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65 <br /> <br />A RESOLUTION GRANTING APPROVAL FOR A GROUP HOUSING PROJECT <br />PURSUANT TO SECTION 40-55 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1973, AS AMENDED, SAID PROJECT <br />CONSISTING OF 89 UNITS AT 100 ELLIOTT AVENUE AND DESIGNATED <br />GHP-88-5. <br /> <br />AS <br /> <br /> WHEREAS, Bayside Building Corporation, by Donald L. <br />Williams, has made application oursuant to §40-55 of the Code <br />of the City of Portsmouth, Virginia, 1973, for the granting <br />and approval of a group housing preject consisting of <br />eighty-nine (89) apartment units at 100 Elliott Avenue; and <br /> <br /> WHEREAS, the application has been determined by the <br />Planning Commission to have men the reauirements of ~40-55 of <br />the Code of the City of Portsmouth, Virginia; and <br /> <br /> WHEREAS, the Planning Commission has reviewed such <br />aDpi~catlon and site plan submitted therewith and has <br />recommended conditional approval of said application; and <br /> <br /> WHEREAS, the developer has amended the application and <br />site plan submitted and has requested approval of an amended <br />project from the City Council; and <br /> <br /> WHEREAS, the developer has been informed that approval of <br />the group housing project pursuant to ~40-55 grants only an <br />exemption from certain uequirements for residences stated in <br />said section and does not constitute a waiver of any other <br />requirement embodied in the Subdivision Ordinance, Zoning <br />Ordinance, Code of the City of Portsmouth, Virginia, or any <br />other applicable localr state or federal law or regulation; <br />and <br /> <br /> WHEREAS, the developer is aware that building permits or <br />any other required permit will be issued only upon compliance <br />with the ordinances, laws or regulations applicable thereto. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City <br />of Portsmouth, Virginia, that the certain group housing <br />project consisting of eighty-nine (89) apartment units at 100 <br />Elliott Avenue (Tax Map 473, Parcel 5), which contains <br />approximately 4.32 acres of usable property and designated as <br />GHP-88-5, such projecn being more specifically described and <br />shown on revised plans designated as the "Preliminary Layout <br />Plan of Biltmore Commons for Benchmark Building Corporation, <br />Portsmouth, Virginia by Hoggard/Eure Associates", dated <br />September 26, 1988, and additional documentation furnished by <br />the developer, all on file with the Planning Department of the <br />City of Portsmouth, Virginia, such plans and documentation <br />being made a part hereof, is hereby granted approval subject <br />to the following te~rms and conditions: <br /> <br /> <br />