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<br />February 27,2007 <br /> <br />1. That, coupled with the terms imposed by paragraph 2 hereof, the following <br />conditions exist: <br /> <br />(a) The proposed project is compatible with surrounding land uses; <br /> <br />(b) The density of the project does not exceed the maximum allowable density for <br />the zoning district, and, where applicable, the floor-area ratio of the project does not <br />exceed the maximum allowable floor-area ratio for the zoning district; <br /> <br />(c) The project as a whole conforms to applicable requirements for minimum <br />required floor area for dwelling units, minimum allowable area for dwelling units, <br />maximum allowable area for the number of dwelling units, and the maximum allowable <br />area devoted to residential purposes; <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 safe <br />capacities; <br /> <br />(f) The quantity, quality, utility and type of the project's community and common <br />facilities are sufficient to offset the decreases in dimensional requirements and other <br />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 forth in <br />Section 40-106 of the Code of the City of Portsmouth, Virginia (2006); and <br /> <br />(h) The project provides parking, building access and pathways for persons with <br />disabilities in accordance with the requirements of the Americans with Disabilities Act. <br /> <br />2. That a housing use permit for the construction of a duplex at 2106-3208 <br />Elm Avenue 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 project shall be limited to one residential duplex. <br /> <br />(b) The applicant shall adhere to the submitted site plan, floor plan and building <br />elevations entitled Site Plan Proposed Duplex Residence 2106-2108 Elm Avenue <br />Portsmouth, Virginia and First Properties, LLC Portsmouth Virginia Residences. <br /> <br />(c) As noted on the site plan, the duplex shall face Fayette Street and have a <br />Fayette Street address. Ingress and egress for both properties shall be from Fayette <br />Street. <br /> <br />(d) The applicant shall be responsible for the cost of establishing and/or upgrading <br />the necessary utilities. <br /> <br />(e) The applicant shall provide the landscaping details of Landscaping Group 2 <br />along the rear and sides of the property. <br /> <br />(f) The applicant shall adhere to the approved trash-handling plan, which includes <br />City trash pick-up and the storage of trashcans from public view on all days excluding <br />trash pickup days. <br /> <br />(g) All taxes and fees associated with the proposed project shall be paid when due. <br />