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19930126 r-93-3RESOLUTION NO. R-93-3 RESOLUTION TO APPROVE THE REQUEST OF 9766 LEE HIGHWAY LIMITED PARTNERSHIP, BY JOSEPH L. DONNELLY, GENERAL PARTNER, FOR SPECIAL EXCEPTIONS TO THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, FOR PROPERTY LOCATED AT 9766 LEE HIGHWAY, TAX MAP PARCEL 48-3-((10))-17. WHEREAS, 9766 Lee Highway Limited Partnership, by Joseph L. Donnelly, General Panner, has submitted application No. SE-103-92-3 requesting Special Exceptions to the City Code listed below: Section 26-44(b)(2)c2 To allow a free-standing sign in a style other than the permitted ground-mounted style, taller than the allowed six feet, and larger than the permitted 20 square feet in area; Section 26-43(a)(3) and (8) To allow a sign to be located less than the required 20 feet from the right-of-way and front property line. WHEREAS, City Council has determined that the following of the proposed Special Exceptions are appropriate because they meet the requisites established by City of Faiffax Code Section 26-48(b) Section 26-44Co)(2)c2 To allow a free-standing sign that is taller than the permitted six feet; and Section 26-43(a)(3) and (8) To allow a free-standing sign to be located less than the required 20 feet from the right-of-way and front property line; WHEREAS, City Council has determined, based on the staff recommendation and public testimony, that the proposed Special Exceptions to Section 26-44(b)(2)c2 to allow a pylon-style and a tenant directory sign area of more than the allowed 20 square feet do not meet the requisites established by City of Faiffax Code Section 26-48(b) for the following reasons: The applicant has not clearly demonstrated that the requirements for sign area and sign style present a unique burden; and Granting the proposed Special Exceptions are inconsistent with the goal of the Comprehensive Plan and the intent of the Sign Ordinance to provide for adequate, but not excessive, signage that enhances the image, appearance and economic vitality of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 26th day of January, 1993, that application No. SE-103-92-3 be and hereby is partially APPROVED as stated above and as modified by the following conditions: 1. The sign height be no more than nine feet; 2. The sign be a monument-style; The sign location be no closer than eight feet from the right-of-way and front property line; The sign be limited to either 20 square feet for a tenant directory sign, or 48.5 square feet for a building identification sign. R-93-3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 26th day of January, 1993, that application No. $E-103-92-3 be and hereby is APPROVED. ADOPTED this 26th day of January, 1993. A'I'rEST: City Clerk (Acting)