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108 A RESOLUTION GRANTING A SPECIAL EXCEPTION TO COLONY ENTERPRISES FOR PROPERTY AT 430 HIGH STREET FOR OFF-STREET PARKING IN THE DOWNTOWN D-1 DISTRICT. _ WHEREAS, David Jordon, on behalf of Colony Enterprises, has made application for the granting of a special exception to the off-street parking requirements for property at 430 High Street pursuant to Section 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 the off-street parking ~equirements. 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 safety of persons residing or working in neighborhood; the health and the (b) will or injurious to the neighborhood; and not be detrimental to the public property or improvements in the use (c) Will be in accord with the purposes and objectives of the Downtown D-1 District and t'he Zoning Chapter of the City Code. 2. Colony Enterprises is hereby granted a special exception to the off-street parking ~equirements in the Downtown D-1 District as provided for in Section 40-121 (b) (IV) for the property located at 430 High Street by the granting of a variance of 95 spaces for the residential/commercial mixed use of said property, such special exception being approved subject to the following conditions: (a) The property shall be developed to provide a mixture of uses for the building consisting of a restaurant with one hundred fifty (150) seats, a lounge/bar with one hundred (100) seats, five (5) two (2) bedroom apartments, three (3) one (1) bedroom apartments, and a theatre with two hundred fifty (250) seats.