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R-08-01 RESOLUTION No_ :R-08-01 RESOLUTION TO APP:ROVE THE REQUEST OF PNC BAN~ BY ]V1- CATHERINE PUS:KA:R, ATTO:RNEY/A~ENT, FO:R SPECIAL EXCEPTIONS TO CHAPTE:R 110- 366 OF THE CITY CODE TO ALLO"" A SPECIAL EXCEPTION TO CITY CODE SECTION 110-89 (B) TO ALLO"" CONSTRUCTION AND ~:RADIN~ IN THE RPA; PU:RSUANT TO CITY CODE SECTION 110-155 (5) A SPECIAL EXCEPTION TO lVIODIFICATION OF THE STACK.IN~ SPACE REQUIRElVIENT; AND PURSUANT TO CITY CODE SECTION 110-156 A SPECIAL EXCEPTION TO lVIODIFY THE LOADIN~ SPACE REQUIRElVIENT ON THE PRElVIISES KNO""N AS TAX lVIAP PA:RCELS 57-1 ((2))117, 118, 119A AND ALSO ~O""N AS, 10631-10633, 10645, 10649 lVIAIN STREET AND CU:RRENTLY CLASSIFIED AS lVIIXED USE ON THE COlVIPREHENSIVE PLAN FUTURE LAND USE lVIAP_ V\THEREAS, PNC Bank, has submitted Application No. SE-828-06-1 requesting the Special Exceptions to the City Codes listed belo'-V: Section 110-89 (b) Administrative vvaivers and special exceptions. Special exceptions to the general performance criteria for resource management and resource protection areas detailed in section 1 10-84. Section 110-155 (5) A modification of the 10'" X 20" stacking space V\l"idth requirement. Section 1 10-156 A modification to the loading space requirement vv-here one is required and none is provided. V'\THEREAS" City Council has carefully considered the application,. the recommendation of the staff and testimony received at the public hearing; and V'\THEREAS,. City Council has determined that the proposed Special Exception is appropriate because the proposal meets the requisites established by City of Fairfax Code Sections 110-158 and 110-84 because the proposed development: 1) VVill not result in increased traffic congestion or othe~ise negatively impact existing traffic flovv or pedestrian and vehicular safety; 2) VVill not be contrary to the objectives specified in the comprehensive plan; 3) VVill not result in inadequate on-site amenity; 4) Is necessary to permit the reasonable use of the subject property; and 5) VVill not adversely impact adjacent property or the surrounding area. 6) The request is the minimum necessary to afford relief; 7) Granting the request 'VVill not confer upon the applicant any special privileges that are denied by this division to other property ovvners "'VV"ho are subject to its provisions and vvho are similarly si"tuated; 8) The request is in harmony 'VVith the purpose and intent oft:his division and is not of substantial detriment to vvater quality; 9) The request is not based upon conditions or circumstances that are self-created or self-imposed; and ~OV\T, THEREFORE, BE IT RESOLVED by the City Council orthe City or Fairrax on this 22 day of January, 2008 that application number SE-828-06-01 should be herby approved. ~cL1~ Mayor " Attest: 'Il/JA~ City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Greenfield Aye Councilwoman Lyon Aye Councilman Rasmussen Nay Councilman Silverthorne Aye Councilmember Winter Aye