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87 A RESOLUTION GRANTING A SPECIAL EXCEPTION TO CHRIS DAVIES FOR PROPERTY AT 464 DINWIDDIE STREET FOR OFF-STREET PARKING IN THE DOWNTOWN D-1 MIXED SUBDISTRICT. WHEREAS, Chris Davies of Tidewater Renovators has made application for the granting of special exception to the off-street parking requirements for property at 464 Dinwiddie Street pursuant to §40-121 (b) (iv) in the Downtown D-1 District; and WHEREAS, the applicant and the Planning Director have done all things required to'be done in connection with said application; and WHEREAS, the Planning Commission has made a recommendation for the granting of a special exception to off-street parking requirements. the NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the special exception to be granted: (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; and (c) will be in accord with the purposes and objectives of the Downtown D-1 District and the Zoning Chapter of the City Code. 2. Chris Davies is hereby granted a special exception to the off-street parking requirements in the Downtown D-1 District as provided for in ~40-121 (b) (iv) for the property located at 464 Dinwiddie Street by the granting of waiver of the one (1) required on-site parking space, such special exception being approved subject to the following conditions: (a) The use of the property shall be limited to the lower floor remaining in commercial use and an addition to the top of the existing structure being constructed for the purpose of creating one (1) dwelling unit. The variance is granted on the basis of the proposed use and any change from such use will constitute the expiration of the variance hereby granted.