Urbanna council approves special-use permit change to raise occupancy at 161 Cross Street to 36

The Urbanna Town Council on Dec. 11 approved Ordinance 05-2025, amending Special-Use Permit 2025-04 for 161 Cross Street to raise the certificate of occupancy from 20 to 36 and permit the applicant to convert a roughly 180-square-foot storage room into additional seating.

Staff summarized the application and evidence during the public hearing, saying the existing certificate of occupancy listed 20 but that the building official had confirmed an updated calculation could set capacity at 24. "The additional seating area would increase the occupancy by 12. So in total, the 20 would increase to 36," the planning staff said during the presentation. The property owner is listed as Pickett Homes LLC and the applicant, who spoke at the hearing, is Sean Pickett.

Applicant Sean Pickett told council he had restored part of the building and intended the converted room to be a historically themed space representing the town. "I don't think we've been a problem since we've been here," Pickett said, adding he plans to comply with regulations and that the space would provide extra seating "and I think it would represent the town well."

Council discussion focused on two issues: the occupancy increase itself and whether the council should require a privacy fence to address neighbor concerns about sightlines and potential trespass. Staff explained a privacy fence was proposed in an earlier staff report but had not been imposed in the initial SUP; the planning commission recommended approval of the occupancy change. Staff also noted that for outdoor alcoholic beverage service the applicant will have to delineate an area consistent with Virginia ABC requirements. "You'll have to have something that delineates that service area," staff said.

A council member moved to adopt Ordinance 05-2025, approving SUP 2025-04 with the altered condition language in condition number 5 to set the certificate of occupancy at 36. The motion was seconded and carried on a recorded voice vote with responses read into the record as follows: Marjorie Austin — Yes; Larry Cheuning — No; Alana Courtney — Yes; Mary Hansen — Yes; Beth Justice — Yes; Robbie Wilson — Yes. The mayor declared the motion passed.

The final SUP adopts the revised occupancy limit; the council did not add a town-imposed requirement for a full privacy fence but staff and council discussed that compliance with Virginia Alcoholic Beverage Control rules and neighbor communications would shape how outdoor service is delineated and screened going forward.

What happens next: the ordinance and amended SUP are now approved as drafted; the applicant must secure any applicable ABC approvals for outdoor alcohol service and comply with the revised condition numbering and occupancy as adopted by the council. Any further fence requirements would be addressed through ABC conditions, private agreements or a future ordinance change if council chooses to amend the town code.