20021008 r-02-52RESOLUTION NO. 2002 - R-02-52
RESOLUTION TO DENY 1N PART THE REQUEST OF CHO'S ENTERPRISE, INC.,
FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO ALLOW
GROUND-MOUNTED SIGNAGE GREATER THAN SIX FEET IN HEIGHT, AND
EXCEED THE MAXIMUM SQUARE FOOTAGE AND TO APPROVE IN PART, AS
MODIFIED, THE REQUEST OF CHO'S ENTERPRISE, INC., FOR A SPECIAL
EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO REDUCE THE SIGN' S
REQUIRED SETBACK FROM THE FRONT PROPERTY LINE ON THE PREMISES
KNOWN AS 9940 LEE HIGHWAY, AND MORE PARTICULARLY DESCRIBED AS
TAX MAP PARCEL 48-3-((14))-1A.
WHEREAS, Cho's Enterprise, Inc. has submitted Application No. SE-331-02-1
requesting a Special Exception to the City Code listed below:
Section
l10-181(b) - ground-mounted business signs on arterial
roadways shall not exceed 40 square-feet, shall
provide a 10-foot-wide setback from the front
property line, and shall not exceed six feet in
height or provide ground clearance greater than
eight inches.
WHEREAS, City Council has determined that the proposed Special Exception to
exceed 40 square feet maximum sign area is not appropriate because the proposal does not
meet the requisites established by City of Fairfax Code Section 110-185 and 110-366 for the
following reasons:
1. The proposed increased size would result in excessive signage on the
subject site.
2. The proposed sign would not be consistent with the recommendations of
the Comprehensive Plan.
3. The proposed sign would not be consistent with the purpose and intent of
the sign code.
WHEREAS, City Council has determined that the proposed Special Exception to
allow an increased sign height and decrease the required setback, as modified, is appropriate
because the proposal meets the requisites established by City of Fairfax Code Section 110-185
and 110-366 for the following reasons:
1. The nonconforming peripheral parking lot landscape strip, and parking lot
design on the adjacent property create a unique burden to providing visible
ground-mounted signage.
2. The proposed sign, with staff's recommendations, will minimize visual
distraction, and avoid confusing or obstructing vision for traffic safety.
3. The proposed sign, in addition to the existing building-mounted sign, will
not result in excess signage because the visibility for the building-mounted
sign is obstructed by the canopy spread of the street trees along Lee
Highway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax
on this 8th day of October 2002, that Application No. SE-331-02-1, be and hereby is DENIED
IN PART AND APPROVED IN PART, as modified, with the following conditions:
1. The ground-mounted sign shall not exceed 30 square-feet in area (including
its base) and shall not exceed 8.5 feet in height.
2. The proposed sign shall be located a minimum of 30 feet from the
driveway subject to on-site inspection for compliance with the sight
distance to the east from the edge of the driveway to the subject site, and
set back five feet from the front property line.
3. The sign base for the proposed sign shall be constructed of brick materials.
Adopted this 8th day of October, 2002.
ATTEST:
[ Citi~Cle{~)
The motion to adopt the resolution was approved 6-0.
Vote
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilwoman Winter
Aye
Aye
Aye
Aye
Aye
Aye