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R-10-13RESOLUTION NO. R-10-13 RESOLUTION TO APPROVE THE REQUEST OF THE JOHNSON A. EDOSOMWAN LLC, BY ROBERT A. LAWRENCE AND GRAYSON P. HANES, ATTORNEYS/AGENTS, FOR SPECIAL EXCEPTIONS TO SECTION 110- 1046(3)(b)(2) TO PROVIDE SIDE YARDS LESS THAN 25 FEET WIDE WHERE CONTIGUOUS TO RESIDENTIALLY ZONED PROPERTY OUTSIDE THE OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT AND TO SECTION 110- 1046(3)(b)(2) TO PROVIDE REAR YARDS LESS THAN 25 FEET WIDE WHERE CONTIGUOUS TO RESIDENTIALLY ZONED PROPERTY OUTSIDE THE OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT ON THE PROPERTY KNOWN AS TAX MAP PARCELS 57-3-02-039 AND 57-3-02-040 AND ALSO KNOWN AS 4310 AND 4320 CHAIN BRIDGE ROAD. WHEREAS, The Johnson A. Edosomwan LLC, by Robert A. Lawrence and Grayson P. Hanes, Attorneys/Agents, have submitted Application No. SE-09070019 requesting Special Exceptions to Section 110-1046(3)(b)(2) to provide side yards less than 25 feet wide where contiguous to residentially zoned property outside the Old Town Fairfax Transition Overlay District and to Section 110-1046(3)(b)(2) to provide rear yards less than 25 feet wide where contiguous to residentially zoned property outside the Old Town Fairfax Transition Overlay District; and WHEREAS, City Council has carefully considered the application, the recommendation from Staff, the recommendation from the Board of Architectural Review and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exceptions are appropriate because the proposal meets the requisites established by City of Fairfax Code Section 110-1046(3), and Section 110-1047 for the following reasons: 1) The requests have been designed in a manner which will complement the unique character of the Old Town Fairfax Transition Overlay District with respect to building size, scale, placement, design and use of materials; 2) The proposed structure and improvements will promote the general welfare and protect the public health, safety and morals by tending to maintain and augment the city tax base as a whole, generating business activity, maintaining and creating employment opportunity, and making the city a more attractive and desirable place in which to live. 3) The proposed combination of architectural elements conform to accepted architectural principles, as contrasted with engineering standards designed to satisfy safety or functional requirements only, and exhibit external characteristics of demonstrated architectural and aesthetic durability. 4) The orientation and location of the proposed structures and improvements, and their relationship to open spaces and topography, will be harmonious with the surrounding buildings and area. 5) The design of the proposed structures and site would provide for the safe and efficient movement of pedestrian and vehicular traffic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 11th day of May, 2010, that Application No. SE-09070019 be and hereby is APPROVED, as requested, with the proffered conditions revised through May 11, 2010. Adopted this 11th day of May, 2010. gayor ate ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Nay Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye