20050322 R-05-14RESOLUTION NO. R-05-14
RESOLUTION TO APPROVE THE REQUEST OF WOODROW W. LASHLEY, JR.,
APPLICANT, FOR A SPECIAL USE PERMIT PURSUANT TO CHAPTER 110 OF THE
CITY CODE ON THE PREMISES KNOWN AS 9919 MAIN STREET, AND MORE
PARTICULARLY DESCRIBED AS TAX MAP PARCEL 58-3-02-006.
WHEREAS, Woodrow W. Lashley, Jr, Applicant, has submitted Application No. SU-1495-
05-1 requesting a Special Use Permit, pursuant to City Code Section 110-366, to allow the
continuation of the enlargement, extension, reconstruction or structural alteration of a
nonconforming site in the C-2 Retail Commercial District to accommodate ice cream sales
from April through October on the premises known as 9919 Main Street pursuant to City
Code Section 110-782(6);
WHEREAS, City Council has carefully considered the application, the recommendation of
the staff, and the testimony received at the public hearing; 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(6) for the following reasons:
1) The proposed uses satisfy the Special Use Permit criteria in the City's zoning regulations;
2) The proposed uses are not contrary to the objectives specified in the Comprehensive Plan;
and
3) The proposed uses would not adversely affect nearby residential areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this
22nd day of March, 2005, that Application SU-1495-05-1 be and hereby is APPROVED,
WITH THE FOLLOWING CONDITIONS:
1) Operation of the ice cream stand is permitted from April 1 through October 31 only.
2) The ice cream stand shall not operate past 12:00 a.m., nor open before 9:00 a.m.,
however, posted hours shall reflect 9:00 a.m. to 10:00 p.m., but the business shall
occasionally be open no later than 12:00 a.m., to accommodate customers.
3) The Special Use Permit shall be valid for five years from the date of approval.
4) From April 1 through October 31, only Woody's Ice Cream customers may park in the
stand's six designated parking spaces.
5) A Plan of Development must be submitted to the Zoning Administrator within 30 days
of approval of this application clearly delineating how six parking spaces will be
marked and accommodated on-site.
6) Prior to the opening of the ice cream stand an inspection of the stand must be
conducted by Code Administration and an electrical permit must be issued to ensure
safety.
7) All wrecker vehicles shall be parked at 9919 Main Street behind screened fencing.
ATTEST:
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The motion to adopt the resolution was approved 6-0.
Votes
Councilmember Cross
Councilman Greenfield
Councilmember Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
aye
aye
aye
aye
aye
aye