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19921215 r-92-60RESOLUTION NO. R-92- 60 RESOLUTION TO DENY THE REQUEST OF HARDEE'S FOOD SYSTEMS, INC., BY DAVID S. HOUSTON, ATTORNEY AND AGENT, FOR SPECIAL EXCEPTIONS TO THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, FOR PROPERTY LOCATED AT 10521 LEE HIGHWAY, TAX MAP PARCEL 57-2-((2))-72B. WHEREAS, Hardee's Food Systems, Inc., by David S. Houston, Attorney and Agent has submitted application No. SE-97-92-1 requesting Special Exceptions to the City Code listed below: Section 26-69(a)(1)(a) - To permit less than the required 25-foot front landscape strip; and Section 26-69(a)(1)(b) - To permit less than the required 7-foot perimeter landscape strip; or Section 26-39.4(b)(3)(n)iii - To permit less than the required 15 stacking spaces for a fast food drive-through facility. WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, CITY COUNCIL HAS DETERMINED THAT THE PROPOSED SPECIAL EXCEPTION IS NOT APPROPRIATE BECAUSE THE PROPOSAL DOES NOT MEET THE REQUISITES ESTABLISHED BY CITY OF FAIRFAX CODE SECTIONS 26-39.7, 26-71.2, AND 26-103(C) FOR THE FOLLOWING REASONS: The proposed Special Exceptions will exacerbate existing non- conformities; and 2. The proposed site designs will create hazardous on-site traffic conditions; The proposed site designs will negatively impact vehicular traffic on adjacent streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX ON THIS 15TH DAY OF DECEMBER, 1992, THAT APPLICATION NO. SE-97-92-1 BE AND HEREBY IS DENIED. ATTEST: