ALBEMARLE COUNTY BOARD OF ZONING APPEALS

2003 ANNUAL REPORT

 

 

I.          INTRODUCTION

 

The Code of Virginia states that the Board of Zoning Appeals shall submit a report of its activities to the governing body at least once each year {Sec. 15.2-2308}.  This report is a brief outline of their activities.

 

II.         PERSONNEL

 

The Board of Zoning Appeals consists of five members.  They are appointed by the Circuit Court for a term not to exceed five years.  The Board members during the year 2003 were:

 

Member                      Term Expiration

 

Max C. Kennedy, Chairman           Reappointed May 23, 2003 for a five year term – to expire May 23, 2008

 

David Bass, Vice Chairman           Reappointed May 23, 2002 for a five year term – to expire May 23, 2007

 

George Bailey, Secretary                Reappointed May 23, 2000 for a five year term – to expire May 23, 2005

 

Richard Cogan                                 Reappointed May 23, 2002 for a two year term – to expire May 23, 2004

 

Randy Rinehart                                Reappointed  May 23, 2001 for a five year term – to expire May 23, 2006

 

 

III.        OPERATING PROCEDURES

 

Regular meetings of the Board are held the first Tuesday of each month starting at 2:00 p.m.  Special meetings are called in cases of appeals or a high number of submittals, when the regular schedule does not provide sufficient hearing time.  These special meetings may begin at 1:00 p.m.

 

The Board operates with Rules of Procedure which were adopted November 15, 2002.


IV.               EXPENSES

 

The Board of Zoning Appeals does not have a separate budget.  Compensation and mileage are included within the budget of the Department of Building Code and Zoning Services, specifically within the Zoning cost center.  Funding for Board salaries in the fiscal year 2002-2003 is consistent with prior years ($3,700) and expenses were a total of $3589.75.  Board members are paid $45 per meeting and are reimbursed for mileage traveled to the meetings.

 

Staff to the Board includes the Director of Building Code and Zoning Services (Zoning Administrator), Manager of Zoning Administration and the Chief of Zoning Administration (Deputy Zoning Administrator).  Support staff includes the Office Associate IV and the Zoning Technician.

 

V.                 ACTION SUMMARY

 

The Board of Zoning Appeals held 11 meetings in 2003.

 

The number of submittals and actions considered by the Board in 2003 are shown by application type, action taken and other actions in the following tables:

 

Variances

 

Fourteen (14) variance applications were received in 2003.  Eight (8) variances were approved, two (2) were denied, one (1) was withdrawn, two (2) were voided and one (1) was deferred to 2004.  The following table of variances by type counts only the 10 variances which were either approved or denied.  Of these, one variance is listed twice because the request included two different types of variances.

 

VARIANCES BY TYPE

TYPE OF VARIANCE

Reduce Lot / Septic Area

Structure Setback

Signage

Area Regulations or Frontage

Totals per Type

1

7

2

1

 


 

BOARD ACTIONS ON VARIANCES

Actions

Approved With No Conditions

Approved With Modifications to Staff Recommendation

Approved with Conditions Recommended by Staff

Denied

Totals by Action

1

2

5

2

 

ADDITIONAL ACTIONS

Other Actions

Deferrals

 

Requests for Rehearing

Rehearing

Given

Application Withdrawn

Voided

Totals Other Actions

6

2

1

1

2

 

 

Appeals

 

Four appeals (4) were received in 2003.  Two (2) were heard, one (1) was withdrawn and one (1) was deferred by the applicant for one year.

 

APPEALS BY TYPE

Type

Determination of use

Determination of violation

Totals per Type

1

3

 

BOARD ACTIONS

Actions

Upheld ZA

Overturned ZA

Modified ZA

Totals by Action

1

0

1

 

ADDITIONAL ACTIONS

Other Actions

Deferrals

Indefinite Deferrals

Withdrawn

Totals Other Actions

1

1

1

 

 

 


 

Special Use Permits

 

One (1) Special Use Permit for an off-site sign was received in 2003.

 

Application Type

Off Site Sign

Approved with Staff Conditions

Totals per Type

1

1

 

 

VI.       COURT ACTIONS

 

The following are court actions taken on Board of Zoning Appeals cases in 2003:

 

·                    Faulconer Construction Company, Thomas E. Hutchinson, Shawn and Pamela Evans, and Fleet National Bank’s appealed the Zoning Administrator’s determination that Faulconer’s proposed use is a contractor’s office and equipment storage yard, a use by right in Light Industry.  The BZA upheld the Zoning Administrator.  In August, the Albemarle Circuit Court upheld the Board of Zoning Appeals decision to affirm the Zoning Administrator.

 

·                    Lloyd F. Wood’s appeal to the Circuit Court of Albemarle County (filed in 2002) was dismissed by Mr. Wood in 2003 before the Court issued a writ of certiorari.

 

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