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September 12. 2006 - Unfinished Business - 06 - 378 - Use permit: Motion by Mr. Moody, and seconded by Mr. R. Smith, to adopt the following resolution approved on first reading at the August 22, 2006 meeting, and was adopted by the following vote: 06 - 378(a): "RESOLUTION GRANTING APPROVAL OF A GROUP HOUSING USE PERMIT (GHP-06-09) TO JOSEPH AND ELAINE CAPLAN FOR THREE RESIDENTIAL APARTMENT UNITS AT 630 HIGH STREET. WHEREAS, pursuant to Section 40-112 of the Code of the City of Portsmouth, Virginia (1988), as amended, Robyn Thomas-Burkhart of Thomas Reed Architect has made application on behalf of Joseph and Elaine Caplan, owners of 630 High Street, for the approval and granting of a group housing use permit for three residential apartment units at 630 High Street, Portsmouth, Virginia; and WHEREAS, the subject property is furthermore described as: GHP-06-09 630 High Street Beginning at a point 88.35':t east of the northeast corner of High and Green Streets; thence in an easterly direction 25':t to a point; thence, in a northerly direction 153.28':t to a point; thence, in a westerly direction 69':t to a point; thence, in a southerly direction 68.34':t to a point; thence, in an easterly direction 44.09':t to a point; thence, in a southerly direction 84.31':t to a point of the beginning. and WHEREAS, the Planning Commission has reviewed such application and site plan submitted therewith and has recommended conditional approval of said application; and WHEREAS, the applicants have been informed that approval of the group housing project 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 Subdivision Ordinance, Zoning Ordinance, Code of the City of Portsmouth, Virginia, or any other applicable local, state or federal law or regulation; and WHEREAS, the applicants are 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;