R-09-05RESOLUTION R-09-O5
RESOLUTION TO DENY THE REQUEST BY ASSADULLAH "JOHN" SHOKOOR,
OWNER OF JOHN'S PLACE/I~IIAIR ENTERPRISES, INC., POR A SPECIAL
EXCEPTION PURSUANT TO CITY CODE SECTION 110-158 'Z'O ALLOW A
REDUCTION IN PARILING F'OR THE PROPOSED USES ON THE PROP ER'1'Y
KNOWN AS TAX MAP PARCEL 57-1 -((2J)-032 AND 033 AND ALSO KNOWN AS 11102
AND 11104 LF:E HIGHWAY.
WHEREAS, Assadullah `John" Shokoor, Lessee and Owner/Operator of John's Place
Restaurant, has submitted Application No. SE-08120025 requesting a Special Exception to allow
a reduction in parking for the proposed uses in accordance with Section 110-158.
WHEREAS, City Council has carefully considered the application, the recommendation
from Staff, and testi tiiony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exception is not
appropriate because the proposal does not meet the requisites established by City of Fairfax Code
Section 110-366 for the following reasons:
1J The request will result in increased traffic congestion or otherwise negatively
impact existing traffic flow or pedestrian and vehicular safety because the use
would require more parking than is available;
2J The request is contrary to the objectives specified in the comprehensive plan
because it would impede redevelopment of older properties;
3J The request is not necessary to perrnit the reasonable use of the subject property;
4J The requested changes would adversely impact adjacent property or the
surrounding area;
SJ The request is not the minimum necessary to afford relief; and
G~ The request is not in harmony with the general purpose and intent of Article II of
Chapter 110 0£ the City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this 1 Oth day of March, 2009, that Application No. 5E-08120025 be and hereby is DF_NIED.
The motion to adopt the resolution was approved rch 10, 2009_
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c
Mayor
city clerk
votes:
C ouncilmember Cross Aye
Councilman Drummond Aye
Council ixian Greenfield Aye
Councilman Meyer Aye
C ounciltxian Rasmussen Aye
C ouncilrtian Stombres Aye