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99 A RESOLUTION GRANTING A USE PERMIT TO METRO DEVELOPMENT CORPORATION FOR SIX (6) TOWN HOUSE UNITS LOCATED ON APPROXIMATELY .24 OF AN ACRE OF VACANT PROPERTY AT 708 SOUTH STREET (UP-87-21). WHEREAS, Metro Development Corporation, by Richard Molenaar, has made application pursuant to Section 40-121 (a) (v) for a Use Permit to construct six (6) town house units on approximately .24 of an acre of vacant property at 708 South Street (Tax Map 25, parcels 114 and 112); 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 recommended the granting of a Use Permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the use for which the Use Permit is sought: (a) Will not adversely affect the health and safety of persons residing in the neighborhood of the proposed use; and (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 of the Zoning Chapter of the City Code. 2. Metro Development Corporation is hereby granted a Use Permit pursuant to Section 40-121 (a) (v) to construct six (6) town house units on approximately .24 of an acre of property at 708 South Street, said property being further described as Tax Map 25, parcels 114 and 112. 3. This Use Permit is approved subject to the following condition: (a) Deed restrictions shall be established to assure continuity of maintenance of the exterior of the buildings and grounds and the documents establishing same shall be submitted to the City Attorney for review and approval prior to recordation of same. The applicant shall cause the deed restrictions to be recorded in the Office of the Clerk of the Circuit Court of the City of Portsmouth, Virginia prior to the issuance of any occupancy permits.