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R-09-04RESOLUTION R-09-04 RESOLUTION TO APPROVE THE REQUEST OF SARAH HALL, ATTORNEY/AGENT REPRESENTING GILLCO LLC, FOR A SPECIAL EXCEPTION Pi_1RSUANT TO 1 10-158 TO REDUCE THE REQUIRED PARKING, TO MODIFY THE CURBING REQUIREMENT, TO MODIFY THE SEPAF2_ATION OF A DRIVING LANE FROM A STRUCTURE; AND A SPECIAL EXCEPTION PURSUANT TO 110-263 TO REDUCE THE REQUIRED DISTANCE SEPARATING A PARKING AREA THAT IS NOT DH2.ECTLY ADJACENT TO THE PUBLIC RIGHT-OF-WAY FROM THE PROPERTY LINE. WHEREAS, Gillco LLC, has submitted Application No. SE-08110001 requesting Special Exceptions to the City Codes listed below: Section 110-153(2 Fixed and permanent concrete curbs at least six inches in height, or other permanent protective barrier approved by the director of public works. Section 110-153(3) Driving lanes located immediately adjacent to shall be separated from such structure by a sidewalk, landscaped strip, or combination thereof not less than four feet in width. Section 110-155(b) (3) g One parking space for every 400 square feet of gross floor area, plus one space for each employee. Section 110-259(a)~1)b Where parking area not adjacent to public right- o f-way_ Each off-street parking area not adjacent to the public right-of--way shall be separated from the property line by a landscaped strip of not less than the width of the required setback for the zoning district within which such parking area is located, or 12 feet in width, whichever is less, provided that a minimum of seven feet in width shall be provided. WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, City Council has detex-xiiined that the proposed Special Exception requests are approp riate because the proposal meets the requisites established by the City of Fairfax Code Sectio ns 110-366 and 110-158 for the following reasons: 1. The request will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety; 2. The request is not contrary to the objectives specified in the comprehensive plan; 3. The request is necessary to permit the reasonable use of the subject property; 4. The request necessitates relief of extraordinary circumstances; 5. The requested changes will not significantly impact adjacent properties or the surrounding area; 6. The requested changes will not have an adverse impact on the safety and welfare of residents living in the area; 7. The request will not be inconsistent with the comprehensive plan and community appearance plan; 8. The requested improvements will not result in an inadequate on-site amenity or condition; or 9. The request is in harmony with the general purpose and intent of the applicable article of Chapter 1 1 O of the City Code_ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on the 10 day of March, 2009, that Application No. 5E-08110001 be and hereby is APPROVED with the following conditions: 1. All improvements made to the site shall be in conformance with the revised plans dated February 5, 2009 as modified by these conditions and any future action by the Board of Architectural Review. 2. The applicant shall make the following modifications to the site plan: a. The proposed ramp to the front entrance shall comply with ADA requirements, and an accessible route from the parking space to the accessible entrance shall be provided on the site and identified on the site plan; b. Asphalt shall be removed along the entire southern property line to provide a two foot wide landscaped strip between the parking area and property line; 3. The Applicant shall obtain approval from the Board of Architectural Review (BAR) for plans to improve the front and side facades of the existing building. 4. Access to the basement shall be restricted to the property owner and to the City of Fairfax, and all use of basement for business purposes shall be prohibited. The motion to adopt the resolution was approved March 10, 2009. t,, ~~ ayor ~ ,/ ~ ` ~ %~ ~ / City Clerk Votes Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye