R-22-03RESOLUTION NO R-22-03
RESOLUTION TO APPROVE THE REQUEST OF COOLEY LLC., APPLICANT, FOR A
SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-6.17, TO:
MODIFY THE DISTANCE REQUIREMENT OF AN ANIMAL CARE FACILITY
FROM THE NEAREST RESIDENTIAL USE AS REQUIRED BY SECTION 110-
3.5.3.B;
ON THE PROPERTY IDENTIFIED AS 11035, 11037 AND 11039 LEE HWY AND MORE
PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-1-02-132A.
WHEREAS, Cooley LLC., Applicant, has submitted Application No. SE-21-00656
requesting 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 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 I I" day of January 2022, that Application No. SE-21-00656 is hereby APPROVED, as
requested, with the following conditions:
1. Development shall be in conformance with submitted plans.
Adopted: January 11, 2022
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