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72 A RESOLUTION GRANTING A SPECIAL EXCEPTION TO HUGH C. DAVIES FOR PROPERTY AT 2309 HIGH STREET FOR OFF-STREET PARKING IN THE DOWNTOWN D-1 DISTRICT. WHEREAS, Hugh C. Davies has made application for the granting of a special exception to the off-street parking requirements for property at 2309 High Street pursuant to S40-121 (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, recommendation the off-street the Planning Commission has made a for the granting of a special exception parking requirem~ntso to 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) injurious to neighborhood; Will not be detrimental to the public use or the property or improvements in the 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. Hugh C. 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 230~High Street by the granting of a waiver of the (4) required on-site parking spaces, such special exception being approved subject to the following conditions: (a) The use of the property shall be limited to an apartment on the second floor and a sculptor's studio on the first floor. 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. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held July 8, 1986. Teste: City Clerk