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Minutes 03/11/2008
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Minutes 03/11/2008
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<br />March 11. 2008 <br /> <br />08-105 (a): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-08-02) TO TARATEX <br />DEVELOPMENT CORPORATION TO CONSTRUCT A DUPLEX AT 207-209 <br />GILMERTON AVENUE. <br /> <br />WHEREAS, Taratex. Development Corporation, pursuant to Section 40-112 of <br />the Code of the City of Portsmouth, Virginia (2006), as amended, has made application <br />for the granting of a housing use permit (UP-08-02) to construct a duplex at 207-209 <br />Gilmerton Avenue, Portsmouth, Virginia; and <br /> <br />WHEREAS, the subject property is furthermore described as: <br /> <br />UP-08-02 <br /> <br />Beginning at a point 496':t northeast of the northeast corner of Elm and Gilmerton <br />Avenues; thence, in a northeasterly direction 1 00':t to a point; thence, in a southeasterly <br />direction 100':t to a point; thence, in a southwesterly direction 100':t to a point; thence, <br />in a northwesterly direction 1 00':t to a point of the beginning. <br /> <br />and <br /> <br />WHEREAS, the Planning Commission has reviewed the submitted application <br />and site plan and has recommended conditional approval of said application; and <br /> <br />WHEREAS, the applicant has been informed that approval of the housing permit <br />pursuant to Section 40-116 only grants an exemption from certain requirements for <br />residences as stated in said section and does not constitute a waiver of any other <br />requirement embodied in the City Subdivision Ordinance, the City Zoning Ordinance, or <br />any other applicable local, state or federal law or regulation; and <br /> <br />WHEREAS, the applicant is aware that building permits and any other required <br />permit will be issued only upon compliance with the ordinances, laws or regulations <br />applicable thereto. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <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 />
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