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R-07-39 RESOLUTION R.-07-39 RESOLUTION TO APPROVE THE REQUEST OF BLACK, AJVIAN, REYES INC. FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO REDUCE THE REQUIRED PARKING AND ALLOVV 212 SHARED PARKING SPACES VVHERE 242 SHARED PARKING SPACES ARE REQUIRED FOR THE REQUESTED USE OF RESTAURANT VVITH ANCILLARY DANCING AND ON THE PRElVIISES LOCATED AT 10560 lVIAIN STREET AND DESCRIBED AS TAX lVIAP PARCELS 57-02-42-001. VVHEREAS. BLACK. AlVIAN, REYES INC. has submiUed Applicaloion No. SE- 07070003 requesting a Special Exception to the City Code listed belavv: Secloion 110-155(b)(3)n.2. Restaurant vvith dancing and entertainment: One space for every rour seats, plus one space ror each employee. Additional parking spaces shall be provided based on the follovving formula: total number of seats subtracted from the occupancy load, then multiplied by 0.5. In no case,. hovvever" shall less than one space ror every 75 square feet: of floor area be provided. ~HEREAS, City Council has carefu.lly considered the application,. the recommendation of the staff and testimony received at the public hearing; and V\THEREAS, Ci1:y Council has determined that the proposed Special Exception is appropriate because the proposal meets the requisites established by City of Fairfax: Code Section 110-158 for the follo"",ing reasons: (1) V\Till not result in increased traffic congestion or othe~ise negatively impact existing traffic fio"", or pedestriar1 and vehicular safety; (2) V\Till not be contrary to the objectives specified in the comprehensive plan; (3) Is necessary to permit the continued use of the subject property Tor dancing and entertainment ancillary to a restaurant; and (4) V\Till not adversely impact adjacent property or the surrounding area. NOVV. THEREFORE. BE IT RESOLVED by lohe Ciloy Council of lohe Ciloy of Fairfax on lohis 11th day of Seploember 2007. lohalo Applicaloion No. SE-07070003 be and hereby is APPROVED. as requesloed. The motion to adopt the resolution ""'as approved Seploember 11. 2~ ~~ :l\.I1ayor ATTEST: ~4~~~----~ The vote on the motion to VOTE: Council"",oman Cross Councilman Greenfield Council"",oman Lyon Councilman Rasmussen Councilman Silverthome Councilmember V\Tinter approve "",as recorded as follo"",s: Aye Aye Aye Aye Aye Aye