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19881129 r-88-55RESOLUTION NO. R-88-55 A RESOLUTION TO DENY THE REQUEST OF 11123 LEE HIGHWAY ASSOCIATES LIMITED PARTNERSHIP BY SOL SUSLOVICH, GENERAL PARTNER, FOR SPECIAL EXCEPTION FROM THE SPECIFIED PROVISION OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX FOR PROPERTY LOCATED AT 11123-49 LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP 57-1-((2))-140. WHEREAS, 11123 Lee Highway Associates Limited Partnership has submitted application No. SE-47-88-1 requesting the Special Exception to the City Code listed below: Section 26-44(a) to al!ow a ground-mounted free-standing sign to be 'eight (8) feet in height where six (6) feet is permitted and to be located 10 feet from the right-of-way where 20 feet is required. WHEREAS, City Council has carefully considered the application, the recommendation of the staff and the testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exception is not appropriate because the proposed development does not meet the requisites established by Fairfax City Code Section 26-48(2) for the following reasons: The applicant has not clearly demonstrated that requirements con- tained in this Division will present a unique burden due to unusual topography, vegetation, building design or lot shape; and e The City Council has determined that the granting of Special Excep- tion will be inconsistent with the Comprehensive Plan or the purpose of the Division as stated in Section 26-40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 29th day of November, 1988, that application No. SE-47-88-1 be and hereby is DENIED. Adopted this 29th day of NOvember, 1988. ATTEST: