R-10-09RESOLUTION NO. R-10-09
RESOLUTION TO APPROVE THE REQUEST OF FAIRFAX DEVELOPMENT
CORP AND CLARKS CORNER HOMEOWNERS ASSOCIATION INC. BY JOHN H.
THILLMANN AGENT, FOR A SPECIAL EXCEPTION TO MODIFY THE
REQUIREMENTS OF CITY CODE SECTION 110-105(K) TO GRANT RELIEF
FROM UNDERGROUNDING IN PLACING SOME UTILITIES IN AN ADJACENT
RIGHT-OF-WAY ON THE PREMISES KNOWN AS 4024-4033 COLONEL MENDEZ
WAY, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-4-
37-001 TO 008 AND 57-4-37-000 A & B.
WHEREAS, John H. Thillmann, agent, has submitted Application No. SE-10040006
requesting a Special Exception to modify the requirements of City Code Section 110-105 (k)
to allow some utilities to be placed above-ground in an adjacent right-of--way on the premises
known as 4024-4033 Colonel Mendez Way;
WHEREAS, City Council has carefully considered the application, the recommendation of
the staff, and the testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exception is appropriate
with modifications because the proposal meets the requisites established by the City of
Fairfax Code Sections 110-366, 110-369, and 110-105 (k) for the following reasons:
1) The underground placement of all the utilities exceeds five-percent of the pro:
construction;
2) The request does not impact the safety and movement of vehicular traffic upon adj
streets;
3) The request does not impact the safety and welfare of residents living in the area; and
4) The impact of the proposal will be minimal while avoiding complex offsite work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this day of April 29, 2010 that Application 5E-10040006 be and hereby is APPROVED,
WITH THE FOLLOWING CONDITIONS:
1. The relocated poles shall be placed out of the right-of--way and behind the
sidewalk. The locations of the two utility poles to remain shall be limited to the
landscaped area at the corner of Main St. and Orchard Dr., and on the property in
the landscaped portion at the vicinity of the intersection of Orchard Drive and
Dwight Avenue.
2. The two poles at 4102 Orchard Dr. shall be removed and the two overhead lines
shall be placed underground, pursuant to the applicant securing an easement and
permission from the property owner.
3. All on-site utility lines and lines along the subject property's street frontage shall
be placed underground. Only lines leading away from the subject property are to
remain overhead.
4. Relocation of overhead and underground utilities shall be placed in a manner that
minimizes conflicts with the proposed landscaping improvements shown on the
approved site plan.
Adopted: Apri129, 2010
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as
follows:
VOTE:
Councilwoman C
ross
Councilman Drummond
Aye
Councilman Greenfield Absent
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Aye
Aye