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19890124 r-89-3RESOLUTION NO. R-89'3 A RESOLUTION TO APPROVE THE REQUEST OF OLD LEE HILLS CIVIC ASSOCIATION, BY J. PAUL BALSERAK, PRESIDENT, FOR SPECIAL EXCEPTION FROM THE SPECIFIED PROVI- SION OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX. WHEREAS, Old Lee Hills Civic Association has submitted application No. SE-48-88-1 requesting the Special Exception to the City Code listed below: Section 26-44(b) to allow three residential development signs to be located in the Old Lee Highway right-of-way where a 15-foot setback from the right-of-way is required. WHEREAS, City Council has determined that the proposed Special Exception is appropriate because the proposed development meets the requisites estab- lished by Fairfax City Code Section 26-48(b) for the following reasons: 1. The applicant has clearly demonstrated that requirements contained in this Division will present a unique burden due to unusual topography, vegetation, building design or lot shape; and 2. The City Council has determined that the granting of Special Excep- tion will not be inconsistent with the Comprehensive Plan or the purpose of the division as stated in Section 26-40. NOW, THEREFORE, BE IT RESOLVED by tbe City Council of the City of Fair- fax, on this 24th day of Januars , 1989, that application No. SE-48-88-1 be and hereby is approved with the condition that the Old Lee Hills Civic Association is responsible for relocating the signs if a City street widening project requires such relocation. Adopted this 24th day of January , 1989. ATTEST: