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20020226 r-02-5RESOLUTION NO. 2002 - R=02-5 RESOLUTION TO APPROVE, WITH CONDITIONS, THE REQUEST OF ZETA ASSOCIATES, INCORPORATED, BY JOHN NELSON, PRESIDENT, FOR A SPECIAL USE PERMIT PURSUANT TO SECTIONS 110-782(b)(1) AND 110-762(a)(5) OF THE CITY CODE TO ALLOW A 3.1 METER RECEIVE-ONLY SATELLITE DISH ON THE ROOFTOP OF THE PREMISES KNOWN AS 10302 EATON PLACE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 47-4-02-02-004. WHEREAS, Zeta Associates, Incorporated has submitted Application No. SU-1450-02-1 requesting a Special Use Permit pursuant to City Code Sections 110-782(b)(1) and 110-762(a)(5); and WHEREAS, The City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, the City Council has determined that the proposed Special Use Permit, with conditions, is appropriate because the proposal meets the requisites established by City of Fairfax Code for the following reasons: The request meets the criteria established in City Code Sections 110-35 and 110- 366(3). The City Council has determined that the granting of a special use permit will not be inconsistent with the Comprehensive Plan or the adopted policy for telecommunication facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this twenty-sixth of February, 2002 that Application No. SU-1450-02-1 be and hereby is APPROVED WITH CONDITIONS, as follows: 1. Installation of the satellite dish shall be in substantial conformance to the Roof Plan and Front Elevation prepared by Architecture Design Associates, Inc. and titled "Zeta Antenna Location", subject to architectural review. 2. The applicant shall ensure that any damages or changes to the rooftop of the building are repaired and the surface restored to its original condition. 3. The applicant and its successors or assigns shall be required to provide evidence of compliance with all FCC regulations and prohibitions. 4. The applicant shall ensure that all equipment is properly installed and maintained, that any defunct equipment is promptly repaired or removed, and provide bonding of construction and removal. 5. The applicant shall designate a community liaison to serve as an accessible contact for adjacent civic and community associations prior to installation of the proposed facilities and throughout the period of use. Adopted this twenty-sixth day of February, 2002. 4 Date ATTEST: The vote on the motion to approve was recorded as follows: VOTE Councilman Coughlan Aye Councilman Greenfield Aye Councilman Lederer Aye Councilman Rodio Aye Councilman Rasmussen Aye Councilman Silverthorne Aye