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<br />February 28. 2006 <br /> <br />(d) The quantity, quality, utility, size and type of the project's open space and <br />landscaping improvements is sufficient to offset the decreases in dimensional <br />requirements or other deviations from the zoning district in which the project is located; <br /> <br />(e) The project will not cause surrounding streets and roads to exceed their <br />safe capacities; <br /> <br />(f) The quantity, quality, utility and type of the project's community and <br />common facilities are sufficient to offset the decreases in dimensional requirements and <br />other deviations from the zoning district in which the project is located; <br /> <br />(g) The project complies with the standards for approval of a use permit set <br />forth in Section 40-106 of the Code of the City of Portsmouth, Virginia; and <br /> <br />(h) The project provides parking, building access and pathways for persons <br />with disabilities in accordance with the requirements of the Americans with Disabilities <br />Act. <br /> <br />2. That a group housing use permit for the construction of 15 residential <br />condominium units is hereby granted to the applicant subject to the following terms and <br />conditions that shall be observed by the applicant and any successor in interest: <br /> <br />(a) The applicant shall provide an on-site active recreational facility for the <br />residents. This facility shall be approved by the Director of Planning. <br /> <br />(b) The applicant shall adhere to the approved landscape plan dated <br />September 23, 2005. <br /> <br />(c) The buildings shall be built in accordance with the elevations that were <br />provided to the Planning Department on November 8, 2005. <br /> <br />(d) The project shall have no more than fifteen (15) units. <br /> <br />(e) The applicant shall provide a six (6) foot vinyl, non-opaque fence along the <br />east side of the property. <br /> <br />(f) A site plan shall be submitted and approved by the Department of <br />Engineering before construction. <br /> <br />(g) The project shall be developed and maintained in compliance with all <br />applicable codes, ordinances, and regulations of federal, state, and local governments, <br />and all required licenses and permits shall be obtained and remain in effect during the <br />development of this project. <br /> <br />(h) All taxes and fees associated with the property shall be paid when due. <br /> <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-115 of the Code of the City of Portsmouth, Virginia (1988), the group housing use <br />permit shall expire for any portion of the approved project for which building permits <br />have not been issued if the applicant fails to apply for all building permits for the entire <br />project within one year of the adoption of this resolution. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the permit by the City Council." <br />