R-20-31RESOLUTION NO.2020-31
RESOLUTION TO APPROVE THE REQUEST OF BROWN'S FAIRFAX REALTY LLC,
APPLICANT, BY JOHN L. MCBRIDE, AGENT, FOR SIX SPECIAL EXCEPTIONS
PURSUANT TO CITY CODE SECTION 110-6.17, TO:
• MODIFY THE MINIMUM FRONT YARD SETBACK AS REQUIRED BY SECTION 110-
3.6.2;
• MODIFY THE MINIMUM REAR YARD SETBACK AS REQUIRED BY SECTION 110-
3.6.2;
• MODIFY THE REQUIRED TRANSITIONAL YARD ALONG A PROPERTY LINE AS
REQUIRED BY SECTIONS 1104.5.5.C.3(C), 110-4.5.7.C.2, AND 110-4.5.7.E.2;
• MODIFY THE STREET TREE REQUIREMENTS OF SECTION 110-4.5.6.B;
• MODIFY SCREENING FOR OUTDOOR STORAGE AS REQUIRED BY SECTION 110-
4.5.8.D.1;
• TO MODIFY THE GENERAL PERFORMANCE CRITERIA FOR RESOURCE
MANAGEMENT AND RESOURCE PROTECTION AREAS AS REQUIRED BY
SECTION 110-4.18.11.
ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57-2-02-009
AND 57-2-02-010.
WHEREAS, Brown's Fairfax Realty LLC, by John L. McBride, agent, has submitted
Application No. SE-19-00784 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
23'4 day of June, 2020, that Application No. SE-19-00784 is hereby APPROVED, as requested, with the
following conditions:
1. Development shall be in conformance with land use plans submitted on June 12, 2020,
Adopted: June 23, 2020
Mayor
ATTEST:
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