R-21-12RESOLUTION NO. R-21-12
RESOLUTION TO APPROVE THE REQUEST OF MCDONALD'S USA LLC.,
APPLICANT, BY G. EVAN PRITCHARD, AGENT, FOR THREE SPECIAL
EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-6.17, TO:
MODIFY THE MAXIMUM FRONT YARD SETBACK AS REQUIRED BY SECTION
110-3.6.2;
MODIFY THE LANDSCAPE STRIPISTREET TREE REQUIREMENTS OF SECTION
110-4.5.6.13;
MODIFY THE MINIMUM PARKING REQUIRED BY SECTION 110-4.2.3.E.
ON THE PROPERTY IDENTIFIED AS 3195 OLD LEE HWY AND MORE PARTICULARLY
DESCRIBED AS TAX MAP PARCEL 48-3-06-043.
WHEREAS, McDonald's USA LLC., Applicant, by G. Evan Pritchard, Agent, has
submitted Application No. SE-20-00062 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
I 10-6.17 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 23d day of March, 2021, that Application No. SE-20-00062 is hereby APPROVED, as
requested, with the following conditions:
1. Development shall be in conformance with Special Use Permit Plan submitted on March
15, 2021.
Adopted: March 23, 2021
AVI-"41W
Mayor
ATTEST:
FA
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