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19980728 r-98-53RESOLUTION NO. R-98-53 RESOLUTION TO APPROVE THE REQUEST OF MARK DEWEESE, CONTRACT PURCHASER, FOR A SPECIAL EXCEPTION TO CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS 11004 & 11006 PARK ROAD, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-1-((2))-135 & 136. WHEREAS, Mark DeWeese has submitted Application No. SE-228-98-1 requesting a Special Exception to the City Code sections listed below: Section 26-69(a)(1) - to allow a 20.38-foot-wide landscape strip in the front setback area where a 25-foot-wide landscape strip is required and to eliminate the seven-foot- wide peripheral parking lot landscape strip; and, Section 26-39.2 - to eliminate the requirement for a four-foot-wide separation between the parking lot drive aisle and to eliminate the requirement for a six-foot-wide separation between building and parking spaces; and, for a special exception to City Code Section 26-39.4(a)(5) to allow 8.5-foot-wide parking spaces where nine-foot-wide spaces are required, and to allow a 20-foot-wide drive aisle where a 23-foot- wide drive aisle is required; and, Section 26-39.4(b) - to allow 21 parking spaces where 23 parking spaces are required; and, Section 26-173(d) - to allow 18% open space where 25% is required; and, Section 26-43(a)(1) - to allow off-site signage WHEREAS, City Council has determined that the proposed Special Exception is appropriate because the proposal meets the requisites established by City of Fairfax Code Section 26-39.2; Section 26-173(0; Section 26-71.2; Section 26-39.7 and Section 26-48 and Section 26-103(c) for the following reasons: Will not result in a development which is disproportionate to surrounding land uses in size, bulk or scale. Will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety. Will not be contrary to the objectives specified in the Comprehensive Plan. Will not adversely impact adjacent property or the surrounding area. 5. Is necessary to permit the reasonable use of the subject property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 28th day of July, 1998, that Application No. SE-228-98-1 be and hereby is APPROVED with the following condition: Development of the subject site shall be consistent with the preliminary site plan, by Rinker-Detwiler & Assocs., dated and revised through July 17, 1998, and the landscape plan, by Rinker- Detwiler & Assocs., dated June, 1998 and revised through July 10, 1998. All on-site storage shall be enclosed in the building's storage area and limited to surplus building materials. o Use of the existing building shall be limited to approximately 4,000 square feet for office and 5,024 square feet for storage. The applicant shall consolidate Lots 135 and 136 through the subdivision process prior to receiving any occupancy permit. o Lighting shall be generally consistent with the type, intensity and location typical of single-family detached residences, subject to review and approval by the Board of Architectural Review (BAR). o No employee, client or customer vehicles shall be parked on any neighborhood streets or access the subject site via Park Road. o A consent agreement, reviewed and approved by the City Attomey, must be signed by adjoining property-owners with an interest in the private access easement area for Holly Street, and submitted to the Zoning Administrator prior to site plan submission. Without the City Attomey's approval of said agreement the parking spaces proposed in the access easement area may not be constructed or considered part of the required parking for the proposed development. o The applicant shall repair, as necessary and subject to review and approval by the Director of Public Works, the retaining wall along the east property line of the subject site and ensure proper maintenance of same in the future. o The hours of operation of the storage area shall be limited to 8AM to 6PM, Monday through Friday. 10. The private drive in the Holly Street access easement area (or other access from Lee Highway) shall be completed to provide the only vehicular access to the subject site before, during and after any construction activity, use or occupancy of the subject site. 11. Off-site signage shall be limited to a total of ten square feet (including sign structure), shall be located on the east side of the private access drive at its intersection with the south right-of-way line for Lee Highway. Said sign shall be located a minimum of ten feet from the right-of-way line for Lee Highway. -2 R-98-53 -3 12. Prior to temporary or permanent occupancy, applicant agrees to establish a temporary landscaped barricade at the existing entrance of 11006 Park Road. 13. The proposed road construction to be completed within the one year requirement of the site plan approval or before permanent certificate of occupancy. 14. The applicant shall instruct customers, employees and suppliers to gain access to the business only from Lee Highway. Adopted this 2_~ day of July, 1998. Mayor ATTEST: