Board of Supervisors Meeting Date:

Uta Kirchner [f.k.a. Uta Emberger]

November 9, 2006

Staff Lead:
Melissa Dargis, Assistant Chief of Planning

Community Development


Magisterial District:






A Resolution to Approve SPEX02-MA-003: a Category 9 Special Exception to Renew a Previously Approved Special Exception to Operate The 1763 Inn, Marshall District


Topic Description:   

The applicant wishes to renew her 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 October 15, 2001.  One of the conditions of that approval stipulates a renewal period of five (5) years.  Thus, the need for this renewal application.  The applicant does not seek any changes to the existing conditions, which are noted below: 

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 only 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.  

3.      The Special Exception use shall be in substantial conformance with the Special Exception plat dated February 9, 1998 and prepared by James H. Harris and Associates, and these conditions. 

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.  

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.


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 Agricultural (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: 

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


Planning Commission Recommendation: 

On September 28, 2006, the Planning Commission recommended approval of this item, subject to its original conditions.


Staff Analysis:

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Findings, comments, and recommendations are summarized below.  As of the preparation of this report, no agency comments have been received and none are anticipated as this is a renewal of a previously approved Special Exception and there are no proposed condition changes. 

Summary and Recommendations:

Staff recommends that the Board of Supervisors consider the Planning Commissionís recommendation of approval for this item (SPEX02-MA-003), subject to the original series of Special Exception conditions.   


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

Fauquier County Department of Community Development



1.      Special Exception Plat

2.      Statement of Justification


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