 3741 Elliott Avenue (Tax Parcel 0524-0010), the said property being more
<br />particularly described as:
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<br />UP-25-11
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<br />3741 Elliott Avenue
<br />(Tax Parcel 0524-0010)
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<br />ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of
<br />Portsmouth, Virginia, and containing approximately “176.226 acres”, and more
<br />particularly shown on the plat entitled, “Boundary Survey of Remaining Property Fairwood
<br />Homes for Portsmouth Partners of Virginia, L.L.P.”, dated June 27, 2000, prepared by
<br />Engineering Services, Inc., Virginia Beach, Virginia 23452, recorded in the Clerk’s Office
<br />of the Circuit Court of the City of Portsmouth, Virginia in Map Book 18, at Pages 95 and
<br />96.
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<br />LESS AND EXCEPT:
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<br />All that certain lot, piece or parcel of land, with all improvements on it and appurtenances
<br />to it belonging, situate, lying and being in the City of Portsmouth, Virginia containing
<br />approximately 0.155 acres, shown as the irregular lot to the west of former Lot 1, fronting
<br />Cavalier Boulevard on the plat entitled, “Resubdivision Plat of Lots 1-6, Block 3, Glendale
<br />and a Portion of the Portsmouth Partners of Virginia Property” dated August 27, 2001,
<br />prepared by Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginis
<br />23452 and more particularly described as follows:
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<br />Beginning at a metal pin located on the southern right of way line of Cavalier Boulevard
<br />a distance of 113.30 feet from the eastern right of way line of Dekalb Avenue and
<br />proceeding North 72 degrees 40’43” East a distance of 75.62 feet to a point, then South
<br />10 degrees 18’21” East, a distance of 120.99 feet to a point; South 84 degrees 09’18”
<br />West, a distance of 41.76 feet to a metal pin; thence North 27 degrees 25’33” West, a
<br />distance of 113.54 feet to the point of beginning.
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<br />Also LESS AND EXCEPT those portions of the 176.226 Acres which are public rights of
<br />way containing 32.987 Acres, more or less, as described on a survey entitled,
<br />“ALTA/ACSM Land Title Survey of Remaining Property Fairwood Homes for Portsmouth
<br />Venture One, L.L.C., Portsmouth, Virginia” dated June 26, 2003, prepared by Engineering
<br />Services, Inc.
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<br />Property Added by Second Amendment 060010510:
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