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A RESOLUTION GRANTING A SPECIAL EXCEPTION TO ELI M. HABIB FOR <br />PROPERTY AT 612 COURT STREET FOR OFF.STREET PARKING IN THE <br />DOWNTOWN D-1 MIXED USE SUBDISTRICT. <br /> <br /> WHEREAS, Eli M. Habib, lessee, has made application for <br />the granting of a special exception to the off-street pa~king <br />requirements for a proposed bakery and delicatessen at 612 <br />Court Street (Pythian Castle) pursuant to ~40-121 (b) (iv) in <br />the Downtown D-i District Mixed Use Subdistrict; and <br /> <br /> WHEREAS, the applicant and the PIanning Director have <br />done all things recuired to be done in connection with said <br />application; and <br /> <br /> WHEREAS, the Planning Commission has made a <br />recommendation for the granting of a special exception to the <br />off-street parking requirements. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City <br />of Portsmouth, Virginia: <br /> <br /> 1. That the special exception to be granted: <br /> <br /> (a) Will not adversely affect the health and safety <br />of persons residing or working in the neighborhood; <br /> <br /> (b) Will not be detrimental to the public use or <br />injurious to the property or improvements in the neighborhood; <br />and <br /> <br /> (c) Will be in accord with the purposes and <br />objectives 9f the Downtown D-1 District and the Zoning Chapter <br />of the City Code. ~i' ~. <br /> <br /> 2. Eli M. Habib, a lessee, is hereby granted a special <br />exception to ~he off-street parking requirements in the <br />Downtown D-1 District Mixed Use Subdistrict as provided for in <br />Section 40-121 (b) (iv) for the property located at 612 Court <br />Street (Pythian Castle) by the granting of a waiver of eleven <br />(11) recuired on-site parking spaces for the operation of a <br />bakery and delicatessen, such special exception being approved <br />subject to the following conditions: <br /> <br /> (a) The special exception shall be aDplicab]_e only to <br />that portion of the building used for the proposed bakery and <br />delicatessen. The waiver is granted on the basis of the <br />proposed use and any change from such use will constitute the <br />expiration of this special exception hereby granted. <br /> <br /> (b) There shall be provided one (1) off-street parking <br />spaces on the site. <br /> <br /> <br />