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R-25-3017 WT1JX1 ICY CorL "a te4aZ17 RESOLUTION TO APPROVE THE REQUEST OF CHICK-FIL-A, INC., APPLICANT, BY WIRE GILL LLP, AGENT/ATTORNEY, FOR SPECIAL EXCEPTIONS TO THE CITY CODE: TO ALLOW A REDUCTION FROM THE REQUIRED TRANSITIONAL YARD (TY3) OF 15 FEET ALONG THE EASTERN, SOUTHERN, AND WESTERN PROPERTY LINES; TO ALLOW A REDUCTION IN THE FRONT YARD SETBACK FROM 20 FEET TO APPROXIMATELY SEVEN FEET; AND TO ALLOW A REDUCTION IN THE SIDE YARD (NORTHEAST) SETBACK FROM 25 FEET TO APPROXIMATELY 13 FEET; AND TO ALLOW A REDUCTION IN THE REAR YARD (SOUTHEAST) SETBACK FROM 25 FEET TO APPROXIMATELY 14 FEET; AND, TO ELIMINATE THE BULK PLANE REQUIREMENT ON THE EASTERN AND SOUTHERN PROPERTY LINE. ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 48-3-06-028A. WHEREAS, Chick-Fil-A, Inc., Applicant, by Wire Gill LLP, attorney/agent, has submitted Application No. 5E-24-00079 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 9' day of September 2025, that Application No. 5E-24-00079 be and hereby is APPROVED, as requested, with the following condition: 1. The proposed use shall be consistent with the Application and Statement of Justification received with the application. 2. The applicant shall obtain all necessary local, state and/or federal permits prior to any construction on site. The motion to adopt the resolution was approved September 9, 2025. Mayor ATTEST: City Vote: Mayor Read Aye Councilmember Amos Aye Councilmember Bates Aye Councilmember Hall Aye Councilmember Hardy -Chandler Aye Councilmember McQuillen Aye Councilmember Peterson Aye