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Middleburg schedules public hearing after staff finds Washington Street storefront operating as office
Summary
Staff notified Purple Cherry Architects that its 11 E. Washington St. space is a professional office requiring a special-use permit in the C-2 district; applicant disputes claims of misrepresentation and council scheduled a public hearing to decide the matter.
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Town staff told the Middleburg Town Council that Purple Cherry Architects’ small Washington Street storefront has been used as a professional office, not a ground-floor retail shop, and therefore requires a special-use permit in the town’s C-2 central business district.
Will Moore, deputy town manager, summarized staff’s finding and the planning commission’s review, saying, “There is no question that the use has been office rather than retail.” He told council the planning commission held a public hearing and issued a unanimous recommendation to schedule the matter for consideration by the full council.
The distinction matters because the C-2 district’s purpose emphasizes pedestrian-oriented commercial activities meant to support tourism and the vitality of the downtown. Moore said planning commissioners were concerned that the space on that highly trafficked block of Washington Street is better suited to retail or restaurant uses that attract passersby.
Applicant Kathy Purple Cherry told the council she never intended the storefront to operate as an open retail shop. “We were never intended to be open,” she said, describing the space as 10 feet wide and 33 feet deep and used by appointment. She said her firm sells furniture to clients and that the business model often results in large annual sales recorded at reconciliation rather than daily walk-in sales; “this past year, we have sold $3,000,000 in furniture to our clients,” she said.
Council members pressed both the applicant and staff on the facts and on precedent for allowing professional offices in the core retail area. Some members expressed concern about setting a pattern that could reduce the availability of tourism-oriented retail in the town center; others noted the reality of narrow, difficult-to-rent storefronts and the value of avoiding long vacancies.
The council voted to schedule a formal public hearing on the special-use permit at its next meeting; staff was directed to publish required notices. The hearing will give neighbors, business owners and the applicant a chance to present testimony before the council makes a final decision.
The town attorney and planning staff said the council’s decision must be made consistent with findings required by the zoning ordinance and the town’s comprehensive plan. If the council denies the permit, the property owner or applicant could pursue other options provided by the ordinance.
