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R-20-12RESOLUTION NO.2020-12 RESOLUTION TO APPROVE THE REQUEST OF 9571 FAIRFAX BOULEVARD LLC, BY STUART D. SCHOOLER, AGENT, FOR SIX SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-6.17, TO: • MODIFY THE MINIMUM FRONTISTREET SIDE YARD SETBACK AS REQUIRED BY SECTION 110-3.6; • MODIFY THE MINIMUM INTERIOR SIDE YARD SETBACK AS REQUIRED BY SECTION 110-3.6; • PROVIDE RELIEF FROM THE REQUIREMENT TO PROVIDE A SIDEWALK ALONG A STREET CONTAINED IN SECTION 110-4.4.4; • MODIFY THE LANDSCAPE STRIP AND STREET TREE REQUIREMENTS OF SECTION 110-4.5.6; • MODIFY THE PARKING LOT LANDSCAPE ISLAND MINIMUM SIZE AND SPACING REQUIREMENTS OF SECTION 110-4.5.7; AND • MODIFY THE MINIMUM NUMBER OF PARKING SPACES AS REQUIRED BY SECTION 110-4.2.3 ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 48-3-06- 041. WHEREAS, 9571 Fairfax Boulevard LLC, by Stuart D. Schooler, agent, has submitted Application No. SE-19-00769 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 26TH day of May, 2020, that Application No. SE-19-00769 is hereby APPROVED, as requested, with the following conditions: 1. The applicant shall remove the existing streetlights along Fairfax Boulevard, and shall install new LED cutoff acorn street lights along the Fairfax Boulevard frontage of the application property. The specific number and location of new street lights shall be determined at the time of site plan in coordination with the Department of Public Works. 2. Development shall be in conformance with Special Exception Plans dated April 17, 2020. Adopted: May 26, 2020 001X Aw Mayor ATTEST: /W-44 .."�, City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilmember DeMarco Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Aye