R-20-01RESOLUTION NO. R-20-01
RESOLUTION TO APPROVE THE REQUEST OF 9700 FAIRFAX BLVD. LLC, BY
ROBERT D. BRANT, ATTORNEY/AGENT, FOR SPECIAL EXCEPTIONS TO THE CITY
CODE TO:
ALLOW A MODIFICATION FROM THE REQUIREMENT THAT ON -SITE UTILITIES
ARE REQUIRED TO BE LOCATED UNDERGROUND PURSUANT TO CITY CODE
SECTION 110-6.7;
ALLOW A MODIFICATION THE REQUIRED 10-FOOT REQUIRED SIDE (INTERIOR
YARD) ALONG THE NORTHERN PROPERTY LINE PURSUANT CITY CODE
SECTION 110-6.7; AND
ALLOW A MODIFY THE REQUIREMENT FOR STREET TREES WITHIN 15-FEET OF
THE BACK OF CURB TO CITY CODE SECTION I 10-6.7
ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 48-3-09-056.
WHEREAS, 9700 Fairfax Blvd. LLC, by Robert D. Brant, attorney!agent, has submitted Application
No. SE-19-00298 requesting Special Exceptions to the City Code as listed above; and
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 appropriate because
the proposal meets the requisites established by City of Fairfax Code Section 110-6.17 for the following
reasons:
1. The proposal ensures the same general level of land use compatibility as the otherwise
applicable standards;
2. The proposal does not materially and adversely affect adjacent land uses and the physical
character of uses in the immediate vicinity of the proposed development because of inadequate
transitioning, screening, setbacks and other land use considerations;
3. The proposal is generally consistent with the purposes and intent of the city code and the
comprehensive plan;
4. The proposal is based on the physical constraints and land use specifics, rather than on
economic hardship of the applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 14TH day
of January, 2020, that Application No. SE-19-00298 be and hereby is APPROVED, as requested, with
the following condition:
1. DEVELOPMENT SHALL BE IN CONFORMANCE WITH GENERAL DEVELOPMENT
PLAN AND PROFFERS DATED JANUARY 13, 2020.
Introduced: December 10, 2019
Adopted: January 14, 2020
Mayor
ATTEST:
DIVER. �F1W';T_FF_1�JArM0S40___/City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilmember DeMarco Aye
Councilmember Lim
Nay
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Nay
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