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20051129 R-05-64.5RESOLUTION NO. R-05-64.5 RESOLUTION TO APPROVE THE REQUEST OF BORINQUEN, INC. BY WILLIAM F. JIMENEZ, PRESIDENT, FOR A SPECIAL USE PERMIT PURSUANT TO CHAPTER 110 OF THE CITY CODE ON THE PREMISES KNOWN AS 9675 FAIRFAX BOULEVARD, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-((08))-004. WHEREAS, William F. Jimenez, President, has submitted Application No. SU-1497- 05-1 requesting a Special Use Permit, pursuant to City Code Section 110-366, to allow a specialty food establishment with delivery service in the C-2 Retail Commercial and Highway Corridor Overlay Districts on the premises known as 9675 Fairfax Boulevard pursuant to City Code Section 110-782(a)(5); WHEREAS, City Council has carefully considered the application, the ,fthe staff, and the testimony received at the public heating; and WHEREAS, City Council has determined that the proposed Special Use Permit is appropriate because the proposal meets the requisites established by the City of Fairfax Code Sections 110-366 and 110-782(a)(5) for the following reasons: 1) The proposed use satisfies the Special Use Permit criteria in the City's zoning regulations; 2) The proposed use is not contrary to the objectives specified in the Comprehensive Plan; and 3) The proposed use is similar to other uses within the Highway Corridor Overlay District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 29th day of November, 2005, that Application SU-1497-05-1 be and hereby is APPROVED, WITH THE FOLLOWING CONDITION: 1) The Special Use Permit shall expire two years from the date of approval. 2) Catering trucks or delivery trucks shall be kept in a discreet location as approved by city staff The motion to adopt the resolution was approved November 29, 2005. - Mayor ATTEST: City Clerk Votes: Councilwoman Cross Aye Councilman Greenfield Aye Councilwoman Lyon Aye Councilman Rasmussen Aye Councilman Silverthorne Aye Councilmember Winter Aye