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March 10, 2026 <br /> <br />WHEREAS <br /> , Curtis Nesbitt, the owner of the subject property, has made <br />application pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia <br />for the granting of a use permit to construct three townhouse units at 1607 Prentis Avenue <br />(Tax Parcel 0069-0530); 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 construct three townhouse units at 1607 <br />Prentis Avenue (Tax Parcel 0069-0530), the said property being more particularly <br />described as: <br /> <br />UP-25-17 <br /> <br />1607 Prentis Avenue <br />(Tax Parcel 0069-0530) <br /> <br />ALL THAT certain tract, piece or parcel of land shown as Lot 414A on that certain plat <br />titled “Minor Subdivision of Lots 412 & 414 Prentis Place (M.B. 3, P. 65 Chesapeake) <br />Disposition Parcels 41 & 42 Prentis Park Conservation Project”, prepared by DKT <br />Associates, dated November 14, 2023, and recorded in the Clerk’s Office of the Circuit <br />Court for the City of Portsmouth, Virginia in Map Book 26 at Page 238. <br /> <br />IT BEING that certain property conveyed to Curtis Nesbitt by Special Commissioner’s <br />Deed from Derek G. Challenger, Esq. dated December 21, 2022 and recorded in the <br />Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia as Instrument <br />Number 202216270. <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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />