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20030128 r-03-5RESOLUTION NO. R-03-5 RESOLUTION TO APPROVE 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, EXCEED THE MAXIMUM SQUAR~ FOOTAGE AND 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-331-03-2 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 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 proposal meets the criteria of City Code Section 110-366 2. The request establishes the unique burden that makes the special exception necessary; and 3. The proposed sign follows the guidance of the Comprehensive Plan and Community Appearance Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 28th day of January 2003, that Application No. SE-331-03-2 be and hereby is APPROVED with the following conditions: 1. The ground-mounted sign shall be not exceed 48 square-feet (a 30- square-foot sign cabinet with an 18-square-foot brick base) and shall not exceed eight feet in height. 2. The proposed sign shall be located a minimum of 30 feet to the east from the edge of the driveway to the subject site and set back seven feet from the front property line, along Lee Highway. Adopted this 28th day of January, 2003. Mayor Date ATTEST: The vote to adopt the resolution was recorded as follows: Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthome Councilwoman Winter Vote Aye Aye Aye Aye Aye Aye