Loading...
20021008 r-02-52RESOLUTION NO. 2002 - R-02-52 RESOLUTION TO DENY 1N PART THE REQUEST OF CHO'S ENTERPRISE, INC., FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO ALLOW GROUND-MOUNTED SIGNAGE GREATER THAN SIX FEET IN HEIGHT, AND EXCEED THE MAXIMUM SQUARE FOOTAGE AND TO APPROVE IN PART, AS MODIFIED, THE REQUEST OF CHO'S ENTERPRISE, INC., FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO REDUCE THE SIGN' S REQUIRED SETBACK FROM THE FRONT PROPERTY LINE ON THE PREMISES KNOWN AS 9940 LEE HIGHWAY, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-((14))-1A. WHEREAS, Cho's Enterprise, Inc. has submitted Application No. SE-331-02-1 requesting a Special Exception to the City Code listed below: Section l10-181(b) - ground-mounted business signs on arterial roadways shall not exceed 40 square-feet, shall provide a 10-foot-wide setback from the front property line, and shall not exceed six feet in height or provide ground clearance greater than eight inches. WHEREAS, City Council has determined that the proposed Special Exception to exceed 40 square feet maximum sign area is not appropriate because the proposal does not meet the requisites established by City of Fairfax Code Section 110-185 and 110-366 for the following reasons: 1. The proposed increased size would result in excessive signage on the subject site. 2. The proposed sign would not be consistent with the recommendations of the Comprehensive Plan. 3. The proposed sign would not be consistent with the purpose and intent of the sign code. WHEREAS, City Council has determined that the proposed Special Exception to allow an increased sign height and decrease the required setback, as modified, is appropriate because the proposal meets the requisites established by City of Fairfax Code Section 110-185 and 110-366 for the following reasons: 1. The nonconforming peripheral parking lot landscape strip, and parking lot design on the adjacent property create a unique burden to providing visible ground-mounted signage. 2. The proposed sign, with staff's recommendations, will minimize visual distraction, and avoid confusing or obstructing vision for traffic safety. 3. The proposed sign, in addition to the existing building-mounted sign, will not result in excess signage because the visibility for the building-mounted sign is obstructed by the canopy spread of the street trees along Lee Highway. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 8th day of October 2002, that Application No. SE-331-02-1, be and hereby is DENIED IN PART AND APPROVED IN PART, as modified, with the following conditions: 1. The ground-mounted sign shall not exceed 30 square-feet in area (including its base) and shall not exceed 8.5 feet in height. 2. The proposed sign shall be located a minimum of 30 feet from the driveway subject to on-site inspection for compliance with the sight distance to the east from the edge of the driveway to the subject site, and set back five feet from the front property line. 3. The sign base for the proposed sign shall be constructed of brick materials. Adopted this 8th day of October, 2002. ATTEST: [ Citi~Cle{~) The motion to adopt the resolution was approved 6-0. Vote Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthome Councilwoman Winter Aye Aye Aye Aye Aye Aye