Resolution to Approve SPEX02-MA-003: A Category 9 Special Exception
 to Renew A Previously Approved Special Exception to Operate

WHEREAS, Uta Kirchner, owner and applicant, is seeking Special Exception renewal of 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, on September 28, 2006, 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 November 9, 2006, 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 and 5-900; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 9th day of November 2006, That SPEX02-MA-003 be, and is hereby, renewed 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 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.

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