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45 A RESOLUTION GRANTING APPROVAL OF A GROUP HOUSING PROJECT PURSUANT TO SECTION 40-55 OF THE CODE OF THE CITY OF PORTS- MOUTH~ VIRGINIA, 1973, AS AMENDED, SAID PROJECT BEING ~0~ AS "BAL~ARD PINES" AND DESIGNATED AS GHP-84-6. ~ WHEREAS, John W. Ballard, IIi, and Ann B. Katz~ by Dan E. Griffin, Architect, has made application pursuant to S40-55 of the Code of the City of Portsmouth, Virginia, 1973, as amended, for the granting and approval of a group housing project for the construction of seventy-three (73) condomini~ units to be developed on 23.52 acres of land located on the west side of Twin Pines Road between its intersections with Southampton Arch and Hedgerow Lane, such condominium develop- ment to be known as "Ballard Pines"; and WHEREAS, the application has been determined by the Planning Commission to have met the requirements of ~40-55 of the Code of the City of Portsmoutk, ~irginia, 1973, as amended; and WHEREAS, the Planning Commission has reviewed such appli- cation and site plan submitted therewith, and has recommended approval of said application; and WHEREAS, the developer has been informed that the approval of the group housing project pursuant to said §40-55 grants only an exemption from certain requirements for residences as stated in said section~ and does not constitute a waiver of any other requirement embodied in the subdivision ordinance, zoning ordinance, the Code of th~ City of Portsmouth, or any other applicable local, state or federal laws or regulations; and WHEREAS, the developer ~s aware that building permits or any other required permit will be issued only upon compliance with the ordinances, laws, or regulations applicable thereto; and WHEREAS, the developer has proffered certain ter~s and conditions for the condominium proposal, and the City Council has considered such terms and conditions together with the recommendation of the City Planning CommisSion. NOW, THEREFORE, BE IT RESOLVED by the council of the City of Portsmouth, Virginia, that the certain Group Housing Project known as "Ballard Pines", and designated as GHP-84-6, and more specifically shown on plans and outline specifications prepared by the office of Dan E. Griffin, Kenneth M. Sedlacko, and filed with the appropriate officials of the City of Portsmouth, Vir- ginia, and made a part hereof, is hereby granted approval subject to the following terms and conditions as proffered by the develop- er by letters dated March 26, 1984, April 3, 1984 and May 3, 1984: