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Topic Description:
The
applicants wish to obtain Special Exception approval under
Category 7, which would allow for an amendment to a
previously approved Special Exception condition that limited
the use granted to John and Roma Sherman. The condition
states “Limit permit to the Shermans”. The amendment of
this condition would allow the use to run with the land
rather than with the applicants. The applicants intend to
sell the Ashby Inn and this condition must be changed prior
to a new owner being able to operate the business. The
applicants also request an amendment to the Sunday brunch
start time from 12:30 p.m. to a 12:00 noon start time. This
application does not seek to increase the use, alter any
previously approved conditions, or change the scope of the
current inn as it is today.
It should
be noted that the Ashby Inn consists of three (3) separate
parcels. However, only two are included in this application
as the third parcel was not part of the original Special
Exception, nor was its use limited to the Shermans. The
third parcel, PIN 6034-89-4347-000 obtained a Special Permit
in 1995 to locate a bed and breakfast establishment on the
premises. That referenced parcel, although it is a part of
the Ashby Inn, is not part of this application.
The Ashby
Inn & Restaurant is a county inn with a restaurant and 10
guest rooms. The Inn is open to the dining public Wednesday
through Saturday for dinner and for brunch on Sunday. Inn
rooms are available on demand. The number of patrons varies
from week to week. The Inn employs about 15 people. The
Ashby Inn has been in Paris for twenty years.
The
original Special Exception was granted in 1984. An
amendment was added in 1985 to allow for outside dining.
Another amendment occurred in 1986 to delete a fence and
plant shrubs instead. In 1989, the “Schoolhouse B&B” was
approved. On January 1, 1990, text changes to the Fauquier
County Zoning Ordinance Section 5.702 removed the Special
Exception standards that had stated that no permit shall
exceed five (5) years. When this Special Exception was
originally granted it was subject to that standard, and did
not include a time provision for renewal in a condition. So
it legally stands today without any further renewals
required.
For further detail, the section of the Fauquier County
Zoning Ordinance and its standards for “Adaptive Uses” are
as follows:
PART 7, 5-700 CATEGORY 7
ADAPTIVE USES
5-701 Category 7 Uses
1.
Retail shops.
2.
Art and craft
galleries.
3.
Offices.
4.
Restaurants.
5.
Inns or
boarding houses.
6.
Multi-Family
uses.
5-702 Standards for All
Category 7 Uses
In addition to the general
standards set forth in Section 006 above, all Category 7
special exception uses shall satisfy the following
standards:
1.
Category 7
uses shall be permitted only in those instances in which the
continuation of the existing use is impossible or
impractical and where the proposed use is not inconsistent
with existing uses in the area.
2.
Such uses
shall be permitted only in structures existing prior to
1940. No alteration to a residential structure or
dependency containing an adaptive use shall alter the
exterior appearance of the structure from that of a dwelling
or normal residential accessory structure.
3.
No off-street
parking or loading space shall be located in any required
side or rear yard that abuts a Residential District. No
more than three (3) parking spaces shall be located in any
required front yard unless specifically provided for in
granting the permit based on a finding that such parking
will not adversely affect the character of the surrounding
residential area.
4.
All open
off-street parking and loading areas that abut a Residential
District shall be effectively screened.
5.
All Category 7
uses shall either be located within an area designated as a
service district, village or settlement, in the
Comprehensive Plan or be located on a lot having direct
access to a road designated as a major collector (or higher)
in the Comprehensive Plan unless the Board of Supervisors
finds that the type and amount of traffic generated by the
facility is such that it will not cause an undue impact on
the neighbors or adversely affect safety of road usage.
6.
No goods or
items offered for sale shall be displayed or stored
outdoors.
7.
A thirty
percent (30%) increase in square footage shall be permitted
in accessory additions or structures which are on the same
property to the principal structure which are compatible in
size and appearance.
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