RESOLUTION

A RESOLUTION TO APPROVE SPEX05-MA-013, A Category 7 Special Exception TO REMOVE THE LIMITATION OF USE FROM the CURRENT OWNERS AND TIE THE USE TO THE LAND/PARCELS

            WHEREAS, the owners of the property identified by PINs 6034-89-5235-000 and 6034-89-4562-000 have requested a Category 7 Special Exception, which would allow for an amendment to a previously approved Special Exception condition; and

WHEREAS, the requested Special Exception will allow for the removal of the condition which limits the approved use to the applicants and instead convey the use with the land; and

            WHEREAS, on October 28, 2004, the Planning Commission voted unanimously to forward Special Exception SPEX05-MA-013 to the Board of Supervisors with a recommendation of conditioned approval; and

WHEREAS, on November 10, 2004, the Fauquier County Board of Supervisors held a public hearing and considered public testimony; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of November 2004, That Special Exception SPEX05-MA-013, John and Roma Sherman. Owners and Applicants, is hereby approved, subject to the following conditions:

  1. The Special Exception is granted for and runs with the land indicated in this application, also known as PIN 6034-89-5235-000 and PIN 6034-89-4562-000, and is not transferable to other land.

 

  1. This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat titled “Special Exception Plat, Ashby Inn” dated August 25, 2004, and received in Community Development on September 7, 2004, approved with the application, as qualified by these development conditions.

 

  1. Ashby Inn (692 Federal Street):

 

a)      All overnight guests shall be provided with off-street parking.

b)      The restaurant will not be open to the public until 12:00 noon on Sundays.

c)      No more than 50 seats for inside dining.

d)      No more than 20 seats for outside dining.

e)      Adequate off-street parking shall be provided for all dining guests.

f)        A shrub hedge will be planted and maintained to screen the Paris Methodist Church from the Ashby Inn.

 

  1. Ashby Inn Schoolhouse B&B (678 Federal Street):

 

a)      Shall have access to parking via Main Street only.

b)      No food or alcoholic beverages shall be served.

c)      A maximum of four (4) suites with no more than eight adults.

d)      No kitchen facilities or food preparation shall be maintained on the property.

e)      A maximum of four (4) vehicles permitted on the property at any point in time.

f)        Appropriate landscaping and screening will be provided between the subject property and adjacent properties.

 

5.            Applicant must furnish evidence that the site meets all applicable State and local health requirements.

 

6.            The exterior appearance of the structures shall maintain the appearance of a single family residence and normal residence accessory structures so as to match the typical architecture of the area.

 

7.            Amplified sound shall not exceed 60 decibels at the lot line.

 

8.            Shall maintain Glare Standards of Section 9-900 of the Fauquier County Zoning Ordinance.

 

9.            Shall maintain Standards for Outdoor Light Control of Section 9-1000 of the Fauquier County Zoning Ordinance.

 

10.        Any activity not specified in this Special Exception shall require new permit or Special Exception approval.