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19980324 r-98-16RESOLUTION NO. 1998- R-98-16 RESOLUTION TO APPROVE THE REQUEST OF DONG A. CORPORATION, BY MYUNG HEE KANG, PRESIDENT, FOR SPECIAL EXCEPTIONS TO CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS 9590 LEE HIGHWAY, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 48-3-((9))-1D. WHEREAS, Dong A. Corporation has submitted Application No. SE-217-98-2 requesting a Special Exception to the City Code Sections listed below: Sections 26-39.1(h) and 26-173(c)(1) - To allow a building addition that is greater than 30% of the existing gross floor area without all of the required improvements to the existing nonconforming parking lot and to allow structural encroachment into the required 25-foot-wide front yard setback. 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 Exceptions are appropriate because the proposal meets the requisites established by City of Fairfax Code Sections 26-39.7, 26-173(f) and Section 26-103(c) because the exceptions: a. 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 if additional landscaping is provided along the Lee Highway frontage; are necessary to permit reasonable use of the subject property since it is not physically possible to meet the requirements for separation or parking space depth given the existing parking lot design and aisle width; and, d. will not adversely impact adjacent properties or the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 24th day of March, 1998, that Application No. SE-217-98-2 be and hereby is APPROVED with the following conditions: 1. Development of the site should be in accordance with the approved site plan dated January 9, 1995 and revised through January 11, 1998. 2. The applicant shall remove the existing non-conforming pylon sign. Adopted this 24thday of March ., 1998. ----~4'~-JMayo~ ATTEST: ~]~t~y C~rk