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R-11-38 Ammo, City Council City of Fairfax RESOLUTION NO. R -11 -38 RESOLUTION TO APPROVE THE REQUEST OF THE JOHNSON A. EDOSOMWAN LLC, BY ROBERT H. LAWRENCE AND GRAYSON P. HANES, ATTORNEYS /AGENTS, FOR A SPECIAL EXCEPTION PURSUANT TO CITY CODE SEC. 110 -263 TO ALLOW PARKING SPACES ADJACENT TO A PROPERTY LINE AND FOR A SPECIAL EXCEPTION PURSUANT TO CITY CODE SEC. 110 - 1046(6) TO ALLOW A MAXIMUM EXPOSED HEIGHT OF WALL MORE THAN 43 FEET ABOVE GRADE AS SHOWN ON THE GENERAL DEVLOPMENT PLAN /PRELIMINARY SITE PLAN ON THE PREMISES LOCATED AT 4288 AND 4294 CHAIN BRIDGE ROAD AND 10606 AND 10608 CANFIELD STREET AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57 -3 -02: 31A, 31B, 31C, 31D, 32 AND 37. WHEREAS, The Johnson A. Edosomwan LLC, has submitted Application No. SE- 11040074 requesting Special Exceptions to the City Codes listed below: Section 110- 259(a)(1)b Each off - street parking area not adjacent to a public right -of -way shall be separated from the property line by a landscaped strip of not less than the width of the required setback for the zoning district within which such parking area is located, or 12 feet in width, whichever is less, provided that a minimum of seven feet in width shall be provided. Such landscaped strip shall be planted with at least one deciduous tree meeting the dimensional requirements contained in subsection (a)(1) of this section for every 200 square feet of required landscaped strip. Section 110 - 1046(2) Maximum building height. No wall of any structure shall be exposed more than 43 feet above the finished grade. Decorative architectural elements not used for human habitation, such as towers and spires, may extend an additional five feet above the maximum height specified above. WHEREAS, City Council has carefully considered the application, the recommendation of the staff, the recommendation of 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 Sections 110 -263 and 110 -1046 for the following reasons: 1) There is an extraordinary circumstance in that the three parking spaces proposed adjacent to the property line are to satisfy the requirements of the adjacent church's Special Use Permit for overflow parking spaces on the subject property. 2) The proposed location of the church overflow parking spaces will not be inconsistent with the comprehensive plan, the community appearance plan and the purpose of the landscaping division of the zoning ordinance. 3) The proposed location of the church overflow parking spaces will not result in an inadequate on -site amenity or any condition which will adversely affect nearby property. 4) The proposed increase in maximum allowed wall height above 43 feet has been reviewed and recommended for approval by the Board of Architectural Review and will be consistent with the Design Guidelines for the Old Town Fairfax Transition District, the Comprehensive Plan and the Community Appearance Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 13th day of September, 2011, that Application No. SE- 11040074 be and hereby is APPROVED, as requested with the following condition: 1. All improvements shall be in substantial conformance with the General Development Plan/Preliminary Site Plan, prepared by christopher consultants, ltd., dated August 26, 2010 with the latest version dated July 1, 2011. ADOPTED this 13 day of September, 2011. �.J +. .'" i Mayor ATTEST: // h„A ity Cler The vote on the motion to approve was recorded as follows: VOTE: Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Aye