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R-10-09RESOLUTION NO. R-10-09 RESOLUTION TO APPROVE 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 FROM UNDERGROUNDING IN PLACING SOME UTILITIES IN AN ADJACENT RIGHT-OF-WAY 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-10040006 requesting a Special Exception to modify the requirements of City Code Section 110-105 (k) to allow some utilities to be placed above-ground 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 appropriate with modifications because the proposal meets the requisites established by the City of Fairfax Code Sections 110-366, 110-369, and 110-105 (k) for the following reasons: 1) The underground placement of all the utilities exceeds five-percent of the pro: construction; 2) The request does not impact the safety and movement of vehicular traffic upon adj streets; 3) The request does not impact the safety and welfare of residents living in the area; and 4) The impact of the proposal will be minimal while avoiding complex offsite work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this day of April 29, 2010 that Application 5E-10040006 be and hereby is APPROVED, WITH THE FOLLOWING CONDITIONS: 1. The relocated poles shall be placed out of the right-of--way and behind the sidewalk. The locations of the two utility poles to remain shall be limited to the landscaped area at the corner of Main St. and Orchard Dr., and on the property in the landscaped portion at the vicinity of the intersection of Orchard Drive and Dwight Avenue. 2. The two poles at 4102 Orchard Dr. shall be removed and the two overhead lines shall be placed underground, pursuant to the applicant securing an easement and permission from the property owner. 3. All on-site utility lines and lines along the subject property's street frontage shall be placed underground. Only lines leading away from the subject property are to remain overhead. 4. Relocation of overhead and underground utilities shall be placed in a manner that minimizes conflicts with the proposed landscaping improvements shown on the approved site plan. Adopted: Apri129, 2010 Mayor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman C ross Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye Aye