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20000912 r-00-43RESOLUTION NO. R-00-43 RESOLUTION TO APPROVE THE REQUEST OF SOL SUSLOVICH, PRESIDENT OF HILLTOP SHOP 'N GO CENTER, L.L.C., FOR A SPECIAL EXCEPTION TO PERMIT A 50- SQUARE FOOT GROUND-MOUNTED BUILDING IDENTIFICATION SIGN TO BE CONSTRUCTED ON THE SIDE PROPERTY LINE WITH NO SETBACK, AS RESTRICTED BY CITY CODE SECTION 26-44 TABLE II; DENY THE REQUEST TO INCLUDE TENANT IDENTIFICATION ON THE PERMITTED GROUND MOUNTED SHOPPING CENTER IDENTIFICATION SIGN, AS RESTRICTED BY SECTION 26- 44(b)(2)(a)(1) BECAUSE THE PROPOSAL IS CONSISTENT WITH THE REQUISITES FOR APPROVAL OF SPECIAL EXCEPTIONS AS OUTLINED IN CHAPTER 26 OF THE CITY CODE. WHEREAS, Hilltop Shopping Center, by Sol Suslovich, president, has submitted Application No. SE-238-99-1 requesting special exceptions to modify City Code Section 26-44(b)(2)(a)(1) and City Code Section 26-44 (Table II); and WHEREAS, City Council has determined that the request to modify the side setback requirement of Section 26-44 (Table II) is appropriate because the proposal meets the requisites for approval of special exceptions established by City of Fairfax Code Sections 26-48 and Section 26-103(c)(1-13); and WHEREAS, City Council has determined that the request to modify the restriction on using a shopping center identification sign to identify the individual businesses located in the center, as restricted by Section 26-44(b)(2)(a)(1), is not appropriate because the applicant has not clearly demonstrated that the requirements of City Code Chapter 26, Article II, Division 7 (Signs) will present a unique burden. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 12th day of September, 2000, that Application No. SE-238-99-1 be and hereby is APPROVED, only to modify the side setback, and not to modify the individual business identification restriction. ADOPTED this 12th day of September, 2000. Mayor ATTEST: CeCk