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19900227 r-90-8RESOLUTION NO. R-90-8 A RESOLUTION TO APPROVE THE REQUEST OF JASON SANGWOO KIM, OWNER OF COURTHOUSE MARKET, FOR SPECIAL EXCEPTIONS FROM SPECIFIED PROVISIONS OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX FOR PROPERTY LOCATED AT 4328 CHAIN BRIDGE ROAD AND MORE PARTICULARLY DESCRIBED AS TAX MAP 57-3-((2))-41. WHEREAS, Jason Sangwoo Kim has submitted application No. SE-67-90-2 requesting the special exceptions to the City Code listed below: Section 26-39.7(a)¢1): To allow a 9.5 percent reduction in the number of parking spaces required for a shopping center. Section 26-69(a) (1)(a) and 26-173(c) ¢1): To allow a parking area to be separated by a landscaped strip (front yard) 5 feet in width where 25 feet is required. Section 26-173(c) (3): To allow a rear yard 12 feet in width where 25 feet is required adjacent to residentially zoned property. WHEREAS, City Council has determined that the proposed special exceptions are appropriate because the proposed development meets the requisites established by Fairfax City Code Sections 26-39.7(a) (1), 26-71.2 and 26-173(f) (2) for the following reasons: Section 26-39.7(a) ¢1): The uses within the development will be of such a nature that because of alternative parking demands, parking spaces will be generally available for each use in accordance with the normally applicable standards. be Congestion will not be increased on public streets and public safety will not be endangered. Section 26-71.2: The applicant has clearly demonstrated a situation of extreme topography, unusual lot shape and extraordinary circumstance; the proposed development is consistent with the Comprehensive Plan, Community Appearance Plan and Division 10 of the Zoning Ordinance; and site amenities will be adequate and the development will not adversely impact nearby property. Section 26-173(f) (2): a® Will not result in a development which is dispropor- tionate to surrounding land uses in size, bulk, or scale; Will not adversely affect any nearby residential areas; Co Will not overburden the community facilities existing or available or result in the obstruction of light and air, danger and congestion in transportation, or increased danger from fire, flood, or other hazards; do Will not be contrary to the objectives specified in the Comprehensive Plan. R-90-8 -2 -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 27th day of February , 1990, that application No. SE-67-90-2 be and hereby is approved subject to the following conditions: That the landscaping and lighting on Chain Bridge Road and School Street be done in accordance with the Community Appearance Plan. That the board fence on the residential property line be a board-on-board fence. That the building addition be finished in brick or masonry. That the stormwater management facilities, including detention facilities, if they are needed, be shown on the final site plan for construction. That existing vegetation on the perimeter of the site adjacent to the residential areas be retained where possible and the board fence be located so as not to endanger the retention of trees and other vegetation. The dumpster be relocated to a more acceptable placement, preferably at the west end of the loading area. The proposed entrance off of Chain Bridge Road be elimi- nated from the plans. The proposed video rental establishment not be included as a permitted use. Adopted this 27th day of February , 1990. MAYOR~ f / //- ATTEST: