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R-22-17RESOLUTION NO R-22-17 RESOLUTION TO APPROVE THE REQUEST FROM MANSOOR AWAN, APPLICANT, BY SRI APPANA AND MOLLY NOVOTNY, AGENTS, FOR TWO SPECIAL EXCEPTIONS PURSUANT TO CITY CODE SECTION 110-6.17, TO: • MODIFY THE MINIMUM SIDE YARD SETBACK AS REQUIRED BY SECTION 110-3.6.2; • MODIFY THE PARKING LOT LANDSCAPING REQUIREMENTS OF SECTION 110-4.5.7.D; ON THE PROPERTY IDENTIFIED AS 10869 FAIRFAX BLVD. AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 57-1-14-033. WHEREAS, Mansoor Awan, Applicant, by Sri Appana and Molly Novotny, Agents, has submitted Application No. 5E-21-00198 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 April, 2022, that Application No. 5E-21-00198 is hereby APPROVED, as requested, with the following conditions: Development shall be in conformance with land use plans submitted on April 13, 2022. The motion to adopt the resolution was approved on April 26, 2022. Mayor Attest: City C—lerk 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