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R-09-40RESOLUTION NO. R-09-40 RESOLUTION TO DENY THE REQUEST OF THE MOST REVEREND PAUL S. LOVERDE, BISHOP OF THE CATHOLIC DIOCESE OF ARLINGTON, VIRGINIA, BY LYNNE STROBEL, AGENT, FOR A SPECIAL EXCEPTION PURSUANT TO CITY CODE SEC. 110-783(6) FOR A REDUCTION IN THE MINIMUM FRONT YARD SETBACK ALONG FAIRFAX BOULEVARD FROM 25 FEET TO APPROXIMATELY 14 FEET AND A REDUCTION IN THE MINIMUM ANGLE OF BULK PLANE ALONG MCLEAN AVENUE FROM 30 DEGREES TO APPROXIMATELY 25 DEGREES; AND FOR SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SEC. 110-263 FOR A MODIFICATION OF THE LOCATION, FENCING AND PLANTINGS ASSOCIATED WITH SCREENING BUFFER "B" AND REDUCTION OF THE MINIMUM REQUIRED TREE COVER IN THE C-2 DISTRICT FROM 10% TO APPROXIMATELY 6% AND FROM THE 8% TREE COVER PREVIOUSLY APPROVED FOR THE R-2 PORTION OF THE SITE TO 9`%~ ON THE PREMISES KNOWN AS 10675 FAIRFAX BOULEVARD AND 10600(PART) AND 10606(PART) CEDAR AVENUE AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-1-02-112, PART 57-1-02-113, AND PART 57-1-02-114. WHEREAS, the Most Reverend Paul S. Loverde, Bishop of the Catholic Diocese of Arlington, Virginia, has submitted Application No. 5E-09040006 requesting Special Exceptions for a reduction in the minimum front yard setback along Fairfax Boulevard and a reduction in the minimum angle of bulk plane along McLean Avenue pursuant to City Code Sec. 110-783(6) and Special Exceptions for a modification of the location, fencing and plantings associated with screening buffer "B" and a reduction of the minimum required tree cover in the C-2 and R-2 Districts pursuant to City Code Sec. 110-263; WHEREAS, City Council has carefully considered the application, the recommendation from Staff, and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exceptions are not appropriate because the proposal does not meet the requisites established by City of Fairfax Code Section 110-366 for the following reasons: 1) The requests are associated with a Special Use Permit which has been denied on the basis that it would adversely affect the nearby residential area. NOW, THEREFORE, BE IT RESOLVED by the City Cotulcil of the City of Fairfax on this 8th day of December, 2009, that Application No. 5E-09040006 be and hereby is DENIED. The motion to adopt the resolution was approved on December 8, 2009. Mayor D ate The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye