R-18-46RESOLUTION NO. R-1846
RESOLUTION TO APPROVE THE REQUEST OF CAPSTONE COLLEGIATE
COMMUNITIES, LLC, BY ROBERT D. BRANT, ATTORNEYIAGENT, FOR A
SPECIAL EXCEPTION TO THE CITY CODE TO:
• ALLOW A MODIFICATION OF THE FORTY EIGHT (48) FOOT MAXIMUM
BUILDING HEIGHT WITHIN THE OLD TOWN FAIRFAX TRANSITIONAL
OVERLAY DISTRICT PURSUANT TO CITY CODE SECTION 110-6.17
ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 57-2-20-
006A.
WHEREAS, Capstone Collegiate Communities, LLC, by Robert D. Brant, attorney/agent,
has submitted Application No. SE-18.00115 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 appropriate
because the proposal meets the requisites established by City of Fairfax Code Section 110-6.17
for the following reasons:
1. The proposal ensures the same general level of land use compatibility as the otherwise
applicable standards;
2. The proposal does not materially and adversely affect adjacent land uses and the
physical character of uses in the immediate vicinity of the proposed development
because of inadequate transitioning, screening, setbacks and other land use
considerations;
3. The proposal is generally consistent with the purposes and intent of the city code and
the comprehensive plan;
4. The proposal is based on the physical constraints and land use specifics, rather than on
economic hardship of the applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this
11TM day of December, 2018, that Application No. SE-18-00115 be and hereby is APPROVED,
as requested, with the following conditions (as may be provided by City Council).
Adopted this 11 day of December, 2018.
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Mayor
Attest:
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The vote on the motion to approve was recorded as follows:
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Nay
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Nay