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19890926 r-89-38RESOLUTION NO. R-89-38 A RESOLUTION TO APPROVE THE REQUEST OF DESOUZA CONSTRUCTION COMPANY, INC., BY NELSON A. DESOUZA, PRESIDENT, FOR SPECIAL EXCEPTION FROM THE SPECIFIED PROVISION OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX FOR PROPERTY LOCATED AT 9572 LEE AND MORE PARTICULARLY DESCRIBED AS TAX MAP 48-3-((2))-8. WHEREAS, Nelson A. DeSouza has submitted application No. SE-61-89-1 requesting the special exception to the City Code listed below: Section 26-44(a) (Table III): To allow a free-standing sign for an industrial property that has a lot frontage of 30 feet on a public street where a minimum 50-foot front is required to have a free-standing sign. WHEREAS, City Council has determined that the proposed special exception is appropriate because the proposed develop- ment meets the requisites established by Fairfax City Code Section 26-48(2) for the following reasons: The applicant has clearly demonstrated that requirements contained in this Division will present a unique burden due to unusual topography, vegetation, building design or lot shape; and The City Council has determined that the granting of the special exception will not be inconsistent with the Comprehensive Plan or the purpose of the Division as stated in Section 26-40. NOW, THEREFORE, BE IT RESOLVED by ~h9 qity Council of the City of Fairfax on this 26th day of ~ep~emDer , 1989, that application No. SE-61-89-1 be and hereby is approved subject to the following conditions: The sign be nine feet in height with plantings around the base of the sign. The applicant relocate the sign 20 feet from the right-of- way line created by the Lee Highway improvement project. Said relocation to be done within 30 days of completion of road construction in front of this property. Adopted this 26th day of September 1989 ATTEST: