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R-20-34RESOLUTION NO.2020-34 RESOLUTION TO APPROVE THE REQUEST OF NORTHFAX JV LLC c/o THE LANN COMPANIES, OWNER AND APPLICANT, LYNNE J. STROBEL, ATTORNEY/AGENT, FOR A SPECIAL EXCEPTION TO THE CITY CODE TO: • 110-4.18 (CHESAPEAKE BAY PRESERVATION) FOR DISTURBANCE OF RESOURCE PROTECTION AREA TO BUILD A CULVERT; ON THE PROPERTY IDENTIFIED AS NORTHFAX WEST AND MORE PARTICULARLY DESCRIBED AS AND IDENTIFIED AS 10516 ORCHARD STREET (TAX MAP 57-2-02-003), 10517 ORCHARD STREET (TAX MAP 57-2-02-005), 3590 CHAIN BRIDGE ROAD (TAX MAP 57-2-02-017), 3580 CHAIN BRIDGE ROAD (TAX MAP 57-2-02-018), 10505 ORCHARD STREET (TAX MAP 57-2-02-019), 3570 CHAIN BRIDGE ROAD (TAX MAP 57-2-02-020), MCLEAN AVENUE (TAX MAP 57-2-07-015- B), 10508 ORCHARD STREET (TAX MAP 57-2-08-005), 10510 ORCHARD STREET (TAX MAP 57-2-08-006), 10512 ORCHARD STREET (TAX MAP 57-2-08-007), 10514 ORCHARD STREET (TAX MAP 57-2-08-008), 10515 ORCHARD STREET (TAX MAP 57- 2-08-010), 10507 ORCHARD STREET (TAX MAP 57-2-08-011), 10509 ORCHARD STREET (TAX MAP 57-2-08-012), 10511 ORCHARD STREET (TAX MAP 57-2-08-013), 10513 ORCHARD STREET (TAX MAP 57-2-08-014), AND MCLEAN AVENUE (TAX MAP 57-2-47-000-A). WHEREAS, Northfax JV LLC c, o THE LANN COMPANIES, owner and applicant, Lynne J. Strobel, attomey.'agent, has submitted Application No. SE-20-00150 requesting a Special Exception 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 Exception is 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 14'h day of July, 2020, that Application No. SE-20-00150 be and hereby is APPROVED, as requested, with the following condition: 1. DEVELOPMENT SHALL BE IN CONFORMANCE WITH GENERAL DEVELOPMENT PLAN WITH MODIFICATIONS (DATED JUNE 1, 2020) AND COMMITMENTS SUBMITTED BY THE APPLICANT DATED JUNE 23, 2020. 2. THE APPLICANT SHALL MAINTAIN ALL APPLICABLE STATE AND FEDERAL REQUIREMENTS Adopted: July 14, 2020 Aj&A�(-Atgtl .9- Mayor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilmember Harmon Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Aye