19921215 r-92-60RESOLUTION NO. R-92- 60
RESOLUTION TO DENY THE REQUEST OF HARDEE'S FOOD
SYSTEMS, INC., BY DAVID S. HOUSTON, ATTORNEY AND
AGENT, FOR SPECIAL EXCEPTIONS TO THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, FOR PROPERTY LOCATED AT
10521 LEE HIGHWAY, TAX MAP PARCEL 57-2-((2))-72B.
WHEREAS, Hardee's Food Systems, Inc., by David S. Houston, Attorney and
Agent has submitted application No. SE-97-92-1 requesting Special Exceptions to the
City Code listed below:
Section 26-69(a)(1)(a) - To permit less than the required 25-foot front landscape
strip; and
Section 26-69(a)(1)(b) - To permit less than the required 7-foot perimeter
landscape strip; or
Section 26-39.4(b)(3)(n)iii - To permit less than the required 15 stacking spaces
for a fast food drive-through facility.
WHEREAS, City Council has carefully considered the application, the
recommendation of the staff and testimony received at the public hearing; and
WHEREAS, CITY COUNCIL HAS DETERMINED THAT THE PROPOSED
SPECIAL EXCEPTION IS NOT APPROPRIATE BECAUSE THE PROPOSAL
DOES NOT MEET THE REQUISITES ESTABLISHED BY CITY OF FAIRFAX
CODE SECTIONS 26-39.7, 26-71.2, AND 26-103(C) FOR THE FOLLOWING
REASONS:
The proposed Special Exceptions will exacerbate existing non-
conformities; and
2. The proposed site designs will create hazardous on-site traffic conditions;
The proposed site designs will negatively impact vehicular traffic on
adjacent streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAIRFAX ON THIS 15TH DAY OF DECEMBER, 1992, THAT
APPLICATION NO. SE-97-92-1 BE AND HEREBY IS DENIED.
ATTEST: