Minutes 12/12/2006 - Laserfiche WebLink

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December 12. 2006 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 project does not exceed the maximum allowable floor-area ratio for the zoning district; (c) The project as a whole conforms to applicable requirements for minimum required floor area for dwelling units, minimum allowable area for dwelling units, maximum allowable area for the number of dwelling units, and the maximum allowable area devoted to residential purposes; (d) The quantity, quality, utility, size and type of the project's open space and landscaping improvements is sufficient to offset the decreases in dimensional requirements or other deviations from the zoning district in which the project is located; (e) The project will not cause surrounding streets and roads to exceed their safe capacities; (f) The quantity, quality, utility and type of the project's community and common facilities are sufficient to offset the decreases in dimensional requirements and other deviations from the zoning district in which the project is located; (g) The project complies with the standards for approval of a use permit set forth in Section 40-106 of the Code of the City of Portsmouth, Virginia; and (h) The project provides parking, building access and pathways for persons with disabilities in accordance with the requirements of the Americans with Disabilities Act. 2. That a group housing use permit for the conversion of 78 nonconforming apartment units into 78 residential condominium units is hereby granted subject to the following terms and conditions that shall be observed by the applicant and any successor in interest: (a) The property owner shall not, by any means, expand the nonconforming use. Expansion of this nonconforming multi-family housing project shall subject the project to required compliance with all conditions for approval of a group housing use permit. (b) Taxes and fees associated with the property shall be paid when due. 3. EXPIRATION OF PERMIT: Unless extended as provided under Section 40-115 of the Code of the City of Portsmouth, Virginia (1988), the group housing use permit shall expire for any portion of the approved project for which building permits have not been issued if the applicant fails to apply for all building permits for the entire project within one year of the adoption of this resolution. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the permit by the City Council."