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19880223 r-88-9RESOLUTION NO. R-88-9 A RESOLUTION TO PARTIALLY APPROVE THE REQUEST OF HESS REALTY CORPORATION BY DOUGLAS E. FRIEDMAN, ASSISTANT SECRETARY, FOR SPECIAL EXCEPTION FROM SPECIFIED PROVISIONS OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX FOR PROPERTY LOCATED AT 9536 LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP ~g-3-16 LOT L. WHEREAS, Hess Realty Corporation has submitted application No. SE-30-g7-1 requesting the special exceptions to the City Code listed below: 1. Section 26-43(aX3) to allow a free-standing sign located 7.5 feet from the front property line, where 20 feet is required; and 2. Section 26-44(a) to allow the same free-standing sign to have an area of 72.3 square feet where a maximum of 50 square feet is allowed. WHEREAS, City Council has determined that Special Exception (1) is appropriate because the property development meets the requisites established by Fairfax City Code Section 26-4g(b) for the following reasons: 1. The applicant has clearly demonstrated that requirements contained in this division will present a unique burden due to unusual topography, vegeta- tion, building design or lot shape; and 2. The City Council has determined that the granting of the special exception will not be inconsistent with the Comprehenisve Plan or the purpose of this division as stated in Section 26-~0. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fair- fax on this 23rd day of February, 1988, that application No. SE-2g-87-1 be and hereby is PARTIALLY APPROVED with the following modifications: 1. Special Exception (1) is approved with the provision that upon the widening of Lee Highway, the applicant is responsible to relocate the sign to the appropriate setback and further that the applicant is responsible to recon- struct the existing grass buffer strip and concrete sidewalk in front of the property. 2. Special Exception (2) is denied in its entirety. Adopted this 23rd day of February~ 198g. A TTE ST: -~y (~rk