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R-09-24RESOLUTION NO_ R-09-24 RESOLUTION TO APPROVE THE REQUEST OF JENIFER HORNBACK., AGENT, FOR JDC FAIRFAX LLC, PURSUANT TO CITY CODE SECTION 110-185, FOR A ''~. SPECIAL EXCEPTION TO MODIFY CITY CODE SECTION 110-180(b)(2)(a)(1) TO PERMIT A GROUND-MOUNTED SIGN TO IDENTIFY INDIVIDUAL BUSINESSES LOCATED IN A SHOPPPING CENTER WITHOUT IDENTIFYING THE SHOPPING CENTER AND A SPECIAL EXCEPTION TO MODIFY CITY CODE SECTION 110-181 (B) TO PERMIT THE PLACEMENT OF A GROUND-MOUNTED SIGN CLOSER THAN TEN FEET FROM THE RIGHT-OF-WAY, ON THE PREMISES KNOWN AS 10930, 10940 AND 10944 FAIRFAX BOULEVARD AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL NUMBERS 57-1-02- 044-E1 AND 57-1-02-044-E2_ WHEREAS, Jenifer Hornbaclc, Agent, has submitted Application No_ 5E-09040009 requesting a Special Exception, pursuant to City Code Section 110-180(b~(2~(a~(1~ to permit a ground-mounted sign to identify individual businesses located in a shopping center and a Special Exception, pursuant to City Code Section 110-181(b) to permit the placement of a ground-mounted sign closer than ten feet from the right-o f--way; 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 determined that the proposed Special Exception is appropriate with modifications because the proposal meets the requisites established by the City of Fairfax Code Sections 1 ].0-185 and 110-366 for the following reasons= 1 . The request is not inconsistent with the comprehensive plan; 2. The request is necessary to permit the reasonable use of the subject property; 3. The applicant has clearly demonstrated that requirements contained in this division will present a unique burden due to unusual topography, vegetation, building design or lot shape; 4. The requested changes will not significantly impact adjacent property or the surrounding area; 5. The requested changes will not have an adverse impact on the safety and welfare of residents living in the area; 6. The request will not be inconsistent with the comprehensive plan and community appearance plan; 7. The requested improvement will not result in an inadequate on-site amenity or condition; and 8. The request is in hartiiony 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 23 day of June, 2009, that Application No. SE-09040009 be and hereby is APPROVED with the following conditions: 1. The materials used for the ground-mounted sign shall match the materials used for the building fag ade_ 2. The ground-mounted signage shall be in confonmance with the Special Exception Plat dated June 2, 2009 or as modified by the Board of Architectural Review during review of the revised master sign plan- The motion to adopt the resolution was approved June 23, 2009 Mayor Attest: .~ rty Clerk Votes: Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye