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R-08-11 A RESOLUTION GRANTING A USE PERMIT (UP-08-02) TO TARATEX DEVELOPMENT CORPORATION TO CONSTRUCT A DUPLEX AT 207-209 GILMERTON AVENUE. WHEREAS, Taratex. Development Corporation, pursuant to Section 40-112 of the Code of the City of Portsmouth, Virginia (2006), as amended, has made application for the granting of a housing use permit (UP-08-02) to construct a duplex at 207-209 Gilmerton A venue, Portsmouth, Virginia; and WHEREAS, the subject property is furthermore described as: UP-08-02 Beginning at a point 496'7: northeast of the northeast comer of Elm and Gilmerton Avenues; thence, in a northeasterly direction 100'7: to a point; thence, in a southeasterly direction 100'7: to a point; thence, in a southwesterly direction 100'7: to a point; thence, in a northwesterly direction 100'7: to a point of the beginning. and WHEREAS, the Planning Commission has reviewed the submitted application and site plan and has recommended conditional approval of said application; and WHEREAS, the applicant has been informed that approval of the housing permit pursuant to Section 40-116 only grants 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 City Subdivision Ordinance, the City Zoning Ordinance, or any other applicable local, state or federal law or regulation; and WHEREAS, the applicant is aware that building permits and any other required permit will be issued only upon compliance with the ordinances, laws or regulations applicable thereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That, coupled with the terms imposed by paragraph 2 hereof, the following conditions exist: (a) The proposed project is compatible with surrounding land uses; (b) The density of the project does not exceed the maximum allowable density for the zoning district, and, where applicable, the floor-area ratio of the