R-10-05RESOLUTION NO. R-10-0~
RESOLUTION TO DENY THE REQUEST OF FAIRFAX DEVELOPMENT CORP
AND CLARKS CORNER HOMEOWNERS ASSOCIATION INC. BY JOHN H.
THILLMANN AGENT, FOR A SPECIAL EXCEPTION TO MODIFY THE
REQUIREMENTS OF CITY CODE SECTION 110-105(K) TO GRANT RELIEF IN
PLACING SOME UTILITIES IN AN ADJACENT RIGHT-OF-WAY
UNDERGROUND ON THE PREMISES KNOWN AS 4024-4033 COLONEL MENDEZ
WAY, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-4-
37-001 TO 008 AND 57-4-37-000 A & B
WHEREAS, John H. Thillmann, agent, has submitted Application No. SE-09120007
requesting a Special Exception to modify the requirements of City Code Section 110-105 (k)
to allow some utilities to be placed underground in an adjacent right-of--way on the premises
known as 4024-4033 Colonel Mendez Way;
WHEREAS, City Council has carefully considered the application, the recommendation of
the staff, and the testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exception is not
appropriate because the proposal meets the requisites established by the City of Fairfax Code
Sections 110-366, ll 0-369, and 110-105(k) for the following reason:
1) The request does not promote consistency with the Comprehensive Plan and other
adopted city goals and policies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this day of January 26, 2010 that Application No. 5E-09120007 be and hereby is DENIED.
Mayor
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ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Nay
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Nay