title
To amend Ord. No. 2004-123-89, adopted May 10, 2004, as previously amended by Ord. No. 95-196-197, adopted July 24, 1995, and Ord. No. 2004-123-89, adopted May 10, 2004, which authorized the use of the real estate formerly known as 5005-5007 Grove Avenue and currently known as 5007-5009 Grove Avenue, for the purpose of the construction of eight single-family condominium dwelling units, to authorize an addition to the dwelling unit known as 5007-A Grove Avenue, upon certain terms and conditions. (1st District)
body
THE CITY OF RICHMOND HEREBY ORDAINS:
I. That Ordinance No. [95-196-197, adopted July 21, 1995] 2004-123-89, adopted May 10, 2004, be and is hereby amended and reordained as follows:
§ 1. That the real estate, property formerly known as 5005-5007 Grove Avenue, containing 26,000 square feet, more or less, located on the south right of way line of Grove Avenue west of Lexington Road, currently known as 5007-5009 Grove Avenue and identified as Tax Parcel Nos. W020-0193/026, and W020-0193/048 through 055 in the [2004] 2024 records of the City Assessor, being more completely described as follows: beginning at a point on the south right of way line of Grove Avenue, said point being 108.50 feet west of the west right of way line of Lexington Road; thence extending in a westerly direction along the south right of way line of Grove Avenue 200.00 feet to a property line; thence extending in a southerly direction between parallel lot lines 130.09 feet to a 12-foot passageway, substantially as shown on site plan, floor plans and elevation drawing, entitled: “5005 Grove Avenue Condominiums”, prepared by SWA Architects - site plan dated August 6 and August 24, 1987; floor plans dated June 1987; and elevation drawing dated June 1987, and revised August 6 and August 24, 1987, copies of which are attached to Ordinance No. 87-227-206, is hereby permitted to be used for condominium dwelling purposes, construction of eight single-family condominium dwelling units (two buildings, each containing four units), with accessory off-street parking, and for the purpose of an addition to the unit identified as 5007-D Grove Avenue, with said addition substantially as shown on the addition location plan, floor plan, and elevation and section plan entitled: “Special Use Permit for 5007-D Grove Avenue”, dated May 30, 1995, prepared by Stockdon and Sons, Inc., copies of which are attached to Ordinance No. 95-196-197 and for the purpose of an addition to the unit identified as 5009-D Grove Avenue, with said addition substantially as shown on the addition location plan, floor plan, and elevation plans consisting of sheets A-2 through A-4, entitled “5009-D Grove Avenue”, dated January 16, 2004, prepared by CKO Construction, copies of which are attached to Ordinance No. 2004-123-89 and for the purpose of an addition to the unit identified as 5007-A Grove Avenue, with said addition substantially as shown on the addition location plan entitled “Site Plan, 5007-A Grove Avenue, Richmond, Virginia 23221, 2/27/2024,” prepared by Bruce Robertson Land Surveying, PC, and dated January 30, 2024, and the floor plan and elevation plan entitled “Renovations with Addition for: Billy and Grace King, 5007 Grove Ave., Richmond, VA 23226,” prepared by Mark White, LLC, dated January 1, 2024, copies of which are attached hereto and made a part of this amendatory ordinance.
