October 1, 1985
<br />
<br /> Councilman Whitlow stated he would abstain on the matter as his law firm represented
<br />Messrs. Edwards and Currin, contract owners.
<br />
<br /> On motion of Mr. Beamer and seccnded by Mr. Gray, the following resolution was adopted
<br />on final reading, and by the following vote:
<br />
<br />"A RESOLUTION GRANTING APPROVAL FOR A GROUP
<br />40-55 OF THE CODE OF THE CITY OF PORTSMOUTH,
<br />PROPERTY BEING LOCATED AT 313 HIGH STREET.
<br />
<br />HOUSING PROJECT PURSUANT TO SECTION
<br />VIRGINIA, 1973, AS AMENDED, SAID
<br />
<br /> WHEREAS, T. A. Edwards and J. Currln, contract owners, have made application pursuant
<br />to Section 40-55 of the Code of the City of Portsmouth, Virginia, 1973, as amended, for the
<br />granting and appmo'val of a group housing project consisting of four (4) apartments in a mixed
<br />used structure at 313 High Street; and
<br />
<br /> WHEREAS, the application filed by Kirk Berkeley, AIA, on behalf of the contract owners,
<br />has been determined by the Planning Commission to have met the requirements of Section 40-55
<br />of the Code of the City of Portsmouth, Virginia, 1973, as amended; and
<br />
<br /> WHEREAS, the Planning Commission has reviewed such application and site plans submitted
<br />therewith and has recommended a conditional approval of said application; and
<br />
<br /> WHEREAS, the developer has been informed that approval of a group housing project pur-
<br />suant to Section 40-55 grants only an exemption from certain requirements for residences as
<br />stated in said section and does not constitute a waiver of any other requirement embodied in
<br />the subdivision ordinance, zoning ordinance, Code of the City of Portsmouth, Virginia, or any
<br />other applicable local, state, or federal laws or regulations; and
<br />
<br /> WHEREAS, the developer is aware that building permits or any other recuired permit will
<br />be issued only upon compliance with the ordinances, laws or regulations applicable thereto.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that
<br />the certain group housing project consisting of four (4[ apartments in a mixed used structure
<br />at 313 High Street, which will include ground floor commercial space and second and third
<br />floor residential space and designated as GHP 85-29 and more specifically described in cor-
<br />respondence dated July 10, 1985 from Kirk Berkeley, AIA, and showm on plans filed with the
<br />appropriate officials of tke City of Portsmouth, Virginia, such correspondence and plans bein
<br />made a part hereof, is hereby granted approval subject to the following terms and conditions:
<br />
<br /> 1. Final review and approval must be reueived from the Downtown D-1 Design Committee
<br />prior to issuance of building permits."
<br />
<br />Ayes: Beamer,
<br />Nays: None
<br />Abstaining: Whitlow
<br />
<br />Corprew, Gray, Lucas, Holley
<br />
<br />85-206 Rezoning and~use permit applications:
<br />
<br />85-31
<br />
<br />Rezoning application of the City of Portsmouth, by George Minor, Jr.,
<br />Attorney for the Virginia District Convocatinn of United Holy Church of
<br />America, Inc., for multi-family development on the north side of Elliott
<br />Avenue between Deep Creek and Frederick Boulevards; from Industrial M-1
<br />to Residential R-60-K Conditional, deferred from the meeting of Septembe~
<br />18, 1985.
<br />
<br /> Motion of Mr. Whitlow and seconded by Mr. Gray, that Items Z 85-31 and UP 85-16 to be
<br />considered for public comments simultaneously, and was adopted by unanimous vote.
<br />
<br /> Bishop Thomas E. Talley, P. O. Box 1035, representing Virginia District Convocation of
<br />United Holy Church of America, Inc., spoke on both items and recuested approval of same.
<br />
<br /> Henry L~ Marsh, [~i, 509 N. Third Street, Richmond, VA, representing Virgmnma District
<br />Convocation of United Holy Church of America, Inc., spoke on both items and requested approval
<br />of the rezoning~to be able to move ahead with the project. ~
<br />
<br /> Father James K. Disney, St. Paul,s Catholic Church, 518 High Street, representing the
<br />Portsmouth Ministrial Association, requested approval of Z~85-31 and UPi 85-16.
<br />
<br /> Simon P. Arrington, 2907 Magnolia Street, President, Wilson Ward Civic League, spoke of
<br />the concerns of the Civic League if the proposed ballfields are placed near the JFK Recreatiom
<br />Center (Douglas Park Area) as it would prevent the center from being enlarged, and therefore
<br />~as opposed to the proposed ballfield site.
<br />
<br /> a~ ~t,h~e development.
<br />
<br /> Motio~ ~o£ Mrs. Lucas and seconded by Mr. Beamer, to suspend the rules for the ~eveloper
<br />and the attorney to be allowed to speak, and was adopted by unanimous vote.
<br />
<br /> Henry L. Marsh, III, Attorney, stated the development agreement and the site plans would
<br />ha~e to b~ approved by the City and the project meets all of the criteria of the Planning
<br />Commission, and if the rezoning was approved it would help to move ahead with the project.
<br />
<br /> Paul W. Thomas, Developer, representing Thomas ~Cons. truction, gave a run-down o~what had
<br />taken place on th~ project from the beginning approximately four (4) years ago.
<br />
<br />
<br />
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