R-10-50 City Council
City of Fairfax
RESOLUTION R -10 -50
DENIAL
RESOLUTION TO DENY THE REQUEST OF DKM PARTNERS BY JOHN H.
DONEGAN, AGENT, FOR SPECIAL EXCEPTIONS FOR RELIEF FROM THE
DEVELOPMENT STANDARDS SET FORTH IN 4 SECTIONS OF THE CITY
ZONING ORDINANCE ON THE PREMISES KNOWN AS 10120 FAIRFAX
BOULEVARD AND MORE PARTICULARLY DESCRIBED AS THE 5.81 ACRES
ZONED C -2 WITH PROFFERS CONSISTING OF TAX MAP 47- 4 -02 -2B -001 AND A
PORTION OF TAX MAP 47 -4 -02 -004.
WHEREAS, John H. Donegan, as Agent for DKM Partners, Contract Purchaser, has
submitted Application No. SE- 10050035 requesting Special Exceptions to:
• Reduce the minimum required number of stacking spaces for a financial institution
with drive -in facilities from 8 spaces for the first drive -in window to 5 spaces (Sec.
110- 155(b)(3)f);
• Reduce the minimum required number of parking spaces from 143 to 128 (Sec.
110- 155(b);
• Provide relief from the requirement for a parking lot planted island at the end of
each row of parking (Sec. 110- 259(a)(2)c); and
• Allow the child care outdoor recreation area to encroach into the Resource
Protection Area (Sec. 110- 84(c)); and
WHEREAS, City Council has carefully considered the application, the
recommendations of staff, and testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed Special Exceptions are
not appropriate because the proposal does not meet the requisites established by City of
Fairfax Code Sections 110 -366, 110 -158, 110 -263 and 110 -89 for the following reasons:
1) The request will result in increased traffic congestion or otherwise negatively
impact existing traffic flow or pedestrian and vehicular safety;
2) The request will be contrary to the objectives specified in the comprehensive
plan;
3) The request is not necessary to permit the reasonable use of the subject
property;
4) The request will adversely impact adjacent property or the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax on this 26 day of October, 2010, that Application No. SE- 10050035 be and hereby is
DENIED.
Mayor
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
Councilwoman Schmidt Aye
Councilman Stombres Nay