19940927 r-94-39RESOLUTION NO. R-94- 39
RESOL~ON TO APPROVE THE REQUEST OF BURGER KING CORP., BY JACK
WEYANT, ENGINEER AND AGENT, FOR SPECIAL EXCEPTIONS TO CHAPTER
26 OF THE CITY CODE ON THE PREMISES KNOWN AS BURGER KING, 10885
LEE HIGHWAY, AND MORE PARTICULARLY DESCRIBED AS TAX MAP
PARCEL 57-1-((14))-29, 30, 31 AND 38.
WHEREAS, Burger King Corp., by Jack Weyant, Engineer and Agent, has submitted
application No. SE-139-94-1 requesting a Special Exception to the City Code listed below:
Section 26-69(a)(1) to allow landscaped front yards to be less than the required 25 feet
(approximately 15 feet).
WHEREAS, City Council has determined that the proposed Special Exception is
appropriate because as modified by the below-listed conditions the proposal meets the requisites
established by City of Fairfax Code Sections 26-71.2 and 26-103(c) for the following reasons:
1. The applicant's situation is unique in that the existing site design is
nonconforming.
2. No negative impacts are anticipated as a result of granting the request.
The proposal is consistent with the objectives of the Comprehensive Plan and
Community Appearance Plan to upgrade nonconforming properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on
this 27th day of September, 1994, that application No. SE-139-94-1 be and hereby is
APPROVED with the following conditions:
The applicant dedicate to the City adequate land at the intersection of Lee
Highway and Hallman Street to complete the right-of-way.
The applicant install the light fixtures recommended by the Community
Appearance Plan along the Lee Highway street frontage.
3. The applicant install bike racks on the premises.
Approval of the playground area will be subject to the approval of the staff and
the Board of Architectural Review.
ATTEST: