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<br />March 11. 2008 <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 207-209 <br />Gilmerton 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 housing project shall be limited to two units. <br /> <br />(b) The applicant shall adhere to the approved site plan, floor plan and revised <br />building elevations dated February 5, 2008. <br /> <br />(c) The applicant shall provide a 15-foot wide Landscaping Group 2 buffer along the <br />rear and sides of the property. The buffer strip shall provide opaque screening from the <br />ground to a height of three feet. No structures shall encroach into the landscaping <br />buffer. <br /> <br />(d) Due to the property's location in the Residential Multifamily, RM-60 district, the <br />applicant shall comply with the 10% tree canopy requirement. <br /> <br />(e) The applicant shall be responsible for the cost of establishing and/or upgrading <br />the necessary utilities. <br /> <br />(f) The applicant shall adhere to the approved trash-handling plan, which includes <br />City trash pickup and the storage of trashcans from public view on all days excluding <br />trash pickup days. <br /> <br />(g) All taxes in connection with the proposed use 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 (2006), the housing use permit <br />shall expire for any portion of the approved project for which building permits have not <br />been issued if the applicant fails to apply for all building permits for the entire project <br />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 /> <br />Ayes: Heretick, Moody, Psi mas, D. Smith, R. Smith, Holley <br />Nays: None <br /> <br />08 - 72 - Use permit: <br /> <br />(a) Resolution granting the request of the Economic Development Authority for a use <br />permit to operate restaurants at 2900 Turnpike Road (Former I. C. Norcom High <br />School Site). Vision Principle: A Robust and Prospering Economy. (UP-08-01) <br />(First Reading Vote 4-1) <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Heretick, to accept staff's <br />withdrawal of item 08-72(a), and was adopted by the following vote: <br /> <br />Ayes: Heretick, Moody, Psi mas, D. Smith, R. Smith, Holley <br />Nays: None <br />