R-11-38 Ammo,
City Council
City of Fairfax
RESOLUTION NO. R -11 -38
RESOLUTION TO APPROVE THE REQUEST OF THE JOHNSON A.
EDOSOMWAN LLC, BY ROBERT H. LAWRENCE AND GRAYSON P. HANES,
ATTORNEYS /AGENTS, FOR A SPECIAL EXCEPTION PURSUANT TO CITY
CODE SEC. 110 -263 TO ALLOW PARKING SPACES ADJACENT TO A
PROPERTY LINE AND FOR A SPECIAL EXCEPTION PURSUANT TO CITY
CODE SEC. 110 - 1046(6) TO ALLOW A MAXIMUM EXPOSED HEIGHT OF WALL
MORE THAN 43 FEET ABOVE GRADE AS SHOWN ON THE GENERAL
DEVLOPMENT PLAN /PRELIMINARY SITE PLAN ON THE PREMISES
LOCATED AT 4288 AND 4294 CHAIN BRIDGE ROAD AND 10606 AND 10608
CANFIELD STREET AND MORE PARTICULARLY DESCRIBED AS TAX MAP
PARCELS 57 -3 -02: 31A, 31B, 31C, 31D, 32 AND 37.
WHEREAS, The Johnson A. Edosomwan LLC, has submitted Application No. SE-
11040074 requesting Special Exceptions to the City Codes listed below:
Section 110- 259(a)(1)b Each off - street parking area not adjacent to a public
right -of -way shall be separated from the property
line by a landscaped strip of not less than the width
of the required setback for the zoning district
within which such parking area is located, or 12
feet in width, whichever is less, provided that a
minimum of seven feet in width shall be provided.
Such landscaped strip shall be planted with at least
one deciduous tree meeting the dimensional
requirements contained in subsection (a)(1) of this
section for every 200 square feet of required
landscaped strip.
Section 110 - 1046(2) Maximum building height. No wall of any
structure shall be exposed more than 43 feet above
the finished grade. Decorative architectural
elements not used for human habitation, such as
towers and spires, may extend an additional five
feet above the maximum height specified above.
WHEREAS, City Council has carefully considered the application, the
recommendation of the staff, the recommendation of the Board of Architectural Review, and
testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exceptions are
appropriate because the proposal meets the requisites established by City of Fairfax Code
Sections 110 -263 and 110 -1046 for the following reasons:
1) There is an extraordinary circumstance in that the three parking spaces
proposed adjacent to the property line are to satisfy the requirements of the
adjacent church's Special Use Permit for overflow parking spaces on the
subject property.
2) The proposed location of the church overflow parking spaces will not be
inconsistent with the comprehensive plan, the community appearance plan and
the purpose of the landscaping division of the zoning ordinance.
3) The proposed location of the church overflow parking spaces will not result in
an inadequate on -site amenity or any condition which will adversely affect
nearby property.
4) The proposed increase in maximum allowed wall height above 43 feet has
been reviewed and recommended for approval by the Board of Architectural
Review and will be consistent with the Design Guidelines for the Old Town
Fairfax Transition District, the Comprehensive Plan and the Community
Appearance Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 13th day of September, 2011, that Application No. SE- 11040074 be and
hereby is APPROVED, as requested with the following condition:
1. All improvements shall be in substantial conformance with the General
Development Plan/Preliminary Site Plan, prepared by christopher consultants, ltd.,
dated August 26, 2010 with the latest version dated July 1, 2011.
ADOPTED this 13 day of September, 2011.
�.J +. .'" i
Mayor
ATTEST:
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ity Cler
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman Drummond Aye
Councilman Greenfield Absent
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye