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R-11-26 RESOLUTION NO. R -11 -26 RESOLUTION TO APPROVE THE REQUEST OF CHICK -FIL -A INC., APPLICANT, BY M. CATHARINE PUSKAR, ATTORNEY -IN -FACT, PURSUANT TO CITY CODE SECTION 110- 105(K) FOR A SPECIAL EXCEPTION FOR RELIEF FROM THE REQUIREMENT TO PLACE NEW AND RELOCATED UTILITIES UNDERGROUND IN THE C -3 GENERAL COMMERCIAL AND HIGHWAY CORRIDOR OVERLAY DISTRICT ON THE PREMISES KNOWN AS 9547 FAIRFAX BOULEVARD, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48- 3- 06 -028A. WHEREAS, M. Catharine Puskar, Attorney -in -fact, has submitted Application No. SE- 10060007 requesting a Special Exception to modify the requirements of City Code Section 110 -105 (k) by providing relief from the requirement to place new and relocated utilities underground on the property known as 9547 Fairfax Boulevard; and WHEREAS, City Council has carefully considered the application, the recommendation of the staff, and the testimony received at the public hearing of April 12, 2011; and WHEREAS, City Council has determined that the proposed Special Exception is appropriate 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. It is consistent with the Comprehensive Plan and other adopted city goals and policies; 2. There is harmony of the proposal with the general intent of the applicable article of thi chapter; and 3. The purposes of the zoning ordinances set for in Code of Virginia, § 15.2 -2283 are met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on thi day of May 24, 2011, that Application SE- 10060007 be and hereby is APPROVED, Adopted this day 24 of May, 2011. \J_ if\.∎% ay. r ATTEST: ./'/ City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Absent Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilwoman Schmidt Aye Councilman Stombres Aye