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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 />