§ 2. That the Commissioner of Buildings is hereby authorized to issue to the owner of the real estate, or successor or successors in fee simple title, permits to construct and occupy the property for such purposes, substantially in accordance with the site plan, floor plans and elevation drawing attached to Ordinance No. 87-227-206, in accordance with the addition location plan, elevation and section plan, and floor plan attached to Ordinance No. 95-196-197, in accordance with the plans attached to Ordinance No. 2004-123-89, and in accordance with the plans attached to this amendatory ordinance. The special use permit herein authorized shall be transferable to the successor or successors in title of the owner, whether of the project in its entirety or of individual units, whether acquired by operation of law, deed or otherwise, and shall run with the land or portion thereof assigned to a particular dwelling unit subject to the following terms and conditions:
(a) That the acceptance of the permits and the exercise of the privileges granted by this ordinance by the owner and successor or successors in title shall constitute a warranty on the part of the owner and successor or successors that title to the land and the building (or individual unit when applicable) shall be vested in the same person or persons or corporation or both; provided as individual condominium dwelling units are completed and the Commissioner of Buildings has determined that a certificate of occupancy may be issued for such individual condominium dwelling units, title to such individual dwelling units and to any common rights to be assigned to or conveyed with such units may be transferred. ’
(b) That the owner and successor owners, of any unit, shall be bound by, observe and shall comply with all other laws, ordinances and rules and regulations adopted pursuant thereto, applicable to the land and building, except as otherwise provided in this ordinance.
(c) That all driveways, access aisles and parking areas shall be paved with a dust-free, all- weather surface and parking spaces shall be delineated. The parking area shall be screened from view from adjacent properties and public streets as shown on the plans attached to Ordinance No. 87-227-206.
(d) That landscaping as shown on the plans attached to Ordinance No. 87-227-206 shall be installed prior to issuance of a Certificate of Occupancy.
(e) That sixteen parking spaces shall be provided as shown on the attached plans.
(f) The driveway from the street shall be constructed in accordance with the City Driveway Policy standards.
(g) That final grading and drainage plans shall be approved by the Director of Community Development prior to issuance of building permits. Existing healthy trees shall be shown on the grading and drainage plans and shall be retained, except for any necessary clearing to accommodate the building and parking area.
(h) That storm or surface water shall not be allowed to accumulate on the land, and adequate facilities for drainage of storm or surface water from the land or building shall be provided by the owner or owners at the cost and expense of such owner or owners so as not to adversely affect or damage adjacent properties or public streets and the use thereof.
(i) That facilities for the collection of refuse shall be provided as shown on the plans and shall be screened from view from adjacent properties and public streets.
(j) That appropriate agreements and covenants, approved as to form by the City Attorney, shall provide for the perpetuation and maintenance of all areas and facilities held in common ownership by property owners within the development.
(k) That identification of the premises shall be limited to one sign not exceeding four square feet in area attached flat against the building.
(l) That should the owner or owners of individual units use the premises for any purpose which is not permitted by this ordinance, or fail, refuse or neglect to comply with the provisions of foregoing paragraphs (a) through (k) and do not terminate such use or comply with such provisions within ninety days after written notice so to do has been given to the owner or owners by the Zoning Administrator, the privileges granted by this ordinance shall terminate and the special use permit shall become null and void.
(m) That when the privileges granted by this ordinance terminate and the special use permit becomes null and void or when use of the premises is abandoned for a period of twenty-four consecutive months, use of the real estate shall be governed thereafter by the zoning regulations prescribed for the district in which the real estate is in situated.
(n) That application for the building permit to construct the addition authorized in this amendatory ordinance shall be made within twenty four months from the effective date of this ordinance, which building permit shall expire by limitation and become null and void if construction of the addition is not commenced within one hundred eighty days from the date of the building permit, or if work of constructing the addition is suspended or abandoned for a period of one hundred eighty days at any time after the work is commenced, as provided in the applicable provisions of the Virginia Uniform Statewide Building Code, and if application for the building permit is not made within twenty four months from the effective date of this ordinance or should the building permit become null and void, the privileges granted by this ordinance shall terminate and the special use permit shall become null and void.
(o) No permit implementing this amended special use permit shall be issued until satisfactory evidence has been presented to the Zoning Administrator that any delinquent real estate taxes applicable to the subject unit have been paid.
§ 3. This amendatory ordinance shall be in force and effect upon adoption, and Ordinance No. 87-227-206, adopted October 12, 1987, as previously amended by Ordinance No. 95-196-197, adopted July 24, 1995, and Ordinance No. 2004-123-89, adopted May 10, 2004, except as modified herein, shall continue in force.