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

WHEREAS, Uta Kirchner, owner and applicant, is seeking a Special Exception amendment to her current Special Exception, to allow for continued operation of The 1763 Inn restaurant and resort on the parcel known as PIN 6044-67-3399-000; and

            WHEREAS, the applicant is proposing to reduce the overall acreage of the Special Exception from 50 acres to 44.52 acres; and

WHEREAS, on March 29, 2007, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and

WHEREAS, the Fauquier County Planning Commission recommended approval of the application, subject to conditions; and

WHEREAS, on April 12, 2007, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006, 5-901 and 5-906; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 12th day of April 2007, That SEAM-MA-006 be, and is hereby, amended and approved, subject to the following conditions:

1.     The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land. This permit shall supersede previously granted permits for a resort.

2.      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.

3.      The 44.5250 acre residue shall be deed restricted from further subdivision with the Administrative or Family Subdivision, whichever occurs first.

4.      The Special Exception shall be granted for a period of five (5) years from the date of approval and must be renewed by the Board of Supervisors in accordance with the provisions of Section 5-013 of the Zoning Ordinance.

5.      There shall be no more than 21 guestrooms on site, as indicated on the above referenced Special Exception Plat.

6.      No more than one (1) principal residence is permitted on the 44.5250-acre parcel.

7.      The two (2) apartment units on site shall be limited to one bedroom, one-person occupancy.

8.      The seating capacity of the restaurant shall not exceed 50 patrons.

9.      The property shall be fenced or clearly marked to prevent trespassing.

10.  The total number of guests on site at any one time shall not exceed 120 unless a permit is granted for a temporary use in accordance with Section 3-308.3 of the Zoning Ordinance.

11.  The applicant shall maintain, at all times, occupancy permits for all dwelling and guest units, Health Department approvals, and proof that State fire codes are met.

12.  The applicant shall submit to the Health Department the results of quarterly water testing as required by the State for bed and breakfast and full food service restaurants.

13.  The applicant shall provide for the shielding of the lighting located at the property entrance along Route 50 to mitigate off-site impacts.

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