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20010424 r-01-13RESOLUTION NO. 2001 - R-01-13 RESOLUTION TO APPROVE, WITH CONDITIONS, THE REQUEST OF VF-FAIRFAX CITY, L.L.C., BY DAVID S. HOUSTON, ATTORNEY, FOR SPECIAL EXCEPTIONS, PURSUANT TO CITY CODE SECTION 110-185, FROM CITY CODE SECTIONS 110-180 (B) (2) (A) AND 110-181 (A) AND (B), TO INSTALL MORE THAN ONE SHOPPING CENTER IDENTIFICATION SIGN AT 10252-10334 MAIN STREET, TO INSTALL GROUND-MOUNTED SIGNS AT LESS THAN THE REQUIRED SETBACK, TO IDENTIFY TENANTS ON EACH OF THE SHOPPING CENTER IDENTIFICATION SIGNS, TO EXCEED THE MAXIMUM PERMITTED SQUARE FOOTAGE FOR A GROUND-MOUNTED SIGN, AND TO INSTALL TENANT SIGNAGE IN A LOCATION OTHER THAN THE BUILDING FRONTAGE. WHEREAS, VF-Fairfax City, L.L.C., by David S. Houston, Attorney, has submitted Application No. SE-281-01-1 requesting Special Exceptions to City Code Sections 110-180(b)(2)(a) and 110-181(a) and (b), WHEREAS, The City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, the City Council has determined that the proposed Special Exceptions, with conditions, are appropriate because the proposals meet the requisites established by City of Fairfax Code Sections 110-366(3) and 110-185 for the following reasons: o The request meets the criteria established in City Code Section 110- 366(3). The applicant has clearly demonstrated that requirements contained in this division will present a unique burden due to unusual topography, building design, or lot shape. The City Council has determined that the granting of special exceptions will not be inconsistent with the Comprehensive Plan or the purpose of the sign regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this twenty-fourth day of April, 2001, that Application No. SE-281-01-1 be and hereby is APPROVED WITH CONDITIONS, as follows: o ° Installation of signage shall be in substantial conformance with the Special Exception Plan prepared by Walter L. Phillips, Inc. dated April 17, 2001. Prior to installation of the easternmost sign mounted on the knee wall, the property owner shall acquire the public right-of-way as previously noted on the Special Exception plan approved December 22, 1998. Prior to installation of the easternmost sign mounted on the knee wall, the property owner shall sign an agreement which assumes all risks for any damage to the wall and/or signs that may result from maintenance work performed by the City in easements located under the wall and/or signs in the shopping center. Installation of the signage shall be concurrent with the removal of the existing pylon sign. Adopted this 24th day of April 2001. ATTEST: y C,~erk