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R-18-43RESOLUTION NO. R-1843 RESOLUTION TO DENY THE REQUEST OF 9571 FAIRFAX BOULEVARD, LLC, APPLICANT, BY STUART D. SCHOOLER, AGENT, FOR SPECIAL EXCEPTIONS TO CITY CODE TO: 1. MODIFY THE FRONT YARD SETBACK REQUIRED BY SEC. 110-3.6.2; 2. MODIFY THE REQUIRED MINIMUM INTERIOR SIDE YARD SETBACK REQUIRED BY SEC. 110-3.6.2; 3. FOR RELIEF FROM PROVIDING A SIDEWALK ALONG A STREET REQUIRED BY SEC. 110-4.4.4; 4. PROVIDE RELIEF TO MEETING LANDSCAPE STRIP AND STREET TREE REQUIREMENTS ALONG STREETS AS REQUIRED BY SEC. 110-4.5.6 B; 5. MODIFY THE TERMINAL ISLANDS MINIMUM DIMENSIONS REQUIRED BY SEC. 110-4.5.7 D 2; AND 6. PROVIDE RELIEF FROM THE LOCATION OF A PARKING SPACE AND PLANTING ISLAND REQUIRED BY SEC. 110-4.5.7 D 1. ON THE PREMISES KNOWN AS 9571 FAIRFAX BOULEVARD AND MORE PARTICULARLY DESCRIBED AS TAX MAP 48-3-06-041, WHEREAS, 9571 Fairfax Boulevard LLC, by Stuart D. Schooler, agent, has submitted Application No. SE- 1700379 requesting Special Exceptions to the City Code as listed above; and WHEREAS, City Council has carefully considered the application, the recommendation from 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 110-6.17 and 110-6.5.7 for the following reason: • The proposal does not ensure the same general level of land use compatibility as the otherwise applicable standards; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 131 day of November, 2018, that Application No. SE-1700379 be and hereby is DENIED. Adopted: November 13, 2018 Mayor Attest: The vote on the motion to approve was recorded as follows: VOTE: Councilmember DeMarco Aye Councilmember Lim Absent Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Nay Councilmember Yi Aye