Board of Supervisors Meeting Date:

Uta Kirchner

April 12, 2007

Staff Lead:
Holly Meade, Senior Planner

Community Development


Magisterial District:




A Resolution to Approve SEAM07-MA-006: A Category 9 Special Exception to Amend a Previously Approved Special Exception to Operate the 1763 Inn


Topic Description:   

The applicant is proposing to slightly modify the acreage associated with the current Special Exception, to allow for continued operation of The 1763 Inn restaurant and resort.  The original Special Exception for this use was approved in 1986.


The Inn has been in continuous operation under the current owner since 1986.  The most recent renewal of the Special Exception was approved by the Board of Supervisors on November 9, 2006 for a five (5) year period.   

With this amendment, the applicant is proposing to slightly modify the existing Category 9 Special Exception.  Specifically, the applicant is proposing to reduce the overall acreage of the Special Exception from 50 acres to 44.52 acres via two (2) proposed subdivisions.  First, the applicant is proposing to subdivide a 2.23-acre parcel via the Family Transfer subdivision process.  Second, the applicant is proposing to administratively divide a 3.24-acre parcel; therefore, leaving approximately 44.52 acres to be utilized for the resort.  However, in order to continue operation of the resort as approved, a Special Exception Amendment is required by Condition of Development number two (2), which states: 

“The Special Exception is granted for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.  Any subdivision or addition of structures shall require an amendment to this Special Exception.” 

The owner/applicant has operated The 1763 Inn in compliance with the existing conditions.  Except for the requested acreage reduction, the applicant is seeking no changes to the previously approved conditions of operation.  Staff recommends replacing the existing condition #2 with the following: 

“The Special Exception is granted for the purpose(s), structure(s) and/or uses indicated on the Special Exception Amendment Plat dated February 9th, 2007 prepared by Carson, Ashley and Associates, LLC and signed by Mr. James R. Ashley.  Any future subdivision or addition of structures shall require an amendment to this Special Exception.” 

Staff also included a Condition of Development requiring the owner to deed restrict the residue from further subdivision.


Land Area, Location and Zoning:    

The property is located at 10082 Gazebo Lane in Upperville, Virginia.  It is zoned Rural Agricultural (RA).  A map of the property is shown below.



Neighboring Zoning/Land Use: 

The property is currently zoned Rural Agriculture (RA) and is bound on all sides by RA zoned parcels.  Consistent with the RA zoning category, this property is located in a district where agriculture and forestry are the predominant uses. 


Action Requested of the Board of Supervisors: 

Conduct a public hearing and consider adoption of the attached resolution.


Planning Commission Recommendation:

On March 29, 2007, the Planning Commission recommended unanimous approval of this item, subject to the conditions included in the attached resolution.


Summary and Recommendations:

Staff recommends that the Board of Supervisors consider the Planning Commission’s recommendation of approval for this item (SEAM07-MA-006), subject to the Special Exception conditions provided.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Department of Community Development
Economic Development
Commissioner of Revenue


Special Exception Plat

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