Memorandum

 

 

TO:                 Members, Albemarle County Board of Supervisors

 

FROM:           Amelia G. McCulley, Zoning Administrator

 

DATE:            March 15, 2006

 

RE:                 2005 Annual Report of the Board of Zoning Appeals

 

 

State Code Section 15.2-2308 requires the Board of Zoning Appeals (BZA) to keep a full public record of its proceedings and to submit a report of its activities to the governing body.  The full 2005 BZA annual report is attached for your information.

 

The Board of Zoning Appeals hears variances from the Zoning Ordinance and appeals from decisions of the Zoning Administrator or other administrative officer.  These appeals can include determinations of zoning violation. 

 

The number of appeals received in 2005 (13) increased by 3, from 10 received in 2004. Of the 13 appeals received in 2005, the Board upheld the Zoning Administrator in 2, 4 appeals were withdrawn, 2 were void, 1 was dismissed and 1 was moot.   One appeal is still pending and 2 were still under review as of December 31, 2005.  The number of appeals related to violations increased by 7 in 2005 from 2 in 2004 to 9 in 2005.

 

The number of variances received in 2005 decreased by 12, from 21 in 2004 to 9 in 2005.  Four variances were approved, 1 was denied and 2 were withdrawn.  Two are still pending as of December 31, 2005.  The number of variance requests related to setbacks decreased in 2005.

 

The following court cases are still pending as of December 31, 2005:

 

1.         Crafton Corporation v. Board of Zoning Appeals (appeal of determination of zoning violation)

 

2.         Van der Linde Housing, Inc. v. Board of Zoning Appeals (appeal of determination of zoning violation)

 

3.         Paul Begin, et al. v. Board of Zoning Appeals and Planned Parenthood

 

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