19890711 r-89-30RESOLUTION NO. R-89-30
RESOLUTION TO APPROVE THE REQUEST OF JOHN H.
AND EULA O. HARPER, SOLE PROPRIETORS, FOR
SPECIAL EXCEPTIONS FROM SPECIFIED PROVISIONS
OF CHAPTER 26 OF THE CODE OF THE CITY OF
FAIRFAX FOR PROPERTY LOCATED AT 9766 LEE
HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX
MAP 48-3-((1) )-17.
WHEREAS, John H. and Eula O. Harper have submitted application
No. SE-58-89-2 requesting Special Exceptions to the City Code
listed below:
Section 26-39.2(e) (2): To permit a parking area without
the required 5-foot landscaped strip on the west and east
sides of the property;
Section 26-173(d): To permit a landscaped open space of
23.5% where 25% is required; and
Section 26-173(e)(1): To permit a Floor Area Ratio
(F.A.R.) of .52 where a maximum F.A.R. of .50 is allowed.
WHEREAS, City Council has determined that certain specific
proposed Special Exceptions (numbers 1 and 3) are appropriate
because the proposed development meets the requisites established
by Fairfax City Code Section 26-39.7(c) and Section 26-173(f)(2)
for the following reasons:
Section 26-$9,7(C): Allows the granting of Special Exceptions
to the provisions of the Parking Ordinance, provided that the
following conditions are met:
Will not result in increased traffic congestion or
otherwise negatively impact existing traffic flow or
pedestrian or vehicular safety; and
Will not be contrary to the objectives specified in the
Comprehensive Plan; and
Will permit the reasonable use of the subject property;
and
Will not adversely impact adjacent property or the
surrounding area.
Section 26-173¢f)(2): Allows the granting of
Exceptions to the area requirements of the C-2
provided that the following conditions are met:
Special
District
2.
3.
4.
Will not result in development which is disproportionate
to surrounding land uses; and
Will not adversely affect adjacent and residential areas;
and
Will not overburden the existing community facilities;
and
Will not be contrary to the objectives of the
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Fairfax on this llth day of July , 1989, that
application No. SE-58-89-2 be and hereby is APPROVED as modified:
The eastern side yard to have a landscaped strip three
feet wide, the western side yard to have no landscaped
strip.
The landscaped open space waiver be denied and the full
25% open landscaped space be provided.
R-89-30 ~
3. The F.A.R. of .52 be approved as requested.
The approval be subject to the following conditions:
The front yard be landscaped in accordance with the
Community Appearance Plan.
Street lights of the style and sequence approved in the
Community Appearance Plan be provided in the landscaped
area.
3. The existing sidewalk be repaired or replaced as needed.
The Site Plan be revised to provide landscaping on at
least 25% of the site in a configuration consistent with
the recommendations in the staff report for this
application dated June 30, 1989.
Adopted this llth day of July
, 1989.
ATTEST:
V- U City Clerk