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November 27, 2012 <br />(b) The applicant shall adhere to the approved trash handling plan which includes <br />private trash pickup. <br />(c) All taxes and fees associated with the proposed project shall be paid when due. <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40.1-2.3 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 two years of the adoption of this resolution. <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 />Ayes: Cherry, Edmonds, Heretick, Moody, Randall, Wright <br />Nays: Whitehurst <br />Motion by Mr. Heretick, and seconded by Mr. Edmonds, to adopt the following <br />resolution considered on first reading at the November 13, 2012 meeting, and was <br />adopted by the following vote: <br />12-439(C): <br />"RESOLUTION REPEALING AND AMENDING CERTAIN CONDITIONS OF <br />HOUSING USE PERMIT (HP-08-01 A) AT 739 HIGH STREET. <br />WHEREAS, Virginia Housing Development Authority, pursuant to Section 40.1- <br />2.3 of the Code of the City of Portsmouth, Virginia (2006), as amended, has made <br />application for repeal and/or amendment of the conditions of Housing Use Permit (HP- <br />08-01) at 739 High Street, Portsmouth, Virginia; and <br />WHEREAS, the City Council originally approved Housing Use Permit (HP-08-01) <br />by Resolution R-08-24 on June 10, 2008; and <br />WHEREAS, the subject property is furthermore described as: <br />H P-08-01 A <br />739 High Street <br />Beginning at the southeast comer of High and Effingham Streets; thence in a easterly <br />direction along the south side of High Street 130.22'± to a point; thence in a southerly <br />direction 113.84' ± to a point thence in a westerly direction 26'± to a point thence in a <br />southerly direction 115.18 '± to a point thence in a westerly direction along the north <br />side of King Street 103.71'± to a point thence in an northerly direction along the east <br />side of Effingham Street 227.67'± to a point of the beginning. <br />and <br />WHEREAS, the Planning Commission has reviewed the submitted application <br />and site plan and has recommended conditional approval of said application; and <br />WHEREAS, the applicant has been informed that approval of the housing permit <br />does not constitute a waiver of any other requirement embodied in the City Zoning <br />Ordinance or any other applicable local, state or federal law or regulation; and <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 />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That, coupled with the terms imposed by paragraph 2 hereof, the following <br />conditions exist: <br />