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A RESOLUTION • APPROVING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AT 509 2" STREET, N.E. WHEREAS, on March 18, 2008 the Board of Architectural Review ("BAR") approved a certificate of appropriateness for new construction at 509 2"d Street, N.E., with the condition that certain specified design details would be presented to the BAR for review in the future; and, WHEREAS, by letter dated March 27, 2008 several adjacent property owners noted their appeal of the BAR's decision to City Council; and, WHEREAS, on May 5, 2008 City Council heard the appeal and deferred action on the appeal, to allow the property owner to work with the BAR and interested neighbors on certain aspects of the design, specifically on how the design of the proposed building related to the adjoining street; and, WHEREAS, on June 17, 2008 the BAR reviewed a revised design submitted by representatives of the property owners, and made comments regarding the appropriateness of the revised design; and, WHEREAS, in response to comments from the BAR the property owner has submitted a revised design, illustrated by drawings and graphics entitled "City Council • Certificates of Appropriateness 08/18/08'; and, WHEREAS, this Council has reviewed the revised design in light of the comments and concerns expressed by Council members at their May 5, 2008 meeting, and the comments from the members of the BAR at their June 17, 2008 meeting; and, WHEREAS, this Council acknowledges the modifications to the March proposal which it finds is significantly improved, is more street friendly, better in scale and friendly to the neighborhood as delineated on the August 18, 2008 design; and WHEREAS, this Council has given due consideration to the standards for the issuance of a certificate of appropriateness for new construction as set forth in City Code section 34-276, including the applicable provisions of the City's design guidelines, and finds that the proposed design, as illustrated in the property owner's submittal entitled "City Council Certificates of Appropriateness 08/18/08" is architecturally compatible with the buildings and structures within the surrounding historic district. NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Charlottesville that a certificate of appropriateness is hereby approved, subject to the following conditions: (1) The design of the building will be substantially as shown on the property owner's • submittal entitled "City Council Certificates of Appropriateness 08/18/08", which